GENERAL TERMS AND CONDITIONS OF PUBLISHING DEN HOLLANDER B.V.
A. GENERAL PROVISIONS
A.1.1 In these terms and conditions, the following definitions apply:
"Publisher": the private limited company Uitgeverij Den Hollander B.V.
"Customer": The person who has concluded an agreement with the Publisher as referred to in these terms and conditions, either directly or through a third party engaged by the Publisher, to purchase or make available goods (including magazines, subscriptions, advertising space or any other Publisher offered goods) and/or electronic products or the performance of work and/or services, in the broadest sense of the word.
A.1.2 Written is understood to mean: by letter, by fax or by electronic means. A.2 Applicability
A.2.1 These general terms and conditions apply to all offers from the Publisher and to all agreements between the Publisher and the Buyer.
A.2.2 Additional and/or deviating conditions - which also include purchasing conditions - of the Purchaser are not part of the agreement between the Publisher and the Purchaser and are therefore not binding on the Publisher, unless the Publisher has expressly accepted these conditions in writing.
A.2.3 In the event of any conflict between these general terms and conditions and those of the Customer, these general terms and conditions shall prevail, unless the Publisher has confirmed to the Customer in writing that its terms and conditions prevail.
A.2.4 If these general terms and conditions are amended in the interim, the amended version thereof will form part of every agreement concluded between the Publisher and the Customer after the amendment takes effect.
A.3 Offer, order and conclusion, duration and termination of agreement
A.3.1 All quotations and offers from the Publisher are without obligation, unless the contrary has been expressly determined in writing. Unless expressly agreed otherwise, the Publisher's quotations and offers are valid for thirty days.
A.3.2 An agreement is concluded at the moment that the Publisher expressly accepts the assignment or order from the Buyer in writing or the moment that the Publisher starts the execution of the agreement.
A.3.3 The Publisher has no obligation whatsoever to provide the Buyer with means to detect or correct input errors by the Buyer. The contents of the assignment or order from the Customer as received by the Publisher are considered correct between the parties. Input errors and other errors made when issuing the order or assignment are for the account and risk of the Customer.
A.3.4 Unless otherwise agreed in writing, an Agreement is entered into for a period of one calendar year. After this term, the Agreement will be automatically extended for periods of one year each, unless either Party notifies the other Party in writing by letter one month before the start of the following period that it does not wish to renew the Agreement.
A.3.5 Both parties are only entitled to dissolve the Agreement due to an attributable shortcoming in the fulfillment of the Agreement if the other party, in all cases after a written notice of default as detailed as possible by letter, setting a reasonable term to remedy the shortcoming, imputably fails to fulfill essential obligations under the agreement.
A.3.6 Either of the Parties may terminate the Agreement without notice of default with immediate effect in writing by registered letter if:
the other Party - whether or not provisionally - is granted a suspension of payments; bankruptcy is filed with regard to the other Party,
if the company of the other Party is liquidated or terminated other than for the purpose of reconstruction or amalgamation of companies; or
the decisive control over Subscriber's business changes.
In the event of such termination, the Publisher is never obliged to refund any payments already received or to pay compensation.
A.4 Prices and rates
A.4.1 Sale, delivery and making available of goods or the performance of work and/or services, respectively, will take place at the prices and rates charged by the Publisher at the time of the conclusion of the agreement.
A.4.2 Unless expressly agreed otherwise in writing with the Buyer, all prices and rates charged by the Publisher are exclusive of turnover tax and exclusive of any other government-imposed levies and exclusive of administration, installation, assembly, transport or shipping costs. If the price is based on the expected number of pages to be delivered, the price will be definitively determined afterwards on the basis of the actual number of pages delivered.
A.4.3 Publisher reserves the right to change prices and rates.
Changed prices and rates apply - unless otherwise agreed -
from the time they are entered.
A.4.4 In the event of a price and/or rate increase, the Publisher will
to the extent reasonably possible thereof. In the event that
The Purchaser cannot agree with the price and/or rate increase announced by the Publisher, the Purchaser is entitled to
terminate the agreement by means of a written notice to the Publisher
send extrajudicial statement. If Publisher does not make this statement verklaring within thirty days of receipt by Customer of the notice regarding
has received the price and/or rate increase, at least from the moment
on which the Customer could reasonably have taken cognizance of the price and/or rate increase, the Customer is deemed to have agreed to the price and/or rate increase. A.4.5 Unless expressly provided otherwise in writing, the Customer is not entitled to
refund, refund of monies paid or other compensation in the event of a magazine does not reach the publication frequency or size determined for that magazine, or when, when purchasing several magazines or sources by the Customer, certain journals or sources will be cancelled.
A.5 Billing and Payment
A.5.1 Invoicing is made by the Publisher within three months after delivery or making available or the commencement of the performance of the
work and/or services, unless expressly agreed otherwise with the Customer agreed.
A.5.2 Payment by the Buyer must be made within fourteen days after invoice date on a bank and/or giro account designated by the Publisher, unless expressly agreed otherwise in writing.
A.5.3 Payments made by the Buyer primarily serve as
payment of all interest and costs owed and only after that until
payment of the oldest outstanding and due invoices, even if
The customer states that the payment relates to a later invoice.
A.5.4 Without the express written consent of the Publisher, it is
The Customer is not allowed to fulfill its payment obligation towards the Publisher set off against a claim of the Customer against the Publisher, for whatever reason then.
A.5.5 The Publisher has the right at any time to pay in advance, in cash to demand payment or security for the payment from the Customer.
A.5.6 If the Customer does not pay the amounts owed or does not pay them on time, Customer, without any notice of default being required, about the outstanding amount of statutory commercial interest owed. If Customer after
notice of default continues to fail to pay the claim, the Publisher may
relinquish the claim, in which case the Customer in addition to the
total amount owed is also obliged to pay all
judicial and extrajudicial costs.
A.5.7 In the event of non-payment or late payment by the Customer or failure to properly fulfill any obligation resting on the Customer is
Publisher is entitled to dissolve the agreement extrajudicially and further deliveries or performance of work and/or
services, without prejudice to the Publisher's right to
compensation of the costs resulting from the dissolution of the agreement claim damage suffered from the Customer.
A.6 Delivery and delivery times
A.6.1 Publisher will as soon as possible after receipt of the
order/assignment of the Buyer to deliver or to deliver the goods and/or products making available respectively with the performance of activities and/or services commence, if the ordered good (the ordered product) is in stock and commencement of the work and/or servicesof is possible.
A.6.2.1 All delivery times used by the Publisher are
target periods and therefore no strict deadlines.
A.6.2.2 All publication frequencies used by the Publisher are
target frequencies and not fatal frequencies.
A.6.3 Publisher is entitled to fulfill its obligations towards
Customer and the Customer's user rights wholly or partly
suspend, as long as the Customer has not fulfilled all its (payment) obligations satisfied. This suspension applies until the moment at which the Customer is still obligations towards the Publisher has been fulfilled in full.
A.7 Force majeure
A.7.1 Force majeure is understood to mean any shortcoming in the performance of the agreement that cannot be attributed to the Publisher or Customer, because it is not attributable to the fault of the Publisher or the Buyer, nor pursuant to the law, legal act or generally accepted views
is for the account of the Publisher or the Buyer.
A.7.2 In the event of temporary force majeure, including the situation that a good/product ordered by the Customer is temporarily out of stock, Publisher is entitled to extend the intended delivery period with time, during which the temporary force majeure continues.
A.7.3 In the event of permanent force majeure, which is understood to mean a circumstance over which Publisher or Customer has no influence nor reasonably can have and that the delivery or making available of goods or products respectively the performance of work
and/or renders services permanently impossible, including the situation that a purchased good is sold out and reprint does not take place, the Publisher respectively the Buyer is entitled to terminate the agreement extrajudicially dissolve. In the event of force majeure, the Customer cannot reimburse claim damages suffered from the Publisher, without prejudice to the provisions in article 6:78 of the Dutch Civil Code.
A.8 Complaints and returns
A.8.1 Unless otherwise agreed, the Customer is exclusively entitled to return goods or products to the Publisher, if the Buyer
damaged and/or other than the goods or products ordered by him have been delivered or made available.
A.8.2 The Customer is obliged to return the goods or products to be returned including the original shipping document and/or original address label in a proper packaging and must state the reason for the return
to communicate this in writing, unless expressly stated otherwise agreed. After receipt of the returned goods or
products, if the Publisher deems the return to be justified,
as soon as possible still receive the goods ordered and/or undamaged by the Buyer supply or make available goods or products.
A.9 Retention of title and risk
A.9.1 The Publisher reserves the ownership of all
delivered (movable) goods for as long as the Customer has not paid in full to its (payment) obligation(s) towards the Publisher under
agreements of deliveries or making available of goods or
products and/or performance of work and/or services, receivables in respect of a failure to comply with such
A.9.2 The Customer undertakes now for then on the first request of Publisher to establish a non-possessory pledge on all items referred to in Article at A.9.1 (movable) goods referred to, insofar as the retention of title of
Publisher on these matters should at any time appear to have expired, then otherwise provide security for the Publisher.
A.9.3 The . delivered or made available by the Publisher to the Buyer goods or products are from the moment of actual delivery to
The customer is entirely at his expense and risk.
A.10 Intellectual property rights
A.10.1 All copyrights and any other intellectual property rights
property as well as similar rights, including neighboring
rights and rights to the protection of databases, information and or performance, with regard to or with regard to by the Publisher to the Customer goods or products delivered and/or made available or at the
work and/or services performed for the benefit of the Customer
solely to the Publisher. Under “Publisher” for the purposes of
this Article A.10 also includes a third party of whom the Publisher
to the goods, products, activities or services referred to herein
has acquired the rights herein under license. Unless written (not per email) expressly provided otherwise, the rights are described in this article A.10 non-exclusive, non-transferable and non-sub-licensable.
A.10.2 The Customer is not permitted (and this applies if necessary in addition to copyright or neighboring rights of the Publisher as referred to in art. A.10.1) to without the prior written and express permission of the Publisher
any . supplied and/or made available to the Buyer by the Publisher goods or products or information provided in the context of services provided whether work has been provided by the Publisher, in whole or in part to reproduce or to make (reproductions thereof) public.
A.10.3 No provision in the agreement concluded with the Customer or agreements arising therefrom between the Publisher and the Buyer shall to full or partial transfer to the Customer of rights as referred to in
art. A.10.1, unless expressly agreed otherwise in writing. Customer acknowledges these rights and will refrain from any form of (in)direct infringement of withhold these rights on pain of forfeiture of a whole
payable fine of € 2,500 for each violation or each week that the
violation continues, without prejudice to the Publisher otherwise in the matter accruing rights, including the right to fulfillment and/or full
A.10.4 If the Customer notices that third parties are infringing the
rights referred to in A.10.1, the Customer is obliged to notify this immediately in writing Publisher to share. The Customer shall without written permission from Publisher in no way itself in or out of court against such
A.10.5 The Customer is not permitted to make any indication of rights as referred to in Article A.10.1 or designation of brands or trade names of To (have) change or remove (or have removed) the publisher or third parties. A.10.6 The Customer is not allowed to carry out a substantial number of works (including journals, articles and other resources) as available
created by the Publisher, download and consciously save, to the extent this outside normal, ad-hoc use as stipulated in the agreement(s)
between the Buyer and the Publisher.
A. 11 Personal data
A.11.1 The Customer undertakes to act in accordance with the Protection Act personal data and related applicable laws and regulations on
in the field of personal data protection. Publisher may, if the
goods delivered or services rendered by the Publisher the provision of personal data, further guidelines to the Customer with regard to the impose applicable personal data legislation. Customer
will strictly follow these guidelines.
A.11.2 Unless the parties expressly agree otherwise, the Customer obliges data subjects whose personal data are included in the ter
addresses made available, to notify the
making available the personal data concerning them.
A.11.3. The customer is responsible for keeping its information up-to-date at all times data and the Publisher will always timely, whether or not via the website(s) of Publisher, ensuring the transmission of changes to the data.
A.11.4 The addresses and addresses made available by the Customer personal data is stored in a file owned by
Publisher. Unless the parties expressly agree otherwise, Publisher allowed to use the address details provided for informational and promotional purposes related to products and services of
Publisher, and the Customer will – to the extent necessary – provide adequate consent of the recipients of such messages.
A.12 Publisher's Liability and Indemnification
A.12.1 Publisher, authors or editors of the goods, products,
work and/or services will be responsible for any errors or
incompleteness or for the use by the Customer of the goods referred to, products, work and/or services (including resulting
or related damage) are in no way liable.
Publisher therefore only accepts legal obligations to
compensation insofar as this appears from this article A.12.
A.12.2 The Publisher excludes any liability towards the Buyer, including the possible liability for claims from third parties, in respect of
indirect damage, including in any case: consequential damage, lost profit, lost savings, reduced goodwill, damage due to business interruption, and damage as a result of claims by customers of the Customer.
A.12.3 The presence of a defect never entitles the Customer to
suspension or settlement of its payment obligations with regard to goods, products or services supplied or made available
activities and/or services.
A.12.4 The condition for the existence of any right to compensation is at all times that the Buyer shall pay the damage as soon as possible after it has arisen, and in any case within two months after the occurrence of the damage, in writing
report to the publisher.
A.12.5 A series of related damage-causing events
counts as one event for the purposes of this article.
A.12.6 The Publisher's total liability towards the Buyer due to a
attributable failure to comply with any agreement or
for any other reason, is limited to compensation for direct damage up to maximum the amount of the total amount paid by the Customer compensation (excl. VAT) for the year in which the shortcoming occurs. In no event shall the Publisher's total liability, for whatever reason, however, exceed EUR 10,000.
A.12.7 The Buyer indemnifies the Publisher against all third-party claims in this regard of goods delivered and/or made available by the Publisher or
products or work and/or services performed, unless legally established it is stated that these claims are a direct result of gross negligence or intent on the part of the Publisher and the Buyer also demonstrates that he no fault whatsoever.
A.13 Termination of the agreement
A.13.1 The Publisher has the right to terminate the agreement with the Buyer with immediate effect for the future by written notice
notice to dissolve without (further) prior notice of default
in the event that:
a. In spite of proper notice of default, the Purchaser imputably fails in the fulfillment of any obligation resting on him;
b. the Purchaser is granted a moratorium (whether or not provisionally) or Customer is declared bankrupt, Customer submits a request for
application of a debt rescheduling scheme or if the Customer submits receivership or administration is placed;
c. attachment is levied on the Customer's goods in respect of
substantial debts and this attachment is longer than two months enforced;
d. The Customer ceases its business operations in whole or in part or otherwise
liquidates and/or its business activities without prior written
changes the permission of the Publisher substantially or transfers it to a third party. A.13.2 In the event of termination of the agreement, all Customer
payments due to Publisher immediately and in full
A.13.3 Due to the aforementioned termination of the agreement, the Publisher is never obliged to pay any compensation or payment towards the Buyer, without prejudice to the Publisher's right to full compensation for
breach by the Customer of its obligations as referred to above and
without prejudice to the Publisher's other rights in this regard.
A.14 Applicable law and disputes
A.14.1 Any agreement concluded by the Publisher with the Buyer shall only Dutch law applies to the exclusion of the Convention
of Vienna on international contracts of sale of movable property
business of April 11, 1980 (Vienna Sales Convention).
A.14.2 All disputes arising out of or in connection with a
Publisher's agreement concluded with the Buyer, will be exclusively
submitted to the competent court in the place of residence of the Publisher, insofar as legal provisions do not oppose this.
A.15.1 All notifications in the context of compliance with the intermediate The agreement(s) entered into by the Publisher and the Buyer and this general agreement conditions must be made in writing.
A.15.2 All costs incurred by the Publisher to maintain or exercise
rights vis-à-vis the Customer pursuant to the agreement concluded with the Customer agreement and/or these general terms and conditions, both in and out of court, shall be borne by the Customer.
A.15.3 Changes and/or additions of/to the . concluded with the Customer agreement and these general terms and conditions are only valid if and insofar as these have been recorded in writing (and not by email).
A.15.4 The Publisher is entitled to exercise his rights and/or obligations under the
Customer to transfer the agreement(s) concluded to subsidiary and/or group companies as referred to in Article 24a and 24b Book 2 of the Dutch Civil Code or dan to legal successors, by which transfer the Publisher from its obligations will be dismissed towards the Customer. The customer is obliged at the first request of Publisher all deemed necessary by Publisher for the intended transfer to cooperate.
A.15.5 It is the Customer without prior written (and not by email)
permission of the Publisher are not allowed, his rights and/or obligations to transfer to third parties under an agreement(s) concluded with the Publisher or encumber rights in favor of third parties with a limited right.
The publisher will not grant the permission referred to here on unreasonable grounds to remember.
B. ADVERTISING PLACES
B.1.1 The provisions stated in this section B are in addition to the general provisions (section A) of these general terms and conditions apply if
Publisher arranges for the placement of advertisements on behalf of the Customer. B.2 Regulations for the Advertising Industry (ROTA)
B.2.1 To all agreements between the Publisher and the Buyer with regard to advertisement placements (including all agreements with
advertisers and intermediaries) are in addition to this general
terms and conditions apply the latest applicable version of the Rules for the Advertising Industry, published by the Council of Order and Supervision for the Advertising Industry (ROTA), hereinafter: "the Rules".
B.2.2 In case of conflict between these general terms and conditions and the Rules Regel the Rules shall prevail.
B.3 Competitive Creative
B.3.1 The Publisher reserves the right to reject advertisements from the Customer refuse if there is competing information with regard to
the own products or services of Uitgeverij Den Hollander B.V. and her subsidiaries.
C. GENERAL TERMS AND CONDITIONS OF USE WEBSITE
When using this website, the following applies to the user:
C.1. All information on this website is protected by Copyright Act and/or Database Act, unless otherwise provided by law.
Information, products and/or services provided through this website may not be reproduced, stored in an automated
data file or made public in any form or by any means, either
electronically, mechanically, photocopying or otherwise without prior written permission from the publisher.
Insofar as making copies is permitted under Art. 16h t/m
16m Copyright Act 1912 jo. Decision of 27 November 2002, Stb. 575, one should to pay the statutory fee for this to the Foundation
Reproduction rights in Hoofddorp (PO Box 3060, 2130 KB).
C.2. This website treats any user-provided information confidentially data. Data that the user provides in the context of registration and/or orders or otherwise specified to the Publisher may be included in a registration of persons within the meaning of the applicable law. Insofar as the user finds that information about him is not correct, he will Notify the publisher accordingly.
C.3. Publisher, authors and/or editors of the information, products and/or services provided through this website.will be corrected for any errors or incompleteness therein or for the use that the user makes thereof or in no way liable for the (un)accessibility thereof
C.4. The Publisher's total liability for failure in the
delivery of any performance is - without prejudice to the foregoing - at all times limited to compensation for direct damage up to a maximum amount, equal to at the price stipulated for that performance.
C.5. Access to this website is provided on a strictly personal basis. A login name, password and/or other means of identification may only be
used by the natural person by whom they are for the first time
registered, and solely for its own use of this website. It is
user is not allowed of the information offered through this website, use products or services in a way that leads or may lead to
any form of - commercial or non-commercial - exploitation of that information, products or services or any part thereof by the user or a third party. C.6. For use of information, products offered via this website
and/or services, even if they are accessible free of charge, may include additional terms and conditions of the supplier.
D. INFORMATION VIA CONTENT INTEGRATOR (LI, Legal Order, etc.) For this part D, "Search Service" is the service provided by a third party service through which the information sources and other electronic products made available to the Buyer from the Publisher via the Internet.
1. If the Customer provides electronic products from the Publisher via a Search Service is delivered/made available, the Buyer hereby grants
permission to the Search Service to periodically update the number of unique users and specialists and for each search request the identification data of the Customer Publisher to grant access to this
electronic products and checking their lawful use
to make possible.
2. Publisher will treat this data confidentially and will not share them provide third parties, unless the Publisher is obliged to do so on the basis of a legal obligation or comparable obligation.
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