GENERAL TERMS & CONDITIONS – DELIVERY – MISSET UITGEVERIJ B.V.
A – GENERAL
ARTICLE 1. APPLICABILITY
1.1 These general terms and conditions for delivery (‘Terms and Conditions’) have been drawn up by Misset Uitgeverij B.V., registered in Amsterdam, with offices at Hanzestraat 1, 7006 RH, Doetinchem, the Netherlands and registered with the Chamber of Commerce in Amsterdam under number 72187468, VAT number: NL 859021166B01 (‘Misset Publishing’)
1.2 These Terms and Conditions apply to any agreement (‘Agreement’) concluded between Misset Publishing and a legal person (‘Customer’) including, among other things, a subscription agreement (‘Subscription’) for one of the (online) magazines published by Misset Publishing (‘Magazines’) or for the (online) purchase of a different product or service, such as online access (‘Product’). These Terms and Conditions also apply to all offers and quotations issued by Misset Publishing to the Customer and to (online) orders placed by the Customer with Misset Publishing (an ‘Order’).
1.3 By concluding an Agreement for a Subscription or placing an (online) Order for a Product, the Customer agrees to these Terms and Conditions. The provisions of these Terms and Conditions can only be deviated from in writing, with the exception of the provisions in Article 1.4.
1.4 Misset Publishing has the right to change these Terms and Conditions and offers for example on the basis of annual inflation correction/indexation. The amended Terms and Conditions will be published on the websites of Misset Publishing and will take effect 30 days after publication.
1.5 These Terms and Conditions will be sent free of charge upon request. This request may be addressed to firstname.lastname@example.org or by calling 0314 35 83 58. The Terms and Conditions have also been published on www.misset.com and on the individual websites of the various Magazines.
1.6 In case of any contradiction between the general section (A) of these Terms and Conditions and the content of section B, the content of section B prevails.
ARTICLE 2. LIABILITY AND FORCE MAJEURE
2.1 Misset Publishing is only liable for damage suffered by the Customer if this damage is attributable to Misset Publishing or if according to a statutory provision Misset Publishing is to be held liable for the damage. Misset Publishing is not liable for damage resulting from use by the Customer of any Product or Subscription delivered by Misset Publishing, unless Misset Publishing is liable in accordance with the provisions regarding product liability as referred to in Section 6: 185 et seq. of the Dutch Civil Code or if the damage is due to intent or gross negligence on the part of Misset Publishing.
2.2 Misset Publishing is not liable for damage that arose later than six (6) months after delivery of the Product or for damage that has not been reported to Misset Publishing in writing within 14 days after the damage occurred. If the damage occurs after these deadlines, then at the request of the Customer Misset Publishing will investigate what recourse the Customer might have against the supplier of the Product.
2.3 If it is established in law that Misset Publishing is liable for the damage caused, then this is limited to the actual loss suffered by the Customer and the direct damage paid out under the insurance of Misset Publishing. If no payment is made by the insurer, the liability of Misset Publishing is limited to a maximum of four times the invoice amount that has been charged to the Customer in connection with the relevant delivery or Order provided this has been paid in time, with a maximum liability of € 10,000 (ten thousand Euro). Misset Publishing is not liable for any damage as a result of failure to meet an agreed delivery term or for indirect, consequential, loss and/or damage of data, loss of profits, loss of turnover, missed savings, loss of goodwill, damage caused by business stagnation and damage as a result of claims from third parties.
2.4 All (editorial) information, on the Websites and in the (online) Magazines has been compiled with the utmost care and to the best of Misset Publishing’s knowledge, however neither Misset Publishing nor the authors can in anyway guarantee the correctness or completeness of this information. Misset Publishing and the authors therefore accept no liability whatsoever for damage, of whatever nature, which is the result of actions and or decisions based on the intended information.
2.5 Misset Publishing is not liable for any damage if this is caused by a shortcoming in its performance that is the result of force majeure. Force majeure is present if the shortcoming is the result of circumstances beyond the control of Misset Publishing which include, but are not limited to, war or similar situations, revolt, strike, occupation, illness of Misset Publishing personnel, shortcomings on the part of suppliers and/or transporters engaged by Misset Publishing, measures taken by the government, production bans, bad weather, fire and explosion.
2.6 The Terms and Conditions, the subscription prices and the Agreement entered into by the Customer with Misset Publishing are all subject to any printing and typing errors.
ARTICLE 3. INTELLECTUAL PROPERTY RIGHTS
The intellectual property rights, including copyrights, trademark rights, neighbouring rights, to all publications published by Misset Publishing and other informative products belong to Misset Publishing and/or its licensors. Nothing from those publications in Magazines, Websites or otherwise published by Misset Publishing may be reproduced by or with the cooperation of the Customer, stored in an automated database and/or made public in any way whatsoever, without the prior written consent of Misset Publishing.
ARTICLE 4. CONCLUSION AND EXECUTION OF AGREEMENTS
4.1 All offers made by Misset Publishing are without obligation and are made on the basis of availability.
4.2 The acceptance of an (online) Order by Misset Publishing is either made in writing (which is also understood in these Terms and Conditions to mean electronically) or by Misset Publishing commencing execution of an Order. Orders placed by the Customer with Misset Publishing are irrevocable in the sense that an Agreement is concluded by the mere acceptance by Misset Publishing of this Order.
4.3 An Order can be placed at any time by telephone, electronically or in writing. Misset Publishing is entitled to refuse an Order without giving reasons. Even after acceptance of an Order, Misset Publishing is entitled to cancel it without stating reasons. In such a case, Misset Publishing is not obliged to pay more than the refund of any amounts prepaid by Customer.
4.4 Any changes to an Order must be communicated to Misset Publishing quickly and in writing and will only be valid if they are explicitly accepted by Misset Publishing.
4.5 Misset Publishing has the right, if this is necessary or desirable, to have Orders executed in whole or in part by third parties.
4.6 The delivery times used by Misset Publishing are indicative and do not count as deadlines. In the event of late delivery, Misset Publishing must be given notice of the late delivery in writing before it can be held to be in default.
ARTICLE 5. QUESTIONS, COMPLAINTS AND ADDRESS CHANGE
5.1 Questions regarding a Subscription or regarding invoices relating to an Order or an Agreement, must be addressed to Misset Publishing for the attention of the Customer Services Department within eight days of receipt of the invoice. This department can be reached by telephone on 0314 35 83 58 or by email at email@example.com.
5.2 Complaints of whatever nature must be made as soon as possible but in any case, no later than 8 days after the occurrence giving rise to the complaint, or the receipt of the invoice, by contacting Misset Publishing as set out in Article 5.1. In the absence of such notification, any claim of the Customer in respect of defects in the Subscriptions, Services and/or Products shall lapse. Misset Publishing will address all complaints, responding in writing after two weeks.
5.3 Complaints, including with regard to the delivery of the relevant Magazine, do not give the Customer the right to suspend the payment of invoices in full or in part.
5.4 In the event of changes to the name and/or address details, the Customer must notify Misset Publishing in writing, clearly stating both the old and the new details, at least 14 days before the effective date of the change.
5.5 The Customer may return a Product to Misset Publishing within fourteen (14) days after delivery of the Product, with the exception of magazines and Products delivered on the basis of a Subscription. This right of return only applies if the received Product was not ordered by the Customer or if the Product received is damaged.
ARTICLE 6. PRICES AND PAYMENT TERMS
6.1 The prices used by Misset Publishing are exclusive sales tax and other government levies and exclusive administration, installation, transport and shipping costs, unless stated otherwise.
6.2 If a Customer places an Order via Misset Publishing’s website, payment must be made at the time the Order is placed in the manner stated on the website. For all other Orders, an invoice requesting payment will be sent.
6.3 Payment of an invoice must be made within fourteen (14) days of the date of the invoice, unless otherwise agreed in writing. Misset Publishing has the right to require advance payment, cash payment and/or security for payment from the Customer.
6.4 Periods for payment are to be regarded as deadlines. In the event of overdue payment, the Customer is automatically in default, without warning or notice of default, and is obliged to pay interest of 1% per month or part thereof on the outstanding amount. If the Customer fails to pay in full or on time even after a reminder, in addition to the interest referred to above, the Customer will also owe Misset Publishing extrajudicial costs, i.e. 15% with a minimum of EUR 150, excluding VAT, to be calculated on the principal amount plus interest.
6.5 The Customer is not authorized to suspend or set off payments due to (alleged) failure(s) on the part of Misset Publishing.
6.6 Misset Publishing may change prices. Unless otherwise agreed, a price change will take effect immediately.
ARTICLE 7. TRANSFER
Misset Publishing may transfer its rights and obligations under these Terms and Conditions or the Agreement concluded with the Customer to a business within its own group or to third parties in the context of a transfer of (part of) the business of Misset Publishing, or within the framework of a transfer of a Misset Publishing title, website, product or service, on the understanding that this business will comply with the Agreement concluded between Misset Publishing and Customer. Misset Publishing will inform the Customer of such a transfer as soon as possible. The Customer cannot transfer its rights and obligations under the Agreement with Misset Publishing to a third party other than with the prior written consent of Misset Publishing.
ARTICLE 8. PRIVACY
8.1 Misset Publishing respects the privacy of its Customers. Personal data from Customers is therefore handled and secured by Misset Publishing with the utmost care. The collection and processing of Customer’s personal data is subject to Misset Publishing’s privacy statement and cookie statement.
8.2 The Customer may view his/her personal data at any time and request that the data be amended, supplemented or deleted by sending an email to firstname.lastname@example.org or by sending a letter to Misset Uitgeverij B.V., marked for the attention of the Customer Service Department, PO Box 4, 7000 BA Doetinchem, the Netherlands.
ARTICLE 9. APPLICABLE LAW AND COMPETENT COURT
9.1 These Terms and Conditions and the Agreement concluded between the Customer and Misset Publishing are exclusively subject to Dutch law.
9.2 All disputes between Misset Publishing and the Customer will be brought exclusively before the competent court in Amsterdam.
B – SPECIFIC CONDITIONS FOR SUBSCRIPTIONS
In addition to the general provisions (see under A above), all Agreements, offers and/or quotes by Misset Publishing in relation to an (online) Order for a Subscription to an (online) Magazine published by Misset Publishing are subject to the terms and conditions for subscriptions as set out here in section B.
ARTICLE 10. REGARDING SUBSCRIPTIONS AND WELCOME GIFTS
10.1 A Subscription can be made by the Subscriber at any time by telephone, electronically or in writing. The creation of a Subscription is confirmed by Misset Publishing in writing (which is also understood in these Terms and Conditions to include electronically). The confirmation sets out the type of Subscription, the start and end date of the Subscription and the contact details for the Misset Publishing customer service department.
10.2 Misset Publishing has the right, without having to give any reason, not to accept a request from a Customer to enter into a Subscription. If a request is not accepted, Misset Publishing will inform the Subscriber in writing within 10 working days after receipt of the request.
10.3 Discount offers and welcome gifts are only possible if the new Subscriber has not had a Subscription to the Magazine in question during the previous 6 month period. If this is the case or there is the suspicion of abuse (including but not limited to excessive requests for Subscriptions), the right to a discount or welcome gift will expire and Misset Publishing has the right to reclaim the welcome gift or the discount.
10.4 Offers including a welcome gift only apply as long as stocks last.
10.5 In the unlikely event that a specific welcome gift is no longer in stock, Misset Publishing will offer an alternative in the form of a replacement welcome gift or a discount on the subscription tariff, at the discretion of the Subscriber. If a replacement welcome gift is offered and if a lower additional payment applies for the replacement welcome gift than for the original order, the Subscriber will be refunded the difference. If the replacement welcome gift has a higher additional payment than the original order, the difference will be charged to the Subscriber. If the Subscriber does not accept the replacement welcome gift, he/she will be granted up to one year in which to select a new welcome gift.
10.6 Misset Publishing makes every effort to send the welcome gift to the Subscriber within 6 weeks after receipt of the subscription fee. If delivery is not possible within this period, Misset Publishing will inform Subscriber accordingly.
10.7 Any defects or damage to the welcome gift must be reported by the Subscriber to Misset Publishing within two weeks of receipt via 0314 35 83 58 or by email to email@example.com. Misset Publishing is entitled not to respond to complaints received after this period has expired.
ARTICLE 11. DURATION AND TERMINATION OF THE SUBSCRIPTION
11.1 Unless otherwise agreed, a Subscription is entered into for a period of twelve (12) months. Unless otherwise agreed the start date for the subscription period will be the date given in the invoice.
11.2 After expiry of the period referred to in Article 11.1, the Subscription is automatically renewed for a further period of twelve (12) months unless the Customer has given written notice of his/her desire to terminate the Subscription at least one (1) month prior to the end of the current Subscription period.
ARTICLE 12. RATES, PRICE CHANGES AND PAYMENT
12.1 The rates and prices used by Misset Publishing apply exclusively to Subscriptions within the Netherlands and include shipping costs and VAT unless expressly stated otherwise.
12.2 Misset Publishing requires the subscription fee to be paid in advance on an annual basis, unless otherwise agreed.
12.3 In the event of overdue payment, whether this is due to a reversal of the debited amounts or to an insufficient balance in the nominated bank account, Misset Publishing has the right to charge reminder costs. If the payment for the Subscription is not received even after having received a reminder, Misset Publishing is entitled to terminate the Subscription unilaterally and with immediate effect, as well as to claim any compensation and overdue payments in accordance with Article 6.4 of these Terms and Conditions.
12.4 Misset Publishing reserves the right to change the subscription price during the term of the Subscription based on, among other things, annual inflation indexation, an increase in the price of raw materials or other unforeseen price increases. A change in the subscription price will be published no later than four weeks before it becomes effective in the colophon of the relevant Magazine.
12.5 Reversing an amount collected by Misset Publishing (automatically) does not release the Customer from his/her payment obligation.
ARTICLE 13. DELIVERY
13.1 From the agreed date of the first delivery of the Subscription, Misset Publishing will endeavor to ensure timely delivery during the term of the Agreement.
13.2 Misset Publishing is entitled to cease delivery of the agreed Subscription if due payment is not received (on time).
13.3 The Customer must report complaints about delivery as soon as possible but in any case, within 8 days to Misset Publishing marked for the attention of the Customer Service Department (see Article 5.1). Misset Publishing will then endeavor to deliver the relevant edition of the Magazine as soon as possible. No additional costs are charged for this delivery. Complaints regarding delivery do not entitle the Customer to suspend payment of the subscription fee either in full or in part.
13.4 Misset Publishing is not liable for any damage as a result of failure to deliver on time.
13.5 The Customer must notify Misset Publishing of any changes to the delivery or billing address as soon as possible and in any case at least four weeks in advance of the change taking effect. Inaccuracies in the address or the name of the Customer on the delivery materials must be reported to Misset Publishing as soon as possible.
ARTICLE 14. DISCONTINUATION AND CHANGES TO CONTENT AND LAYOUT OF THE MAGAZINE
14.1 Misset Publishing is at all times entitled to change the size, number of editions, content, appearance,timing and/or frequency and layout of its Magazines at its own discretion. Misset Publishing will ensure that after any such change the relevant Magazine remains qualitatively and quantitatively acceptable given the subscription tariff.
14.2 In the event of the discontinuation of a Magazine without it being replaced, a refund will be made of the already paid subscription fee for the remaining payment period as from the date of discontinuation of the Magazine. In the event of replacement of a Magazine by another publication or a change to the Magazine, as a result of which the edition differs materially from that promised by Misset Publishing under the Subscription, the Customer has the right to cancel the Subscription by giving Misset Publishing written notice within four (4) weeks of the announcement of the replacement, or within four (4) weeks after receipt of the first replacement or adapted Magazine, whichever is the earlier.
GENERAL TERMS & CONDITIONS – WEBSITE – MISSET UITGEVERIJ B.V.
Misset Publishing pays a lot of care and attention to the content and composition of its websites. Nevertheless, Misset Publishing cannot guarantee that all information on the websites is complete and/or correct and is in no way liable for any direct or indirect damage, of whatever nature, arising from or in any way related to the use and/or the (temporary) unavailability of the websites. Misset Publishing is also not liable for the content that is placed by users or third parties, including advertisers, on the websites or otherwise comes from third parties.
Misset Publishing cannot guarantee that the information on the websites is suitable for the purpose for which you are consulting it. All information is offered in the state in which it actually is and without any guarantee with regard to claims about its soundness, suitability for a specific purpose or otherwise. You are aware that a website may contain factually incorrect, abusive, indecent or unsavory content, and expressly accept that Misset Publishing is not liable in this respect.
The information on this site is continuously updated and/or amended. Changes can be made at any time with immediate effect and without any notification.
Links to other websites
Intellectual property rights
The copyrights and all other (intellectual property) rights relating to the trade names of Misset Publishing, the associated logos, the content produced by Misset Publishers (including text and images), the look & feel and the format of the websites is exclusively owned by Misset Publishing. Misset Publishing expressly reserves these rights.
This website and parts thereof may not be modified, forwarded, distributed, reproduced or published, except for personal use or with the permission of Misset Publishing.
Misset Publishing may remove information from the websites or make it (temporarily) inaccessible if there is a possible violation of the rights of third parties. Misset Publishing also has the right to adapt in any manner it sees fit, of if need be to remove, any text, image and/or sound material that has been sent to this website.
Use of the websites
When using the websites of Misset Publishing you must:
• act in accordance with all applicable legal provisions;
• comply with all applicable codes of conduct; and
• comply with any instructions that may be provided by us.
You must refrain from the following actions:
• use in a manner that is harmful to us or our affiliates, our customers, to other users of our internet services and websites, or to third parties;
• sending unwanted messages of a commercial nature (‘spam’) to any email addresses you have obtained via the Internet services and/or websites of Misset Publishing;
• altering, damaging, disabling, overloading, obstructing or preventing the use of the internet services and websites of Misset Publishing;
• threatening, insulting, discriminating against or hindering others;
• the supply of material or messages that are intentionally inaccurate, threatening, abusive, discriminatory, intimidating, unlawful, slanderous, vulgar, obscene, libelous, misleading or fraudulent, or that may be interpreted in such a way, or that contain explicit or graphic descriptions of sexual acts, or that infringe the privacy of others; and
• spreading viruses or documents containing other harmful components.
Information and material provided by you
If you provide information or other material to us, you agree to us using it. You guarantee thatthe information or material does not infringe the (intellectual property) rights of third parties or is otherwise unlawful.
Users can themselves place information on certain parts of the website. It is impossible for us to check this information beforehand and therefore we are not responsible or liable for it. We reserve the right to shorten, amend or delete this information at any time.
We respect the (intellectual) property rights of third parties, and ask the same from the users of the websites of Misset Publishing. If you believe that your rights are being violated, please provide us with the following information:
• your address, telephone number and email address;
• a description of the copyrighted work or any other right that you claim has been infringed;
• a description of the location where the allegedly infringing material was found;
• a statement by you that you believe, in good faith belief, that no permission has been given for the disputed use;
• a statement by you that the information you provide is correct and that you are authorised to act;
• your signature and a copy of your ID.
• You can send the information to: Misset Uitgeverij B.V. for the attention of the Customer Service Department, Hanzestraat 1, 7006 RH, Doetinchem, the Netherlands or by email: firstname.lastname@example.org
If, on the websites of Misset Publishing, you provide us with personal data such as your name and email address , our Privacy Statement applies. This can be found at: www.misset.com/privacy. We encourage you to read this privacy statement carefully before providing us with this information.
If you have a question or complaint about this website, please contact us via our customer service department: telephone number 0314-358358 or via email: email@example.com
Applicable law and competent court
© 2020 Misset Uitgeverij B.V.