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Terms and Conditions

Conditions

All sales through our website are in accordance with conditions of use of
internet sales.

Definitions

In these conditions, the definitions below refer to the following:

Publishing house Amsterdam University Press:
Publishing house Amsterdam University Press, established in Amsterdam (Nieuwe Prinsengracht 89, 1018 VR Amsterdam).

Internet location:
the location on the internet where publishing house Amsterdam University Press presents the consumer with the opportunity to place an order by means of electronic communication.

Purchaser:
the person who has entered into a contract with publishing house Amsterdam University Press via the internet location to purchase or more products.

Applicability

These electronic sales conditions are applicable to all sales offers placed by publishing house Amsterdam University Press on the internet location and also to all contracts entered into via the internet location between publishing house Amsterdam University Press and Purchaser with regard to supplying books or other products (hereafter to be called: the contract). Any general or other conditions employed by Purchaser - including purchasing conditions – are specifically rejected by publishing house Amsterdam University Press, and do not form a part of the contract.

Offer, order and establishment of contract

3.1. All offers from publishing house Amsterdam University Press are free of obligation. Publishing house Amsterdam University Press can withdraw an offer on the Internet location within four working days following receipt of an order by Purchaser, in which case no contract will be established.
3.2. The contract is entered into following an order by Purchaser via the internet location and written acceptance (per e-mail) of this order by publishing house Amsterdam University Press.
3.3. With regard to exchanges of communication and orders placed, deliveries and payments, publishing house Amsterdam University Press’ 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 publishing house Amsterdam University Press.

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 publishing house Amsterdam University Press or its suppliers in any other manner than via the internet location do not bind publishing house Amsterdam University Press for products ordered via the internet location, unless publishing house Amsterdam University Press and Purchaser have specifically set down a separate agreement (in writing) to that effect.
4.2. All prices and rates set down by publishing house Amsterdam University Press include BTW (= goods and services taxes) and exclude administrative or postage costs.
4.3. Publishing house Amsterdam University Press 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.

Invoicing and payment

5.1. In principle, invoicing by publishing house Amsterdam University Press occurs simultaneously with the delivery of the ordered goods.
5.2. A charge of Euro 1.60 is made for administration costs for a product sent on credit.
5.3. Payment by Purchaser should take place within 30 days of delivery and be paid into a bank or (Post Office) giro account indicated by publishing house Amsterdam University Press, unless (advance) payment has been made via credit card or otherwise.
5.4. Without specific written permission from publishing house Amsterdam University Press, Purchaser is not permitted to deduct any payment obligation towards publishing house Amsterdam University Press against a claim by Purchaser against publishing house Amsterdam University Press, in whatever context.
5.5. Publishing house Amsterdam University Press has the right to demand advance payment, automatic collection authorization, cash payment, or security for the payment by Purchaser at all times.
5.6. If the payment deadline has passed, Purchaser is considered to be in default without any necessity to serve notice in advance and publishing house Amsterdam University Press has the right to charge Purchaser the legal interest as of the payment deadline stated on the invoice. In such a case, publishing house Amsterdam University Press is also entitled to demand compensation from Purchaser for all de facto legal (including lawyers’ fees) and non-legal collection costs, of which the latter will be calculated according to the collection rates of the Nederlandse Orde van Advocaten (= Dutch Order of Lawyers).

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. Publishing house Amsterdam University Press strives to deliver the ordered products to Purchasers in the Netherlands within five 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 publishing house Amsterdam University Press, is explicitly a target deadline, and not an indisputable deadline.
6.3. Publishing house Amsterdam University Press is entitled to postpone the meeting of any obligations towards Purchaser as long as Purchaser has not yet met all his (payment) obligations towards publishing house Amsterdam University Press, for whichever reason.

Act of God

Publishing house Amsterdam University Press considers as an Act of God any shortcoming in the execution of the contract which cannot be blamed on publishing house Amsterdam University Press, or for which the company cannot be held accountable according to law, legal transactions or generally held opinions, or which is the result of the fact that a product ordered by Purchaser is temporarily not in stock at publishing house Amsterdam University Press or at its supplier.

Claims and complaints; return shipments

8.1. Purchaser must send written notification, containing a clear description of the complaints about the supplied products to publishing house Amsterdam University Press within one week of delivery of the shipment. Should such a notification not be forthcoming, any claim against publishing house Amsterdam University Press with regard to defects in the products and/or services supplied becomes invalid.
8.2. 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 publishing house Amsterdam University Press. 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, publishing house Amsterdam University Press will deliver an undamaged product, or, respectively, the product ordered by Purchaser as quickly as possible, as long as the publishing house considers the return of this return shipment to be valid.

Ownership qualifications

Publishing house Amsterdam University Press retains ownership of all (moveable) items supplied to Purchaser, until Purchaser has fully carried out all obligations towards publishing house Amsterdam University Press with regard to whichever contract for delivery of books or other products, also including obligations with regard to any failure in fulfilling such contracts.

Intellectual and industrial rights of ownership

Without previous written permission from publishing house Amsterdam University Press, Purchaser is not permitted (and this is valid, if needs be, as a supplement to the copyright or neighbouring rights belonging to publishing house Amsterdam University Press) to partially or totally copy any book or electronic product supplied to and/or placed at the disposal of Purchaser by publishing house Amsterdam University Press, 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 programme, unless specifically stated otherwise in these Sales Conditions.

Liability of publishing house Amsterdam University Press and indemnification

11.1. 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.
11.2. the total liability of publishing house Amsterdam University Press 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 (excluding BTW = goods and services taxes).
11.3. Publishing house Amsterdam University Press 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 11.2.

Termination of the contract

Publishing house Amsterdam University Press 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;
  • if Purchaser completely or partially terminates his business activities or liquidates them in any other fashion, and/or drastically alters his business activities, or transfers them to a third party, without previous written notification to publishing house Amsterdam University Press.

Applicability of law and disputes

13.1 Only Dutch law is applicable to any contract made by publishing house Amsterdam University Press with Purchaser.
13.2 All disputes stemming from or associated with obligations which are part of the contract entered into by publishing house Amsterdam University Press and Purchaser will be presented only to the competent judge in Amsterdam.

Various

Publishing house Amsterdam University Press is entitled to transfer its rights and/or obligations stemming from the contract(s) entered into with Purchaser to daughter and/or group companies as indicated in Article 24a and 24b Book 2 BW (Burgerlijk Wetboek = Civil Code), or to legal successors, by which transfer publishing house Amsterdam University Press will be acquitted of its obligations towards Purchaser. Purchaser is obliged to provide publishing house Amsterdam University Press, at first request, with any collaboration necessary for the above mentioned transfer.