Uitgeverij Komma General Terms and Conditions for purchase agreements entered into via the website
Article
1
Definitions
- Agreement: an agreement whereby the buyer electronically purchases one or more products via the seller's website
- Buyer: the natural person who does not act in the exercise of a business or profession who purchases one or more products from the Seller
- Grace period: the period within which the buyer can exercise its right of withdrawal;
- Right of withdrawal: the buyer's option to abandon the purchase agreement within the cooling-off period;
- Day: calendar day.
Article
2
Identity of the seller
The seller is: Flevodruk Ideeën B.V. trading under the name Uitgeverij Komma.
2e Schuytstraat 132
2517 XK Den Haag
Phone number: +31(0)6 462 665 18 (available during office hours)
E-mail: info@uitgeverijkomma.nl
Chamber of Commerce number: 08075748
Article
3
Applicability
- These General Terms and Conditions are applicable to every offer made by Uitgeverij Komma and to every contract entered into by Uitgeverij Komma and buyer.
- Upon concluding the contract, the text of these General Terms and Conditions will be provided to buyer electronically. Buyer can download the General Terms and Conditions from Uitgeverij Komma's website for future reference.
Article
4
The offer
- If an offer has a limited duration or if it is made under conditions, this will be explicitly stated in the offer.
- The offer via Uitgeverij Komma's website contains a description of the offered product. Images of products may differ slightly from the product itself. Dimensions, numbers of pages and suchlike of forthcoming publications are indicative only.
- Manifest errors or faults in the offer do not bind Uitgeverij Komma.
Article
5
The contract
- The contract is created by buyer's acceptance of the offer and fulfilment of the conditions set forth therein.
- Without delay, Uitgeverij Komma confirms to buyer via electronic means the receipt of acceptance of the offer.
- Uitgeverij Komma takes appropriate technical and organisational measures to secure the electronic transmission of data, and provides a safe web environment. Uitgeverij Komma observes appropriate safety measures regarding electronic payment by buyer.
- No later than upon delivery of the product, Uitgeverij Komma will inform buyer of the visiting address of Uitgeverij Komma's office where buyer can address his complaints, and the conditions under which and the manner in which buyer can make use of his right of withdrawal.
Article
6
Right of Withdrawal
Buyer can dissolve a contract during a 14-day cooling-off period without stating any reasons. Uitgeverij Komma is entitled to ask buyer for the reason of withdrawal, but cannot oblige him to state his reason(s).
The cooling-off period begins on the day after buyer has received the product. The right of withdrawal shall only apply to consumers.
Article
7
Obligations of the buyer during the cooling-off period
During the cooling-off period, the buyer will treat the product and its packaging with care. He may only unpack, handle and inspect the product as he would in a shop.
The buyer is liable for any reduction in value of the product resulting from any other handling of the product.
Article
8
Exercise of the right of withdrawal by the buyer and costs thereof
- If buyer makes use of his right of withdrawal, he shall unambiguously communicate this to Uitgeverij Komma within the cooling-off period.
- As soon as possible, but no later than within 14 days after notification, buyer sends back the product, or hands it over to Uitgeverij Komma. Buyer has - in any case -complied with the return period if he returns the product before the cooling-off period has expired.
- Buyer returns the product completely, if reasonably possible in original condition and packaging.
- The risk and the burden of proof of the correct and timely exercise of the right of withdrawal shall lie with the buyer.
- Buyer bears the costs of returning the product.
Article
9
Obligations of Uitgeverij Komma in case of revocation
- Uitgeverij Komma confirms receipt of buyer's notice of withdrawal electronically.
- Uitgeverij Komma will reimburse payments made by buyer, with the exception of any shipping costs charged by Uitgeverij Komma for the returned product, without delay but within 14 days following the day on which the product was received back.
- Uitgeverij Komma will use the same means of payment for reimbursement as buyer has used, unless buyer agrees to a different method. The reimbursement is free of charge for buyer.
Article
10
The price
- During the validity period mentioned in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.
- The prices mentioned in the offer include VAT.
Article
11
Delivery and implementation
- Uitgeverij Komma will take the greatest possible care when receiving and executing orders for products.
- The place of delivery is the address communicated by buyer to Uitgeverij Komma.
- Uitgeverij Komma will fulfil accepted orders with skilful haste, but at the latest within 30 days, unless a different delivery term has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled either in whole or in part, buyer will be informed thereof no later than 30 days after placing the order. In that case, the buyer has the right to dissolve the agreement without costs.
- After dissolution in accordance with the previous paragraph, Uitgeverij Komma will immediately repay the amount paid by buyer in advance.
- The risk of damage and/or loss of products rests with Uitgeverij Komma up to the moment of delivery to buyer, unless explicitly agreed otherwise.
Article
12
Payment
Insofar as not stated otherwise in Uitgeverij Komma's offer, the amounts owed by buyer should be paid immediately upon realisation of the contract.
Article
13
Complaints
- Complaints about the execution of the contract should be presented to Uitgeverij Komma in writing, completely and clearly described, within 14 days after delivery of the product, or at least within 14 days after buyer has noticed the defect.
- Complaints submitted to Uitgeverij Komma will be answered within a 14 day-term counting from the date of receipt. If a complaint requires a foreseeable longer processing time, Uitgeverij Komma will answer within a 14 day-term with a message of receipt and an indication when buyer can expect a substantive answer.
- Buyer should in any case allow Uitgeverij Komma four weeks to solve the complaint in mutual consultation. After this period, the dispute can be presented to the district judge.
Article
14
Applicable law
With regard to contracts between Uitgeverij Komma and buyer, only Dutch law is applicable.