General Terms & Conditions Misset:
- General Terms & Conditions of purchase
- Copyright notice
- General Terms & Conditions for the use of websites
- General Terms & Conditions delivery and webshops
- General Terms & Conditions advertising
- General Terms & Conditions promotions
- General Terms & Conditions visitors to events
- General Terms & Conditions exhibitors and sponsors of events
General terms and conditions of purchase, Misset Uitgeverij B.V.
1.1 These general terms and conditions of purchase (‘Purchase Conditions’) apply to all requests, offers, quotations, orders and agreements relating to the delivery of goods and services by a supplier (the ‘Seller’) to Misset Uitgeverij B.V., as well as its current and future group companies (hereinafter collectively the ‘Buyer’), whereby any general (sales) terms and conditions used by the Seller are explicitly rejected. Misset Uitgeverij B.V. is registered in Amsterdam, has offices at Hanzestraat 1, 7006 RH, Doetinchem, the Netherlands and is registered with the Chamber of Commerce in Amsterdam under number 72187468, VAT number: NL 859021166B01.
1.2 Changes and/or additions to the Purchase Conditions are only binding if they have been expressly agreed in writing and only apply to the specific order, quotation and/or agreement for which they have been agreed.
1.3 If for some reason both these and other terms and conditions are found to be applicable to any request, offer, quotation, order or agreement then if any specific conditions are found to be contradictory to the provisions herein then the provisions of these Purchase Conditions shall prevail.
1.4 If one or more provisions of these Purchase Conditions are null and void or no longer (legally) valid, this does not affect the validity of the other provisions of the Purchase Conditions.
1.5 The Buyer reserves the right to make changes to the Purchase Conditions.
- Orders and entering into an agreement
2.1 Orders from the Buyer are only binding if they have been provided by the Buyer in writing or by fax. The Buyer is at all times entitled to request the Seller change the scope and/or specifications of the order concerned.
2.2 Orders are only valid if they are placed by employees of the Buyer who have been expressly authorised to do this as evidenced by registration with the Chamber of Commerce or by written proxy. The same applies to the making of agreements binding on the Buyer.
2.3 Any acceptance that deviates from the Buyer’s order or from these Purchase Conditions will constitute a rejection of the Buyer’s offer however minor that deviation may be. The sole reference of the Seller to its general terms and conditions shall not, without prejudice to Article 1.2, constitute a deviation in the sense referred to here.
2.4 At the request of the Buyer, the Seller is obliged to submit a sample, proof or working drawing to the Buyer for approval prior to production. The Seller is obliged to make any desired change(s) to the order if reasonably possible. Any change in price and/or delivery time that results from such change(s) shall be agreed between the parties in writing.
2.5 The Seller shall not transfer its rights and/or obligations under the agreement with the Buyer to third parties or outsource it to third parties without the prior written consent of the Buyer. If the Buyer gives such consent, these Purchase Conditions can be invoked against this third party.
- Price and payment
3.1 The Seller will state the Buyer’s order number on the invoice and will send the invoice to the address indicated in the order.
3.2 The purchase price includes the price of the goods, packaging, transport, insurance, import duties and delivery. The price stated in the order cannot be changed after the agreement has been entered into.
3.3 The Buyer is entitled to set off any amount payable by the Seller to the Buyer, whether or not as a result of the relevant agreement, with the purchase price due to be paid by the Buyer.
3.4 Without prejudice to the provisions in paragraph 3, the Buyer shall settle all invoices within 30 days after receipt of the invoice, provided it is sent by the Seller after proper delivery of the goods, unless the Buyer makes an appeal to the provisions of Article 8.
- Delivery, transfer of ownership and risk
4.1 Delivery shall take place free of charge and including rights at the agreed address and the agreed time. Transport risks are to be borne by the Seller.
4.2 The ownership and risk of the goods pass to the Buyer after they have been delivered, and if necessary installed and approved.
4.3 The delivery period stipulated in the order, which starts on the day the agreement is entered into, is critical; if the delivery period is exceeded the Buyer can terminate the agreement with immediate effect in accordance with Article 8.
4.4 The Seller shall immediately inform the Buyer if it has reason to believe delivery will not take place within the agreed delivery period.
4.5 The Buyer has the right to only accept delivery after the agreed delivery period at a discount to the purchase price to be determined by the Buyer, or if compensation is paid for the damage suffered as a result of late delivery.
4.6 Deliveries that deviate from the quantities and specifications indicated in the order as well as deliveries made before the agreed delivery date may be refused by the Buyer and returned at the expense and risk of the Seller.
5.1 The Buyer is authorised to inspect the goods before delivery (or have them inspected). The Seller is obliged to enable the Buyer to do so.
5.2 Without prejudice to Articles 3 and 4, if the Buyer declares that the goods to be delivered are not in accordance with the provisions of Article 6.1, the Seller is obliged to take all measures necessary to ensure that the goods do comply.
6.1 The Seller warrants that the delivered goods are free of defects and in all their parts are in accordance with the order and/or the samples, proofs and/or drawings and/or specifications made available or approved by the Buyer as well as with applicable government regulations.
6.2 The Seller warrants that the delivered goods and/or parts thereof do not infringe the intellectual and/or industrial and/or other rights of third parties.
6.3 If the goods are not in accordance with the provisions in paragraph 1 and/or 2, the Buyer may either claim repair or replacement within a period set by the Buyer or – in urgent cases – repair or replace the goods itself, or arrange for them to be repaired or replaced at the expense of the Seller, and receive either a refund or a discount on the purchase price that corresponds to the nature and seriousness of the defect, or dissolve the agreement in accordance with Article 8, without prejudice to the Buyer’s right to claim full compensation.
6.4 Payment by the Buyer does not mean that the Buyer waives its rights as set out in this article.
6.5 The Buyer can return rejected goods at the expense and risk of the Seller.
7.1 The Seller indemnifies the Buyer against all damages on any grounds whatsoever, including claims by third parties, caused by or in connection with (defects in) the delivered goods – even if the Buyer presents itself as a manufacturer or supplier – or because the delivered goods violate (exclusive) rights of third parties, and/or those caused by non (timely) delivery. The Seller is obliged to take out adequate insurance and to make the insurance policy available to the Buyer for inspection at the Buyer’s first request.
7.2 The aforementioned indemnification does not apply insofar as the damage is caused by (defects in) goods delivered by the Buyer.
- Dissolution and compensation
8.1 The Buyer can fully or partially dissolve the agreement with immediate effect by means of a registered letter to the Seller, or suspend its obligations under the agreement,
a If the bankruptcy or suspension of payment of the Seller is requested or pronounced, or if the Seller loses the power to dispose of a substantial part of its assets due to an order of attachment, guardianship of assets or otherwise;
b in the event of full or partial default in the performance by the Seller of its obligations towards the Buyer. Insofar as the Seller is not immediately in default, the Buyer can only dissolve the agreement after the Seller has been given a reasonable period for performance but fails to rectify the default within this period.
8.2 In the event of dissolution of the purchase agreement, the Seller will compensate the Buyer for any delays, as well as all other damage which the Buyer suffers as a result of the dissolution, including the costs of dissolution of the agreement.
8.3 If dissolution takes place all claims which the Buyer has against the Seller will become immediately due and payable.
8.4 The Buyer is entitled to set off existing claims against the Seller with any amounts owed to the Seller.
- (Intellectual) property rights
9.1 All samples, proofs, models, specifications, markings, drawings, designs and other tools or parts that have been made available by the Buyer to the Seller, or that have been financed by the Buyer, as well as the (exclusive) rights with relation to the goods manufactured for the Buyer are the property of the Buyer or, if necessary, will be transferred to the Buyer at the Buyer’s first request.
9.2 The Seller shall return or deliver the goods referred to in paragraph 1 to the Buyer in good condition at the Buyer’s first request.
9.3 If any of the Buyer’s brands, trade names and/or other marks referencing the Buyer have been affixed to the goods which have been, or are to be, delivered by the Seller, the Seller shall never be entitled to deliver such items to third parties, other than with the Buyer’s prior written consent.
9.5 The Seller shall insure the goods belonging to the Buyer at their new value.
- Personal data
10.1 All name and address details or other personal data in whatever form which are provided by the Buyer to the Seller, remain the property of the Buyer. The Seller will not make this information available to any third party. The Seller will take sufficient measures to protect these data against loss, theft or infringement by third parties. These measures will guarantee an appropriate level of security. The Seller shall return this information to the Buyer or have it deleted after these data are no longer necessary for the execution of the agreement between the parties.
10.2 The Seller’s personal data will be stored by the Buyer in a customer data file. This file is handled with the utmost care and is secured. Misset Uitgeverij B.V. is responsible for the processing of the customer data that is collected at the conclusion of an agreement with the Buyer or when the Buyer is placing an order for the purposes of implementing the agreement and so that the Buyer can maintain proper records of all suppliers.
10.3 The Seller has been informed of and agrees to the collection and processing of personal data and the use that can be made thereof by the Buyer as referred to in Article 10.2 and the Seller agrees to the privacy statement published on, for example, misset.co/privacy.
10.4 The Seller can view its personal data at any time and request that it be amended, supplemented or deleted by sending an email to firstname.lastname@example.org or by sending a letter to Misset Uitgeverij B.V., for the attention of the Customer Service Department (Privacy), PO Box 4, 7000 BA Doetinchem, the Netherlands.
11.1 The Seller is obliged to keep secret all data and information provided by the Buyer in connection with any order, including the goods referred to in Article 9.1 as well as the goods to be manufactured, the knowledge underlying the goods and the operations of the Buyer.
11.2 The Seller shall not use the goods and/or information referred to in paragraph 1 for any purpose other than that for which they were made available or make them available to third parties.
- Applicable law: competent court
12.1 Dutch law applies to all agreements between the Seller and the Buyer. The applicability of the Vienna Sales Convention is explicitly excluded.
12.2 All disputes ensuing from and/or related to orders and/or agreements to which these Purchase Conditions apply will be submitted exclusively to the competent court in Amsterdam.
Misset Uitgeverij B.V., Doetinchem 1 January 2019
COPYRIGHT NOTICE MISSET UITGEVERIJ B.V.
The copyrights and all other (intellectual property) rights relating to the name Misset Uitgeverij, the associated logos, the content produced by Misset Uitgeverij (including text and images), the look and feel and the format of this website is exclusively owned by Misset Uitgeverij. Misset Uitgeverij 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 Uitgeverij.
Misset Uitgeverij may remove information from this website or make it (temporarily) inaccessible if there is a possible violation of the rights of third parties. Misset Uitgeverij also has the right to adapt in any manner it sees fit, or if need be to remove, any text, image and/or sound material that has been sent to this website.
GENERAL TERMS AND CONDITIONS FOR USE OF THE WEBSITES OF MISSET PUBLISHING
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 that the 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: email@example.com
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: firstname.lastname@example.org
Applicable law and competent court
DELIVERY AND WEBSHOP MISSET UITGEVERIJ B.V.
A – GENERAL
ARTICLE 1. APPLICABILITY
1.1 These general terms and conditions for delivery and webshop (‘Terms and Conditions’) have been drawn up by Misset Publishing 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 all agreements concluded between Misset Publishing and a natural person (‘Customer’ or ‘Subscriber’) 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 product (welcome gifts etc.)(‘Product’)(‘Agreement’). 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 If the Customer is younger than 16 years of age, he/she is deemed to have permission from a guardian/parent.
1.6 A copy of these Terms and Conditions will be provided free of charge on request. This request can be addressed to email@example.com or by telephone via 0314 35 83 58. The Terms and Conditions have also been published on www.misset.com and on the individual websites of the Magazines published by Misset Publishing.
1.7 In case of any contradiction between the general section (A) of these Terms and Conditions and the content of the sections B and C, the content of sections B and C 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 firstname.lastname@example.org.
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. 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.
ARTICLE 6. 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 7. PRIVACY
7.1 Misset Publishing respects the privacy of its Customers. Personal data from Customers is therefore handled and secured by Misset Publishing with the utmost care. Misset Publishing complies with the Dutch Personal Data Protection Act and has reported the processing of personal data to the Dutch Data Protection Authority in The Hague.
7.2 Misset Publishing is responsible for the processing of the personal data from Customers that is collected at the conclusion of an Agreement or when he/she places an Order in order to enable it to implement the Agreement between Misset Publishing and the Customer, to keep an administration of all Customers, and to be able to group Customers together on the basis of age, gender and interests, or to build up a profile of the individual Customer, on the basis of which Misset Publishing can adapt its Products, services and offers to the needs of the Customer, and to enable Misset Publishing to make relevant offers to Customers.
7.3 The Customer has been informed of and agrees to the collection and processing of personal data and the use that can be made thereof by Misset Publishing as referred to in Article 7.2 and the Customer agrees to the Privacy statement published on, among others, the website www.misset.com/privacy
7.4 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 email@example.com or by sending a letter to Misset Publishing B.V., marked for the attention of the Customer Service Department, PO Box 4, 7000 BA Doetinchem, the Netherlands.
ARTICLE 8. APPLICABLE LAW AND COMPETENT COURT
Dutch law applies to these Terms and Conditions and the Agreement concluded between the Customer and Misset Publishing. All disputes relating to the Terms and Conditions and the Agreement will be brought before the competent court in Amsterdam, with the exception of disputes that fall under the competence of the Sub-district Court.
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 9. REGARDING SUBSCRIPTIONS AND WELCOME GIFTS
9.1 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.
9.2 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.
9.3 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.
9.4 Offers including a welcome gift only apply as long as stocks last.
9.5 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.
9.6 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.
9.7 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 firstname.lastname@example.org. Misset Publishing is entitled not to respond to complaints received after this period has expired.
ARTICLE 10. DURATION AND TERMINATION OF THE SUBSCRIPTION
10.1 A Subscription is entered into for the specified period or for a certain number of editions. A Subscription will then be automatically extended – unless otherwise specified in this article – unless otherwise stated in the offer. Within the first subscription period, the Subscription can only be terminated at the end of the agreed subscription term, whereby the Subscriber must notify Misset Publishing of his/her wish to cancel at least one (1) month prior to the publication of the first issue of the new term. This can be done by telephone on 0314 35 83 58, by letter to Misset Publishing’s office address or by email to email@example.com. Information about the term of the Subscription can be requested from the Misset Publishing Customer Service Department which can be reached on the aforementioned telephone number and email address.
10.2 On automatic renewal, the Subscription is converted into a Subscription for an indefinite period. Termination of the Subscription after automatic renewal may be done on the giving of one (1) month’s notice unless the relevant title appears 11 times or less per year, in which case the Subscriber must observe a notice period of three months. Notice must be given in the manner indicated in Article 10.1.
10.3 If a Subscription is entered into for a fixed term of more than 12 months and the Subscriber receives a welcome gift for entering into the Subscription for a period of more than 12 months then Misset Publishing may refuse early termination of the Subscription.
10.4 A so-called gift-Subscription for the benefit of a third party is entered into for a definite period and will not be renewed automatically.
10.5 In the unlikely event of the death of a Subscriber, the Subscription ends at the time when the death of this person is communicated to Misset Publishing. In that case, a part of the subscription fee may be refunded for the unexpired subscription period, provided that it concerns an amount of more than € 10.00 (ten euros).
ARTICLE 11. RATES, PRICE CHANGES AND PAYMENT
11.1 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.
11.2 Payment of the subscription fee must take place prior to a period which will be agreed with the Subscriber in the manner the Subscriber has agreed to when entering into the Subscription (eg direct debit or iDeal). The payment terms that apply to renewal of the Subscription can be found in the colophon or the service page of the Magazine and will be charged by giro collection unless a direct debit has been agreed. The subscription prices for the renewal are also mentioned in the colophon or on the service page of the Magazine.
11.3 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. Misset Publishing then has the right to transfer the claim to a collection agency.
11.4 Upon termination of the Subscription after the first subscription period, the Subscriber is entitled to a refund of the difference between the final amount due for the Subscription received and the amount already paid.
11.5 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. If the change concerns an increase and this increase takes place within three months after the start of the relevant Subscription, the Subscriber has the right to terminate the Subscription with due observance of a notice period of one month and in the manner as stated in Article 10.1 above.
11.6 Reversing an amount collected by Misset Publishing (automatically) does not release the Subscriber from his payment obligation.
ARTICLE 12. DELIVERY
12.1 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.
12.2 Misset Publishing is entitled to cease delivery of the agreed Subscription if due payment is not received (on time).
12.3 The Subscriber 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 10.1). 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 Subscriber to suspend payment of the subscription fee either in full or in part.
12.4 Misset Publishing is not liable for any damage as a result of failure to deliver on time.
12.5 The Subscriber 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 addressing or the naming of the Subscriber on the delivery must be reported to Misset Publishing as soon as possible.
ARTICLE 13. DISCONTINUATION AND CHANGES TO CONTENT AND LAYOUT OF THE MAGAZINE
13.1 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.
13.2 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 Subscriber 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.
C – SPECIFIC WEBSHOP TERMS AND CONDITIONS
The provisions set out in this section C are in addition to the provisions in section A above, and if applicable, section B, and apply to every Agreement between a Customer/Subscriber and Misset Publishing and/or an Order by a Customer/Subscriber placed via a webshop operated by Misset Publishing on which Subscriptions and other (digital) Products are sold (hereafter: ‘Webshop’).
ARTICLE 14. WARRANTY
14.1 Misset Publishing guarantees that the ordered Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the relevant legal provisions and/or government regulations applicable on the date of the conclusion of the Agreement.
14.2 The images of the Products offered online will be as accurate as possible. However, Misset Publishing cannot guarantee that the colours shown on the images of these Products are exactly the true colours of the Products to be delivered.
ARTICLE 15. PAYMENT AND INVOICING
15.1 For Products other than subscriptions concluded online (see Article 11), payment must be made in a manner that the Customer has accepted when entering into the (online) Agreement (eg direct debit or iDeal).
15.2 The rates and prices used by Misset Publishing are exclusive of shipping costs and VAT unless explicitly stated otherwise. Misset Publishing reserves the right to change the prices and rates. Changed prices and rates apply from the moment they are introduced and do not apply to any Order that has already been placed.
ARTICLE 16. DELIVERY AND EXECUTION
16.1 Misset Publishing will take the utmost care in the execution of the Orders. Misset Publishing uses carefully selected logistics service providers to deliver the Orders. They will send the Order to the address provided by the Customer to Misset Publishing.
16.2 The risk of damage and/or loss of ordered Products rests with Misset Publishing until the moment of delivery to the Customer, unless expressly agreed otherwise.
16.3 Misset Publishing will execute the accepted Order within 30 days at the latest, unless otherwise agreed. If the delivery is unexpectedly delayed, or if an Order cannot or can only partially be executed, the Customer will receive a notification no later than 15 days after the Order is placed. In that case, the Customer has the right to terminate the Agreement at no cost and Misset Publishing will refund the amount that the Customer has paid as soon as possible.
ARTICLE 17. COOLING-OFF PERIOD AND WITHDRAWAL
17.1 The Customer has to the right to withdraw from an Agreement for the online purchase of a Product or Subscription, without having to give any reason, provided he/she does so within a 14 day cooling-off period. This 14 day period commences on the day following receipt of the relevant Product by the Customer or:
a. if the Customer has ordered several Products in the same Order, the day on which the Customer or a third party designated by the Customer, who is not the transporter, has received the last Product;
b. if the delivery of a Product consists of several shipments or parts, the day on which the Customer or a third party designated by the Customer, who is not the transporter, has received the last shipment or the last part;
c. for an Agreement for the regular delivery of Products, such as a Subscription for a certain period, the day on which the Customer or a third party designated by the Customer, who is not the transporter, has received the first delivery of the Product;
d. for online Subscriptions for digital publications, at the time of the creation of the Subscription.
17.2 The Customer must handle the Product, the packaging, labels and coding carefully during the cooling-off period referred to in Article 17.1. The Customer may only unpack or use the Product to the extent that this is necessary to assess whether he/she wishes to keep the Product. If the Customer makes use of his/her right to withdraw, he/she will return the Product with all delivered accessories and in the original condition and packaging to Misset Publishing in accordance with the instructions provided by Misset Publishing.
17.3 If the Customer wishes to exercise the right of withdrawal, the Customer will notify Misset Publishing of this within the cooling-off period of 14 days by means of the model withdrawal form (to be requested from firstname.lastname@example.org) or in an alternative unambiguous manner.
17.4 As soon as possible, but within 14 days from the day following the notification referred to in Article 17.3, the Customer will return the Product purchased online to Misset Publishing or hand it over to (an authorised representative of) Misset Publishing. The Product must be returned with all accessories supplied, if it is reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by Misset Publishing. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer. In any case, the Customer has complied with the term allowed for returns if he returns the Product before the cooling-off period has expired.
17.5 If the right of withdrawal as referred to in this article is exercised, the costs of returning the goods will be borne by the Customer.
17.6 Misset Publishing will proceed to return the purchase price plus the shipping costs within 14 days after the Product ordered online has been returned within the statutory period mentioned in this article. The amount will be refunded to the account from which the Customer paid for the purchase. If the Customer does not return part of the Order no shipping costs will be reimbursed.
17.6 The right of withdrawal as referred to in this article does not apply to the delivery of Magazines (with the exception of Subscriptions) and furthermore not to Products:
a. that have been created by Misset Publishing in accordance with the Customer’s specifications;
b. which are clearly personal in nature;
c. which cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which Misset Publishing has no influence;
g. such as audio and video recordings and computer software from which the Customer has broken the seal.
h. for E-books, apps or other digital Products (hereinafter collectively: ‘Digital Products’).
17.7 Misset Publishing has the right to ask the Customer about the reason for withdrawal. The Customer may answer this question, but is not obliged to do so.
ARTICLE 18. COMPLAINTS CONCERNING PURCHASES MADE THROUGH THE MISSET PUBLISHING WEBSHOP
18.1 Complaints in connection with Orders placed via the Misset Publishing Webshop must be made as soon as possible but in any case no later than 8 days after the occurrence giving rise to the complaint to the Misset Publishing Customer Service Department (see Article 10.1). Misset Publishing will respond to all complaints in writing within two weeks at the latest.
18.2 In the unlikely event that a dispute concerning an Order or purchase via the Misset Publishing Website cannot be amicably resolved between Misset Publishing and the Customer, the Customer has the right to submit a complaint via one of the dispute committees of the ODR (Online Dispute Resolution). A decision by the disputes committee is binding and Misset Publishing and the Customer must comply with this.
ARTICLE 19. ORDERED DIGITAL PRODUCTS
19.1 For Digital Products purchased via the Webshop such as E-Magazines, apps etc. the same right of withdrawal and cancellation applies as mentioned above in Article 17 with the exception of Digital Products that have already been downloaded by the Customer after the purchase via the website. By downloading the Digital Product the Customer expressly agrees that Misset Publishing has given the Customer permission to access the Digital Product and that the Customer hereby waives the right to exercise his/her option to withdraw or cancel the purchase.
19.2 The (intellectual property) rights to the Digital Products offered by Misset Publishing belong to Misset Publishing or its licensor. The Customer will only receive a personal, non-exclusive and non-transferable right to use the Digital Product.
19.3 Misset Publishing has the right to take technical measures to protect its (intellectual property) rights in Digital Products. The Customer is not permitted to remove or circumvent the security Misset Publishing or its licensor have used to protect the Digital Products. Additionally, the Customer is not permitted to copy, alter, lend or in any other way make the Digital Products available to third parties, or treat them in any other way which exceeds the licence granted as described in Article 19.2 above.
© 2019 Misset Uitgeverij B.V.
GENERAL TERMS AND CONDITIONS FOR ADVERTISING MISSET UITGEVERIJ B.V.
A – GENERAL
ARTICLE 1. DEFINITIONS
In these terms and conditions for advertising, the following terms have the following meanings:
Advertisement: an advertisement or other commercial expression for the benefit of the Advertiser.
Advertiser: any natural or legal person who purchases Advertising Space from Misset Publishing either directly or through a broker or by proxy given to a third party (such as a Media Agency). If the Advertiser makes use of a Media Agency, the term ‘Advertiser’ shall also be taken to mean the Media Agency.
Advertising Agreement: every agreement between the Advertiser and Misset Publishing such as an Advertising Order and including the Terms and Conditions, that relates to the delivery of Services. An Advertising Agreement may also consist of a confirmation sent by Misset Publishing to the Advertiser of the agreements made by letter or email. Advertising Material: material that is used in an Advertisement.
Advertising Order: an order to place one or more Advertisements, whether or not covered by an Advertising Agreement.
Advertising Rate: the current rate for the various Services as published in the Misset Publishing rate card. The most recent rate card is published on www.misset.com
Advertising Space: the space, expressed in units that are common to the relevant Medium (such as pages/page parts, number of pixels, number of impressions), which for the placement of one or more Advertisements must be allocated by Misset Publishing on the basis of the Advertising Agreement.
Closing Date: the final date on which Misset Publishing will accept assignments from the Advertiser for the delivery of certain Services.
Media Agency: a legal entity that, under the mandate of the Advertiser in its own name or in the name of the Advertiser, enters into an Advertising Agreement with Misset Publishing, and as such accepts the applicability of these Terms and Conditions for itself.
Medium/Media: a Misset Publishing publication and the accompanying publishing products such as an online edition of a magazine, application, email newsletter, Plus Proposition, special or a website operated by Misset Publishing, which Misset Publishing uses to make the Advertisement known to the public.
Misset Publishing: Misset Uitgeverij B.V., registered in Doetinchem, and with offices at Hanzestraat 1, 7006 RH, Doetinchem, the Netherlands, registered with the Chamber of Commerce under number 72187468, VAT number: NL 859021166B01
Parties: the Advertiser and Misset Publishing, jointly.
Plus Proposition: an addition to an Advertisement or to a Medium such as an insert.
Services: the (digital) services to be provided by Misset Publishing to the Advertiser for which the Advertiser has given an assignment to Misset Publishing either directly or through a Media Agency. The (digital) Services include but are not limited to: the reproduction and/or publication of an Advertisement or other promotional expression in the Medium published by Misset Publishing, or a medium in which Misset Publishing is entitled to provide the relevant Services, which shall be understood to include the placing of links to other websites or other medium on a Website, offering the possibility of sponsoring or participating in (a part of) a Website, developing sponsor and advertising campaigns, generating visits to certain websites or other Medium.
Terms and Conditions: these General Terms and Conditions for Advertising.
Website: the entirety of web pages, mobile website, application, or other digital Medium owned by Misset Publishing.
ARTICLE 2. GENERAL AND APPLICABILITY
2.1 These Terms and Conditions and the Dutch Advertising Code apply to all Advertising Agreements concluded between the Advertiser and Misset Publishing, orally or in writing. In the event of inconsistencies, the Advertising Agreement prevails over these Terms and Conditions and over any other conditions declared applicable. These Terms and Conditions form part of the Advertising Agreement. The content of Misset Publishing’s most recent rate cards also apply to all Advertising Agreements, as well as any conditions (e.g. the colophon) included in the relevant Medium.
2.2 General purchase terms and conditions or any other terms and conditions used by the Advertiser are expressly declared inapplicable. These Terms and Conditions can only be deviated from by means of a written agreement between the Parties. In that case, in addition to the agreed deviation, the other provisions of these Terms and Conditions remain in full force.
2.3 Misset Publishing has the right to amend these Terms and Conditions unilaterally. Misset Publishing will inform the Advertiser in advance in writing about substantial changes to the Terms and Conditions. Any changes to the Terms and Conditions also apply to existing Advertising Agreements. By placing a new order for an Advertisement (including repeat placements) or purchasing another Service after changes have been made to the Terms and Conditions, the Advertiser shall be deemed to have accepted these changes.
2.4 Misset Publishing is obliged to execute the Advertising Agreement to the best of its ability. The Advertiser accepts the Services with due observance of the provisions of the Advertising Agreement and the Advertising Code referred to in Article 2.1.
2.5 These Terms and Conditions will be sent on request (email@example.com or via 0314 35 83 58) and are also published on www.misset.com/conditions.
ARTICLE 3. ESTABLISHMENT, GENERAL PROVISIONS AND DURATION OF THE ADVERTISING AGREEMENT
3.1 The Advertising Agreement is only concluded after written confirmation by Misset Publishing to the Advertiser or by placement of the Advertisement. An Advertising Agreement may also consist of a confirmation sent by Misset Publishing to the Advertiser of the agreements reached by letter or email.
3.2 Misset Publishing is entitled at all times to refuse a request to enter into an Advertising Agreement.
3.3 The opportunity to purchase Services that relate to special positions in a particular Medium is limited and may differ per magazine title and per edition. Partly in connection with this, Misset Publishing expressly reserves all rights to accept (or reject) Advertisements from the Advertiser placed in special positions as stated on the rate card. Any other of the Advertiser’s wishes will be taken into account if at all possible however such a wish can never be accepted as a condition of an Advertising Order.
3.5 Unless otherwise agreed, the prices and other conditions set out in the offer, quotation or Advertising Agreement do not apply to a repeat placement of the Advertisement, to placements of a new Advertisement or to changes to an Advertising Agreement.
3.6 If a Media Agency or another third party acts directly or indirectly on behalf of the Advertiser such party shall act on behalf of the Advertiser in complying with the Advertising Agreement.
3.7 Misset Publishing is at all times entitled to change the size, the number of editions, content, appearance, timing and/or frequency and layout of the Medium at its own discretion, whereby Misset Publishing will ensure that the relevant Medium remains qualitatively and quantitatively equivalent after any such change. Misset Publishing is also entitled for any reason to discontinue any Medium issued by it at any time. In that case it is not obliged to execute any delivery of Services. Misset Publishing is then entitled to terminate the Advertising Agreement without being obliged to compensate the Advertiser for any form of damage. However, the Advertiser will then be entitled to a refund of advertising fees in respect of the Advertisements that have not yet been placed at that time.
3.8 An Advertising Agreement only applies to Advertising Orders for the benefit of the Advertiser itself or, if the Advertiser is a Media Agency, for the benefit of the Advertiser for which the agreement has been entered into.
3.9 Advertising Agreements that are settled on the basis of the costs per thousand impressions (‘CPM’) and where the agreed number of impressions is not achieved within the agreed period will be either cancelled or extended in consultation with the Advertiser as explained below – only if and insofar as the failure to achieve the agreed number of impressions is the result of a reduction in the range of the relevant Medium:
i . Cancelled, in which case only the achieved CPM must be paid for and the relevant Advertisement will be deleted;
ii. Extended until the moment the number of agreed CPM is reached, which may be achieved by placing the Advertisement in one or more alternative Media.
3.10 If the Advertiser has not used the entire agreed Advertising Space after expiry of the term, the remaining Advertising Space will be cancelled and the Advertiser cannot claim a refund in money, in Advertising Space or in any way whatsoever. Unless otherwise agreed, and at the discretion of Misset Publishing, the Advertiser will still be obliged to pay for the unused Advertising Space, or to pay the rate (including the corresponding discount percentage) that applies to the Advertising Space which has been taken up.
3.11 At the Advertiser’s request, the Advertising Space may be increased during the term of the Advertising Agreement. In that case the Parties shall agree on the rate applicable to that increase. This rate has no retrospective effect on existing Advertising Orders but only applies to Advertisements/Advertising Orders to be placed afterwards.
3.12 An Advertising Agreement or, as the case may be, an Advertising Order, must be entered into prior to the first placement. Unless otherwise agreed with Misset Publishing, it is not possible to subsequently convert individual Advertising Orders into an Advertising Agreement.
3.13 An Advertising Agreement is entered into for the period agreed in the Advertising Agreement and is deemed to have ended automatically after the entire Advertising Space has been used or the agreed term has expired. Intermediate termination is not possible. If no specific period is stated in the Advertising Agreement, the agreement is deemed to have been entered into for a period of twelve months.
ARTICLE 4. DELIVERY OF ADVERTISING MATERIAL AND PLACEMENT OF ADVERTISEMENTS
4.1 The Advertiser bears the risk of timely, complete and correct delivery of Advertising Material regardless of the method of delivery. The Advertiser will observe the instructions/guidelines given by Misset Publishing. The delivery specifications, with the exception of digital Services, such as the delivery and Closing Dates can be found on the rate card that is published on the Website of the relevant Medium or on www.misset.com.
4.2 With regard to the delivery of digital Services, the delivery specifications as stated on the Websites of the relevant Medium apply. In any case, unless otherwise agreed with regard to the requirements for that specific advertising form, the Advertiser must ensure that:
i) It must be clear to the public that it is an Advertisement;
ii) The Advertising Material complies with the requirements regarding file formats, dimensions and sizes as stated in the delivery specifications referred to above;
iii) If the Advertisement is linked to a URL, this is a working URL;
iv) The Advertising Material is in keeping with the appearance of the Website on which the Advertisement is to be placed;
v) Misset Publishing approves of the Advertisement beforehand. The Advertiser must therefore ensure that a preview of the Advertising Material is presented to Misset Publishing at least 7 working days before the start of the campaign;
vi) The (approved final) Advertising Material must be in the possession of Misset Publishing no later than 5 working days before the start of the campaign. If the Advertising Material is not in the possession of Misset Publishing in time, all liability of Misset Publishing for the correct execution of the agreed Services ends;
vii) Sound in Advertisements is only allowed after mouse click;
viii) Advertising Material must be submitted as a digital file in accordance with the above mentioned delivery specifications by stating the order code which is supplied via the link sent by Misset Publishing with the order confirmation (unless otherwise agreed).
4.3 Misset Publishing has the right not to place Advertisements that are delivered after Closing Date without prejudice to the Advertiser’s obligation to pay the agreed advertising fees.
4.4 The Advertiser must secure its network with the correct antivirus software. The Advertiser must ensure as far as is possible that no viruses and other properties adhere to the delivered Advertising Material that may be harmful to the hardware and/or software of Misset Publishing,.
4.5 Misset Publishing has the right to change the content and form of the Advertisement at its own discretion and reasonableness to the specifications used by it, without the Advertiser being entitled to compensation or restitution of (part of) the agreed advertising fees. Misset Publishing will inform the Advertiser as soon as possible by telephone or by email if an Advertisement suffers from a defect or is otherwise unsuitable for placement. The Advertiser must then immediately provide a new version of the Advertisement.
4.6 The Advertiser must ensure that an Advertisement complies with all requirements laid down in applicable laws and regulations, self-regulation codes, including the Dutch Advertising Code of the Advertising Code Foundation and the standards set for it in society. The Advertiser therefore guarantees that an Advertisement complies in particular, but not exhaustively, with the following requirements:
i) The Advertiser must be clearly and unambiguously identifiable in the Advertisement and the Advertisement must be recognisable as a commercial advertisement from the Advertiser;
ii) an Advertisement relates to the company, services and/or products of the Advertiser;
iii) an Advertisement may not be abusive, offensive or misleading, in violation of good morals, contrary to the rights of third parties, unlawful towards a third party or contrary to that which is considered to be proper in society;
iv) an Advertisement may not damage the reputation of Misset Publishing;
v) an Advertisement may not infringe on the rights of third parties, including copyrights and trademark rights.
4.7 Misset Publishing may receive instructions on advertising from the competent authorities, including the Media Authority, the Advertising Code Committee and its appeals body (the Appeals Board), the Medicines Evaluation Board (KOAG), the Healthcare Products Adoption Committee (KUR), the Financial Markets Authority (AFM) and their legal successors. If these instructions give reason to do so, Misset Publishing has the right to adjust the Advertising Material in accordance with these instructions.
4.8 Unless otherwise agreed in writing, Misset Publishing does not grant the Advertiser any exclusivity, such as with respect to the products/services offered in the Advertisement. Unless otherwise agreed in writing, Misset Publishing is also free to accept third-party advertisements and place them at random.
4.9 Misset Publishing will place an Advertisement in the manner as agreed in the Advertising Agreement provided the Advertiser has delivered the Advertisement in accordance with the delivery specifications. Misset Publishing does not, however, guarantee exact reproduction and the Advertiser must accept that there may be colour and print deviations. In addition, Misset Publishing does not guarantee the quality of the display of online Advertisements.
4.10 The digital Services are offered and delivered by Misset Publishing without any guarantee for (uninterrupted) availability, safety, suitability, absence of viruses, soundness or otherwise.
4.11 Misset Publishing is not responsible for the extent to which success is achieved with the placement of the Advertisement, nor for the extent to which the intended audience is reached.
4.12 Misset Publishing keeps the Advertising Material in its archives for the benefit of Services for at least one year from the date of publication. When the material is delivered on a CD / DVD only the file and not the original data carrier is saved. Misset Publishing is not liable for loss or damage of the Advertising Material.
4.13 At its discretion, Misset Publishing shall i. provide the Advertiser free of charge with one (1) proof copy of the printed Medium in which the Advertisement is placed, ii. send a PDF of the relevant page to the Advertiser by email. If Advertiser wishes to receive multiple copies, they can be obtained at the price set by Misset Publishing.
4.14 The Advertiser is responsible for the content of the Advertisement. The Advertiser will refrain from attempting to influence the editorial decisions regarding the Medium in any way whatsoever.
4.15 If the Advertisement consists of an Advertorial, the following additional conditions apply:
i. “Advertisement” or “Advertorial” should be stated above the Advertorial;
ii. the layout and typography of the Advertorial should deviate sufficiently from the (sheet) pattern and the typography of the Medium, all this at the discretion of Misset Publishing;
iii. the sender of the Advertorial must be clearly stated;
iv. the logo or the relevant product of the Advertiser must be clearly visible; and
v. the rights to Advertorials (jointly) produced by Misset Publishing remain the property of Misset Publishing. The Advertiser is not permitted to reuse the used Advertising Material for other media and/or other activities without the prior consent of Misset Publishing.
ARTICLE 5. RIGHT TO REFUSE AND SUSPENSION
5.1 Misset Publishing, is at all times entitled to refuse or suspend the delivery of (digital) Services in case of technical objections, rejection of the content, nature, scope or form of the specified Advertisements as well as for reasons of principle in connection with the Medium in which the Advertisement would be placed or other reasons on the part of Misset Publishing.
5.2 Misset Publishing is also entitled to refuse the provision of agreed (digital) Services if the Advertisement does not meet the conditions stated in these Terms and Conditions and/or the Advertising Agreement, including conflict with the laws and regulations and not timely possession of the Advertising Material by Misset Publishing (Article 4). Refusal to deliver the (digital) Services on the above grounds (Article 5.1 and this Article 5.2) shall not affect the obligation of the Advertiser to pay the agreed Services placement costs and any production costs incurred.
5.3 In the event that the Advertiser does not, not timely or not properly comply with one or more of the conditions stated in these Terms and Conditions or the Advertising Agreement, Misset Publishing is entitled – without prejudice to its right to compensation or performance, this at its option – to suspend the execution of the (digital ) Services for as long as this shortcoming on the part of the Advertiser continues, or to terminate the Advertising Agreement in whole or in part without being obliged to pay any compensation.
5.4 Misset Publishing also has the right to move Services, not being digital Services reserved for a particular Medium, to a subsequent edition of that Medium.
5.5 The agreed starting date of the (digital) Services is a target date. Misset Publishing reserves the right to postpone the delivery of these Services due to unforeseen circumstances (those not attributable to Misset Publishing). If the starting date is postponed by Misset Publishing, the only compensation for the Advertiser will consist of the eventual delivery by Misset Publishing of the (digital) Services for a period equal to the agreed period or the delivery of replacement Services, all this in good consultation between the Advertiser and Misset Publishing.
ARTICLE 6. COMPLAINTS ABOUT PLACED ADVERTISEMENTS
6.1 Any complaint regarding the Services (excluding digital Services) delivered by Misset Publishing must be made known in writing to the sales department at Misset Publishing no later than 14 calendar days after the date of publication of the relevant edition of the Medium or the first publication online. This department can be contacted by telephone on 0314 34 99 11 or by email to firstname.lastname@example.org. If no complaint about the placed Advertisement has been received by Misset Publishing within the aforesaid period, Misset Publishing will be deemed to have executed the Advertising Agreement in a proper manner.
6.2 Complaints with regard to the Services delivered by Misset Publishing do not release the Advertiser from its obligations under the Advertising Agreement, including timely payment of the agreed fee in respect of the relevant Advertisement.
ARTICLE 7. RATES AND PAYMENT
7.1 Unless otherwise agreed, the rates or fees to be charged will be based on the current rate card of Misset Publishing applicable to Medium and/or the (digital) Services.
7.2 Misset Publishing reserves the right to revise the rates. Unless explicitly agreed otherwise, such a rate adjustment also applies to the assignment(s) agreed with the Advertiser regarding Services that have not yet been delivered. In the event of a rate change, the Advertiser has the right to cancel the order in respect of the part of the Services that has not yet been delivered.
7.3 Invoicing of an Advertising Agreement usually takes place after each placement of an Advertisement. If placement occurs over a longer period, Misset Publishing is entitled to invoice at least once a month. Misset Publishing is entitled to demand payment in advance and/or to invoice in parts. All related costs are at the expense of the Advertiser. The invoices are sent digitally. The Advertiser must therefore provide Misset Publishing with an email address to which the invoices can be sent. On receipt of the invoice by email, the right to a ‘paper invoice’ expires.
7.4 Misset Publishing has the right to charge any extra costs that are caused by Advertising Material which is incorrect or fails to conform with the given specifications as set out in Article 4.2 of these Terms and Conditions. These extra costs are charged in addition to the agreed Advertising Rates or fees.
7.5 All invoices from Misset Publishing must be paid by the Advertiser within thirty (30) days of the invoice date in the manner indicated on the invoice. In the event that this term is exceeded, the Advertiser is legally in default and as from the due date of the invoice Misset Publishing has the right to charge statutory interest calculated over the outstanding amount. Misset Publishing is then entitled to instigate a collection procedure in order to obtain full payment. The costs of this, amounting to at least 15% of the amount due plus interest including administration costs, are at the account of the Advertiser. However, Misset Publishing will send the Advertiser a payment reminder giving the Advertiser a reasonable period of time in which to fulfill its payment obligation.
7.6 The Advertiser may not suspend or settle any payments due and payable to Misset Publishing against any claim that the Advertiser may have against Misset Publishing.
7.7 Misset Publishing grants a 15% discount (agency discount) on the gross amount owed by the Advertiser (minus discounts) if the (digital) Services provided have been negotiated by a recognised Media Agency.
7.8 If measurement systems (for example, to determine the number of clicks or leads) are used to determine the amount payable with regard to the delivered digital Services, the numbers provided by Misset Publishing’s own measuring systems will be relied upon over any other systems also used. In terms of industry standards, a difference of up to 10% between measured clicks and ad impressions will be seen as not unusual. If the difference between the measured clicks and ad impressions is greater than 10%, the Parties will jointly investigate the cause of these differences with the aim of solving this. Until the cause of the measurement differences is established, the measurement results of Misset Publishing will continue to be used to determine the amount to be paid.
7.9 Questions regarding invoices must be sent in writing to Misset Publishing no later than within two (2) weeks after receipt of the invoice in the manner stated in Article 6 of these Conditions, failing which the claim will lapse.
7.10 If Advertising Space is purchased through a Media Agency, the Advertiser remains at all times jointly and severally liable for payment of the amount due to Misset Publishing under the Advertising Agreement.
ARTICLE 8. CANCELLATION
8.1 Cancellation must always be done in writing by the Advertiser. Cancellation on the basis of this article does not release the Advertiser from its other obligations under the Advertising Agreement.
8.2 In the event of cancellation by the Advertiser of any assignment for the provision of Services (excluding digital Services) the Advertiser will owe Misset Publishing the following cancellation fee, determined on the basis of the following table, as a percentage of the agreed fee:
Days between cancellation and the Closing Date: Cancellation fee as a percentage of the agreed fee
31 days of more 0%
Between 30 and 15 days 25%
Between 14 and 8 days 50%
Between 7 and 4 days 75%
Less than 3 days 100%
The Closing Date which will apply is stated for the relevant Medium on the relevant Website(s).
8.3 If the Services consist of placing an Advertisement on a specific, special position or other edition for which Misset Publishing has to incur extra costs in connection with the specific printing process and because of the Advertiser these cannot proceed in the period leading up to the expiry of the Closing Date, then the surcharge as stated on the rate card or these additional costs must be paid by the Advertiser.
8.4 In the event of cancellation by the Advertiser of digital Services to be provided by Misset Publishing, the Advertiser shall owe the following amounts:
(a) if Misset Publishing has engaged third parties in the performance of the Services, all costs Misset Publishing is already obliged to pay to one or more such third parties at the moment of cancellation by the Advertiser; and
(b) a cancellation fee that is determined using the table below. Any payments in excess of the amount due already paid by the Advertiser will be refunded by Misset Publishing.
Days between cancellation and campaign start: Cancellation fee as a percentage of the agreed fee
31 days or more 0%
between 30 and 6 days 5%
less than 5 days 100%.
ARTICLE 9. LIABILITY
9.1 Misset Publishing performs the (digital) Services it provides as carefully as possible. In the event that Misset Publishing fails to fulfill its obligations it is only liable for any direct or indirect damage, including but not limited to consequential damage, stagnation damage, loss due to delay, loss of orders, loss of profit and processing costs of the Advertiser related to or arising from the Advertising Agreements or the (digital) Services if this damage is caused by intent, gross negligence or conscious recklessness of Misset Publishing.
9.2 The liability of Misset Publishing is limited to re-placement/re-delivery of the (digital) Services, as agreed with the Advertiser, or payment of compensation of at most the invoice value of those (digital) Services which Misset Publishing has failed to deliver. The amount of compensation will be in proportion to the extent to which Misset Publishing has failed to fulfill its obligations. Minor deviations give no right to compensation.
9.3 The Advertiser bears the risk of errors in the execution of Orders placed by telephone or by other means if this results in Misset Publishing not receiving requests or messages from the Advertiser, or the requests or messages that are received proving to be incorrect, late or incomplete. The Advertiser also bears the risk of errors in Advertisements caused by unclear copy, irrespective of the form in which it was delivered, except in the case of intent or gross negligence on the part of Misset Publishing.
9.4 Misset Publishing is never liable for any direct or indirect damage resulting from the entering into (and settlement) of transactions and agreements between the Advertiser and its contracting parties.
9.5 If the Advertiser fails to comply with its obligations under the Advertising Agreement, Misset Publishing is entitled to suspend the execution of the Advertising Agreement for the duration of the shortcoming. If the Advertiser fails to fulfill its obligations within the reasonable period set by Misset Publishing, following written notice of default by Misset Publishing, Misset Publishing shall be entitled to dissolve the Advertising Agreement in whole or in part. In the event that a deadline is exceeded, such as a payment term, the Advertiser is automatically in default, without a notice of default being required.
9.6 Suspension or dissolution by Misset Publishing does not release the Advertiser from its obligation to pay the full amount payable under the Advertising Agreement. Suspension, dissolution or other termination of the Advertising Agreement shall not affect the right of Misset Publishing to compensation from the Advertiser for the damage suffered by Misset Publishing as a consequence or in connection therewith.
ARTICLE 10. FORCE MAJEURE
10.1 If one of the Parties cannot or not timely fulfill their obligations under the Advertising Agreement due to force majeure, these obligations will be suspended for a period of one (1) month from the date on which the party concerned was meant to have completed that particular act. Each party is entitled to terminate the Advertising Agreement by registered letter with immediate effect if the force majeure continues after expiry of the aforementioned term. Force majeure includes: a non-attributable shortcoming of third parties or suppliers engaged by Misset Publishing, the temporary lack or insufficient availability of hardware, software and/or internet or other telecommunications connections that are necessary for the provision of the Services, the removal of a web page managed by a third party, as well as any other situation in which neither Misset Publishing nor the Advertiser can exercise (decisive) control.
10.2 In the event of a situation of force majeure, the Parties are not obliged to compensate any damage suffered by the other Party as a result of the situation of force majeure.
10.3 If during the production of a magazine Misset Publishing is prevented from placing an Advertisement or performing any other assignment due to unforeseen circumstances or force majeure, then Misset Publishing has the right to suspend the performance of that assignment for the duration of the hinderance or to cancel the assignment without being obliged to pay any compensation to the Advertiser. In these cases, Misset Publishing is obliged to notify the Advertiser as soon as possible of the problem and to inform it of whether it is suspending or cancelling the assignment.
ARTICLE 11. INTERMEDIATE TERMINATION
11.1 The Parties have the right to terminate the Advertising Agreement in writing with immediate effect without a prior notice of default being required if:
- the other Party is declared bankrupt;
- the other Party applies for its own bankruptcy or suspension of payments;
- a substantial part of the assets of the other Party is seized;
- the other Party ceases or terminates all or part of its business or its activities, including for Misset Publishing inter alia the cessation of a magazine or website published by it in respect of which the assignment has been awarded;
- the delivery of the agreed (digital) Services or any part thereof is or threatens to be in breach of applicable laws and regulations; and
- the other Party fails to comply with one or more of the obligations under the Advertising Agreement even after a reasonable period of time has been given to comply with its obligation(s).
11.2 Misset Publishing has the right to terminate the Advertising Agreement in writing without giving any reason with immediate effect if Misset Publishing does not consider the Advertiser to be sufficiently creditworthy.
ARTICLE 12. PLUS PROPOSITIONS
12.1 Misset Publishing determines how many Plus Propositions can be placed in each Medium. Different formats and other details apply to Plus Propositions, which Misset Publishing will make known to the Advertiser.
12.2 Misset Publishing has the right to charge the Advertiser for the (additional) production, printing and postage costs.
12.3 A Plus Proposition may not contain gases or harmful or hazardous substances.
12.4 If the Plus Proposition consists of an addendum which is to be added or stuck on, such as a sachet, Misset Publishing cannot guarantee that the addendum is placed exactly at the indicated location in the Advertisement. The Advertiser accepts that a certain deviation in the location may occur.
12.5 Misset Publishing cannot guarantee that the entire edition of the relevant Medium will include the Plus Proposition. The Advertiser must reasonably accept that a certain deviation may occur.
12.6 The Advertiser indemnifies Misset Publishing against all third-party claims in connection with the use and content of the Plus Proposition.
ARTICLE 13. PRIVACY AND COOKIES
13.1 The Advertiser’s personal data will be recorded in a customer database and processed by and under the responsibility of Misset Publishing. Misset Publishing will ensure that the personal data is handled with care and will take appropriate technical measures to protect this data against any form of unlawful processing.
13.2 Misset Publishing records the details of the Advertiser to allow it to execute the Advertising Agreement and to be able to inform the Advertiser about the (other) products and services of Misset Publishing. Recording and processing of data will at all times be in accordance with the applicable privacy statement as published on the website of Misset Publishing as well as the General Data Protection Regulations.
13.3 If the Advertiser and any third party engaged by it wish to add a Cookie to material that Misset Publishing places on a Website or on a website that forms part of the so-called 3rd party network, the Advertiser guarantees that:
- if this means the use of a Cookie which was previously placed elsewhere than the Websites, the Advertiser is fully responsible and liable to ensure that the visitor is informed and consent to the use of that Cookie is obtained (in accordance with all legal requirements); and
- a Cookie will only be used if the visitor’s permission to use of that Cookie is obtained.
ARTICLE 14. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
14.1 All copyright and other intellectual property rights in respect of the Media produced or published by Misset Publishing are vested in Misset Publishing or third parties engaged by it. This also includes the rights to works produced by Misset Publishing on behalf of the Advertiser such as Advertisements.
14.2 The contents of the Media produced by Misset Publishing may not be reproduced by or with the cooperation of the Advertiser, stored in an automated database and/or made public in any manner whatsoever, unless Misset Publishing has given its prior written consent.
14.3 The Advertiser declares that the Advertising Material supplied by it does not infringe the rights of third parties, including copyrights and trademark rights.
ARTICLE 15. CONFIDENTIALITY
The Parties are obliged, both during the term of the assignment or the Advertising Agreement and after termination thereof to observe strict confidentiality on all matters the confidential nature of which may be deemed to be known to them.
ARTICLE 16. TRANSFER
Misset Publishing is authorised to transfer all or part of the rights and obligations under the Advertising Agreement to third parties. Misset Publishing will inform the Advertiser as soon as possible of such a transfer. Without the prior written consent of Misset Publishing the Advertiser is not entitled to transfer its rights and/or obligations under the Advertising Agreement to a third party.
ARTICLE 17. OTHER PROVISIONS
17.1 If one or more provisions of the Terms and Conditions, the Advertising Agreement and/or any other agreement between the Parties is deemed to be in conflict with provisions of mandatory law, the relevant provision shall lapse and Misset Publishing shall replace it with a replacement, legally permissible provision that conforms as much as possible with the provision that has lapsed.
17.2 Misset Publishing has the right to engage third parties at its discretion to be involved in the execution of the assignment or the Advertising Agreement.
ARTICLE 18. APPLICABLE LAW AND COMPETENT COURT
Dutch law applies to these Terms and Conditions, the Advertising Agreement and any other assignments. Disputes regarding the Terms and Conditions, the Advertising Agreement and/or other assignments which cannot be resolved amicably between the Parties will be submitted to the competent court in the district of Amsterdam, the Netherlands.
These Terms and Conditions take effect on 1 January 2019. On that date, previously published Terms and Conditions expire.
B – SPECIFIC TERMS AND CONDITIONS CONCERNING ADVERTISEMENTS IN DIGITAL MEDIA
In addition to the general provisions (see under A) which apply to all Advertising Agreements that (in part) relate to Advertisements in digital media, the specific terms and conditions below also apply. These conditions apply only to display advertisements, such as buttons, banners etc. and not to search engine advertising.
ARTICLE 19. IMPRESSIONS
19.1 If, when determining the fee owed by the Advertiser, use is made of measuring systems (for example to determine the number of clicks or leads), the systems of Misset Publishing are decisive.
19.2 Misset Publishing will always try to publish the Advertisement during the entire agreed publication period. However, Misset Publishing does not guarantee that the Advertisement will be published uninterruptedly, without issues and/or error-free or that the Medium will be accessible at all times. Misset Publishing is in no way liable for any damage resulting from the (temporary) unavailability of the Medium.
19.3 Misset Publishing is entitled, without prior notice, to (temporarily) take the Medium out of use and/or restrict its use if this is necessary in its reasonable opinion, for example in the context of necessary maintenance of the Medium.
ARTICLE 20. PREMIUM DISPLAY ADVERTISING
20.1 Premium Display Advertising means the exclusive right of an Advertiser to advertise on a Website or other digital Medium from the portfolio of Misset Publishing. The exclusivity applies only to the fixed display positions and in no case to text links.
20.2 In the case of Premium Display Advertising, Misset Publishing makes frequency caps available to the Advertiser to use free of charge.
20.3 In the case of Premium Display Advertising, the Advertiser has the right to add image and sound to its Advertisements at no additional cost. Misset Publishing can set further rules on the form and content of the (audio) visual material, such as limits on size and maximum duration. Misset Publishing has the right, without giving any reason, to reject these add-ons.
20.4 Within Premium Display Advertising, the Advertiser is entitled to change the Advertising Material on a weekly basis without additional costs. The Advertising Material must be delivered in accordance with the delivery specifications published by Misset Publishing.
ARTICLE 21. FIXED POSITIONS ADVERTISING
21.1 Fixed Positions Advertising means the right to advertise on a fixed position on a Website or other digital Medium from the portfolio of Misset Publishing.
21.2 Should the fixed position of the Advertiser be unavailable, Misset Publishing is entitled to suspend or cancel the placement of the Advertisement without the Advertiser being entitled to compensation for incurred costs and/or damage suffered.
ARTICLE 22. PERFORMANCE CAMPAIGN
22.1 A performance campaign means a campaign in which the Advertisement is automatically placed on various online Media within the Misset Publishing network and, if agreed, also on third-party media by means of Misset Publishing’s Ad Management System (AMS).
22.2 Misset Publishing will endeavour to achieve the highest possible click-through rate (CTR) during the performance campaign. However, Misset Publishing does not give any guarantee regarding CTRs or conversion.
23.2 Upon request the Advertiser can receive real-time access to the performance campaign via the AMS.
ARTICLE 23. ELECTRONIC BUDGET
23.1 Electronic budget means the agreed budget with which the Advertiser can pay the fee due for one or more Advertisements when placing an Advertisement (Order) online.
23.2 Misset Publishing can set a maximum limit for the electronic budget.
23.3 The Advertiser is responsible for keeping its account details for the management of its electronic budget (username and password combination) confidential. The Advertiser is therefore also liable for all use made of the electronic budget via its account.
23.4 Misset Publishing does not carry out any (prior) checks of the Advertisements (Orders) placed online. Any errors in the Advertisement (Order) placed by the Advertiser are therefore entirely at the expense and risk of the Advertiser.
ARTICLE 24. ADDITIONAL COSTS
24.1 Any additional costs associated with digital Advertisements, including production costs and external hosting costs in the context of display advertising, will be charged to the Advertiser.
24.2 If the Advertiser does not accept the costs referred to in paragraph 1, Misset Publishing shall be entitled to terminate the Advertising Agreement with immediate effect without owing any compensation to the Advertiser for any costs whatsoever.
ARTICLE 25. COOKIES, PIXELS
25.1 If Cookies are used when placing or delivering Advertisements, the responsibility for this and for compliance with applicable laws and regulations (especially Article 11.7a of the Telecommunications Act (TW), the Dutch Personal Data Protection Act (WBP) and as from the 25th of May 2018, the General Data Protection Regulations (GDPR)) lies entirely with the Advertiser.
25.2 Misset Publishing shall endeavour to ensure, but does not guarantee, that the Advertiser can meet the requirements on the basis of the requirements of Article 11.7a TW and makes every effort to:
- Provide clear and complete information to the (end) users of its digital Media in accordance with the WBP and with regard to the purposes for which the Cookies are used, insofar as this is legally required; and
- obtain permission from the (end) users of its digital Media to be able to place the Cookies or have them placed or read for the benefit of the Advertiser, insofar as this is legally required. Misset Publishing will record this permission, or have it recorded, as much as is commercially possible and will provide the Advertiser with it on request.
- In addition to the information and permission requirements set out in paragraph 2 above, Misset Publishing uses a Cookie and Privacy Statement which is available on www.misset.com. The Advertiser must inform Misset Publishing as soon as (technically) possible (i) which Cookies are used, (ii) by which party these Cookies are used, (iii) from which domain the Cookies are placed and (iv) the lifespan of the Cookies, after which Misset Publishing will make every effort to supplement their Cookie and Privacy Statement with these Cookies.
25.4 The Advertiser indemnifies Misset Publishing against any liability towards third parties which is in any way related to and/or results from non-compliance with laws and regulations in the field of Cookies when placing or delivering Advertisements, including but not limited to Article 11.7a TW and the WBP.
ARTICLE 26. ADVERTISEMENTS ON SOCIAL MEDIA
Advertisements distributed via social media must comply with the Code Social Media Marketing.
© 2019 Misset Uitgeverij B.V.
GENERAL TERMS AND CONDITIONS FOR PROMOTIONAL GAMES OF CHANCE AND PRIZE QUESTIONS MISSET UITGEVERIJ BV
ARTICLE 1. GENERAL
- These terms and conditions apply to all promotional games of chance, competitions and other promotions (‘Promotions’) organised by Misset Uitgeverij B.V. (‘hereafter: the ‘Organiser’). Misset Uitgeverij B.V. is registered in Amsterdam, has offices at Hanzestraat 1, 7006RH, Doetinchem, the Netherlands and is registered with the Chamber of Commerce under number 72187468, VAT number: NL 859021166B01.
- When organising promotional games of chance, the Organiser adheres to the Code of Conduct for Promotional Games of Chance 2014. If the Promotion qualifies as a promotional game of chance then the Promotion will indicate, for example on the promotion page, which product, service or brand/company is being promoted.
- Participation in a Promotion implies acceptance of these terms and conditions. No contestation of these terms and conditions will be entertained.
- For each Promotion, the Organiser will state on the relevant promotion, recruitment, Facebook or other type of page how and in which period persons can participate in the Promotion, which prizes can be won, and whether additional conditions apply.
- For questions or comments about the terms and conditions or about Promotions, please contact the Organiser on 0314 35 83 58 or by sending an email to email@example.com.
- If the Promotion is communicated via Facebook or other social media channels, it will not be sponsored, supported or managed in any way by these parties.
- If a situation arises which is not covered by these Terms and Conditions then the Organiser decides.
ARTICLE 2. PARTICIPATION AND PARTICIPANTS
- Each Promotion clearly states the manner in which, and the period during which, the Promotion can be participated in.
- Participation is open to residents of the Netherlands and Belgium. Employees of the Organiser and/or affiliated companies and/or suppliers or sponsors with whom the Organiser cooperates with regard to the relevant Promotion and the prizes to be awarded, are excluded from participation.
- Participants are obliged to individually fulfill all registration requirements. A participant can only participate once per Promotion, unless stated otherwise.
- Any costs involved in participation will be mentioned in the announcement of the Promotion.
- Participants under the age of 18 must have received demonstrable permission from their legal representative to participate in the relevant Promotion. The Organiser is entitled to check that such permission exists. If it appears that the necessary permission has not been granted the Organiser can choose not to award any prize that has been won, unless/until the minor can prove that the permission has indeed been obtained.
- The Organiser has the right at all times to ask a participant to provide a copy of a valid proof of identity.
- If a participant who is not a natural person is shown to be participating in a Promotion through a third party/intermediary the Organiser reserves the right to exclude such person/parties from participation.
- The Organiser has the right to exclude a participant from any Promotion if it appears that the participant has provided inaccurate, incomplete or misleading information or otherwise commits fraud or attempts to commit fraud.
- The Organiser is not liable to any participant who submits incorrect personal details (telephone number, email address or home address), nor for any lost entries and/or for a malfunction in the network, hardware or software that results in a limited or delayed provision of data by a participant, or loss of such data.
ARTICLE 3. DETERMINATION AND ANNOUNCEMENT OF WINNERS
- The Promotion makes clear how many draws there will be, when these will take place, and how many winners there will be for each draw.
- Unless otherwise stated, the winner(s) of the Promotion are selected in a random and impartial manner, for example by a bailiff, notary or computer programme. In competitions to which a contestable performance is linked, the entries will be judged by an independent jury.
- After the result is known, the prize winners will be personally informed as soon as possible, but in any case no later than three months after the end of the Promotion. If a winner cannot be reached, the Organiser will determine a next winner in the same way as the original winner was determined. In that case, the original winner can no longer claim the prize.
- By participating in the Promotion, the participant gives the Organiser permission to announce the winners with initials, surname and place of residence on the relevant website or Facebook. No correspondence can be entered into about the outcome of the Promotions.
ARTICLE 4. PRIZES
- The Promotion specifies how many and what prizes will be given away.
- The prizes are stated or shown in the Promotion in the relevant publication or on the relevant website. For each participant, telephone number or (email) address only one prize per Promotion can be awarded. Each prize is unique and is in the name of the respective winner.
- The prizes are non-transferable, nor are they redeemable for cash or exchangeable for another prize.
- The Organiser will award the non-cash prizes in the state that they are in at the time they are awarded. The Organiser is not liable for any (visible and/or hidden) defects in the prizes and/or any other damage to the prizes (including damage caused by shipping and or other means of transport).
- The Organiser will pay any gambling tax and VAT that must be paid in connection with prize, unless stated otherwise.
- Each winner declares that he or she is willing to participate in promotional activities in connection with the Promotion, including the awarding of the prize. Any photos may be used by the Organiser or by the party who has made the prize available for publicity purposes. The Organiser does not owe the winning participant any fee for this.
- The Organiser reserves the right to terminate the Promotion at any time without giving reasons or to change the prizes and/or promotional period or to decide not to award the prizes, without participants gaining any right to damages or compensation.
- Within a few weeks after the announcement of the result of the Promotion, the prizes will be sent to the winners or handed over.
- If participation in the Promotion involves the submission of material (photographs, video, text or other work) then the participant declares:
- he/she is authorised to submit this material and owns the rights to this material or represents the party who owns all intellectual property rights relating to the submitted material; and
- by participating in the Promotion, the participant unconditionally grants the Organiser a non-exclusive, perpetual, worldwide and transferable right of use in respect of the submission (photograph, video or other work). This right of use includes, among other things, the right for the Organiser to exploit the submission whether or not this is in a modified form, in the broadest sense of the word, to publish it and/or transfer it to third parties. The participant waives all personal rights to the submission in favour of the Organiser, insofar as this is legally possible.
ARTICLE 5. DATA AND PRIVACY
- By participating in the Promotion, the participant gives permission to the Organiser to collect and provide to third parties all data they deem necessary for the proper organisation of the Promotion and the sending of the prizes.
ARTICLE 6. CHANGES TO TERMS & CONDITIONS AND TECHNICAL PROVISIONS
- The Organiser can change these general Terms and Conditions at any time. It is therefore advisable to consult these conditions regularly.
- The Organiser does not guarantee the undisturbed and uninterrupted functioning of its website(s), Facebook pages or the services it delivers or provides. Despite the greatest possible care that the Organiser takes over the management of the websites, it is possible that the information is incomplete or incorrect. The participant is, him/her self, responsible for adequate facilities (such as telecommunications facilities) to participate in the Promotions.
ARTICLE 7. COMPLAINTS
Any complaints or objections in connection with a Promotion may be communicated to the Organiser by means of sending an email to firstname.lastname@example.org within 5 working days after the complaint has arisen or could reasonably be determined or by letter to Misset Uitgeverij, Hanzestraat 1, 7006 RH, Doetinchem, the Netherlands entitled “Complaint regarding a promotional game of chance”. The Organiser will deal with a correctly filed complaint within 30 days and contact the participant about the settlement thereof. If the complaint is not settled to the satisfaction of the complainant, he/she may submit a complaint regarding the promotional game of chance to the Gaming Authority.
ARTICLE 8. LIABILITY
The Organiser is not liable for any damage, of whatever nature, arising from or related to (participation in) a Promotion. Press, play, set or similar errors cannot be invoked by the participant against the Organiser and in no way create an obligation on the part of the Organiser. The Organiser is not liable for any damage, of whatever nature, in connection with the use of the website or links to websites of third parties including Facebook included on its own website or other technical facilities. The Organiser is not responsible or liable for costs incurred by the participant in connection with participation in the Promotion.
ARTICLE 9. FORCE MAJEURE
The Organiser reserves the right, in case of force majeure, to suspend, terminate or change the Promotion at any time, and not to award one or more prizes. Force majeure includes but is in no way limited to the bankruptcy of the supplier and/or sponsor of a prize or the application for suspension of payment by this supplier and/or sponsor. The Organiser may award an alternative prize, if applicable.
ARTICLE 10. APPLICABLE LAW
These terms and conditions and the Promotion itself are governed exclusively by Dutch law. All disputes in connection with or arising from the Promotion will be submitted to the competent court in Amsterdam, the Netherlands.
© 2019 Misset Uitgeverij BV
GENERAL TERMS AND CONDITIONS FOR VISITORS TO EVENTS
ARTICLE 1. DEFINITIONS AND APPLICABILITY
1.1 In these General Terms and Conditions the following definitions apply:
(i) Agreement: the relevant Agreement between the Organiser and the Visitor regarding the services provided for payment in connection with the Event;
(ii) Entrance Fees: price to be paid for Tickets, excluding any additional costs;
(iii) Event: the event, fair, congress or other happening organised by the Organiser;
(iii) Location: the location where the Event takes place:
(iv) Organiser: Misset Uitgeverij B.V., registered in Amsterdam and with offices at Hanzestraat 1, 7006 RH, Doetinchem, the Netherlands, registered with the Chamber of Commerce under number 72187468, VAT number: NL 859021166B01;
(v) Terms and Conditions: these general terms and conditions for Visitors attending an Event organised by the Organiser;
(vi) Ticket: the admission ticket for the Event;
(vii) Visitor: the person who orders, buys and/or reserves a Ticket for the Event;
(viii) Website: a website operated by the Organiser or a third party engaged by it, on which information about the Event can be obtained and/or Tickets can be purchased.
1.2 These Terms and Conditions apply to the legal relationship between the Organiser and the Visitor. Unless otherwise stipulated, third parties cannot derive any rights from these Terms and Conditions. In cases not covered by these Terms and Conditions the Organiser decides.
1.3 These Terms and Conditions also apply if the Agreement is concluded through a third party who has been appointed by the Organiser as a broker for the offering, selling, and/or making of reservations for Tickets.
ARTICLE 2. DATES, DURATION AND RIGHT TO CANCELLATION
2.1 For each Event the Organiser will specify the Location, the price of the Tickets and the dates on which the Visitor can visit the Event.
2.2 If in the opinion of the Organiser special circumstances justify this, or in case of force majeure, the Organiser may change the given dates and/or the Location, or decide not to proceed with the Event. If the Event is moved to another date, the Ticket remains valid for the new date on which the Event will take place. In the event that the Visitor cannot or no longer wishes to attend the Event on the new date then he/she is entitled to return his/her Ticket and receive a refund of the fee stated on the Ticket, or in the absence thereof compensation for the amount (excluding any service costs) that the Visitor has paid via the Website. If the Event has been moved to a later date, the Visitor cannot claim a refund of the aforementioned compensation if he/she has not submitted the relevant Ticket before the date on which the Event takes place.
2.3 If the Event has to be cancelled as a result of or in connection with force majeure after it has commenced, the Organiser will only be obliged to refund a part of the fee stated by it on the Ticket or, in the absence thereof, the fee that Visitor has paid via the Website. Any other damage will not be reimbursed. Nor can the Visitor claim (replacement) access to another Event.
2.4 Under no circumstances can the Visitor claim any right to any compensation from the Organiser in connection with a decision as described in paragraph 2 of this Article.
2.5 All information about the Event and the availability of Tickets which is provided by the Organiser to the Visitor is provided at all times without any obligation and subject to any changes.
2.6 Special wishes, for example (but not exclusively) with regard to places suitable for wheelchairs and/or guidance by guide dogs, must be notified by email prior to the reservation of a Ticket. The ability of the Organiser to meet these wishes depends upon, among other things, the availability of places suitable for wheelchairs and the opportunities presented by the Location.
ARTICLE 3. TICKETS AND CONCLUSION OF THE AGREEMENT
3.1 The reservation of Tickets by the Visitor either at the sales desk at the Location itself or by other means such as via the Website, does not itself create an Agreement. An Agreement is only concluded if and at the moment that the Organiser receives (authorisation of) the payment from the Visitor or if the Visitor has purchased and paid for a Ticket at the ticket office at the Event.
3.2 Payment of the Entrance Fees and all other costs owed by the Visitor is made to the Organiser, possibly via a third party engaged by the Organiser. In addition to the purchase of a Ticket at the ticket office of the Event, the purchase of a Ticket is also possible online via the Website, whereby payment can only be made via iDeal or in another manner to be announced by the Organiser.
3.3 The Visitor cannot cancel the Agreement.
3.4 A Ticket may consist of a document issued by or on behalf of the Organiser or a QR code provided by or on behalf of the Organiser. The QR code is a unique code. The Ticket is issued once and gives access to one person.
3.5 The Tickets are and remain the property of the Organiser. The Ticket entitles the holder to attend the Event. Only the holder of the Ticket who first shows the Ticket at the start of the Event will be given access. The Organiser may assume that the holder of this Ticket is also the person entitled thereto (the Visitor). Organiser is not obliged to carry out further checks with regard to valid Tickets. The Visitor must ensure that he/she becomes and remains the holder of the Ticket provided by the Organiser or a third party engaged by the Organiser. From the moment the Ticket is made available to the Visitor, the risk of the loss, theft, damage or misuse of the Ticket therefore lies with him/her.
3.6 A Ticket consisting of a QR code is provided to the Visitor by electronic communication (email). The Organiser will ensure that this Ticket can be provided electronically in a safe manner. The Organiser cannot guarantee the confidentiality of the provided Ticket nor that the Ticket will be received.
3.7 The Visitor is obliged to keep the Ticket for the Event for him or her self and must not resell it to third parties, offer it for sale, or offer it for commercial purposes, unless the Parties have agreed otherwise, for example where Tickets are given away as part of a promotion.
ARTICLE 4. LIABILITY
4.1 The Organiser is not liable for (i) damage, directly or indirectly suffered by the Visitor, (ii) consequential damage, (iii) personal injury and (iv) damage due to theft or loss, destruction or any cause whatsoever unless intent or gross negligence on the part of the Organiser can be blamed or if a statutory provision states that the damage is at the risk of Organiser.
4.2 If it is established in court that the Organiser is liable for the damage caused, then this is limited to the actual damage suffered by the Visitor and the direct damage paid out by the Organiser’s insurance. If no payment is made by the insurer, then the liability of the Organiser is limited to a maximum of € 1000.
4.3 The Organiser is not liable for any damage if this is caused by a shortcoming in performance that is the result of force majeure. Force majeure is present if the shortcoming is the result of circumstances beyond the control of Organiser, including but not limited to war or similar situations, revolt, strike, occupation, illness of employees of the Organiser, shortcomings of suppliers hired by the Organiser and/or transporters, measures taken by the government, production ban, bad weather, fire and explosion.
4.4 The Organiser is not liable for damage to, loss or theft of, personal belongings belonging to the Visitor in the broadest sense of the word. Entering the Location and attending the Event is at the Visitor’s own risk, in the sense that the Organiser accepts no liability for damage caused by such entering or attending, such as to damage to the Visitor’s hearing, face and other physical or psychological disorders.
ARTICLE 5. INTELLECTUAL PROPERTY RIGHTS AND PHOTOGRAPHS AND FILM RECORDINGS
5.1 All intellectual property rights relating to the Event, the name, the (image) brands and any text and (advertising) music for the Event shall remain with the Organiser. Visitors are not permitted to make them publicly available directly and indirectly and/or to copy them and/or to use them in any other way, except with the prior written consent of the Organiser.
5.2 The Visitor is aware of and agrees that the Organiser may make (or have made) image and/or sound recordings during the Event which may include the Visitor, and that the Organiser can make use of these recordings including making them public or allowing them to be made public or otherwise use them, including but expressly not limited to publishing them in a magazine published by the Organiser and/or on a website operated by it and/or any other publication on any medium whatsoever in the context of promotional purposes of the Organiser, the Event and/or third parties (such as partners, advertisers or sponsors of the Organiser and the Event).
ARTICLE 6. RULES OF CONDUCT
6.1 The Visitor is expected to behave respectfully towards other visitors, commercial partners of the Event and the Organiser during the Event. The Organiser is not liable for the actions of the Visitor. In the case of misconduct the Organiser has the right to immediately exclude the Visitor from the Event and to recover from him/her any damages incurred.
6.2 The Visitor is obliged to comply with the regulations and/or instructions of Organiser, the Location, the fire brigade and other authorised persons.
ARTICLE 7. PRIVACY
7.1 The Organiser respects the privacy of all Visitors. Personal details of Visitors who have purchased a Ticket online are treated and secured with the utmost care by the Organiser. The Organiser adheres to the Personal Data Protection Act and has reported the processing of personal data to the Dutch Data Protection Authority in The Hague.
7.2 The Organiser is responsible for the processing of the personal data that are collected when concluding an Agreement or when an order is placed for the purposes of implementing the Agreement between the Organiser and the Visitor or for maintaining proper records of all customers including Visitors, such records include the age, gender and interests of the customers which allows the Organiser to build a profile of their customers, on the basis of which it can adapt its products, services and offers to the needs of its customers, including Visitors, and to be able to offer its customers, including Visitors, offers from the Organiser.
7.3 The Visitor has been informed about and agrees to the collection and processing of personal data and the use that can be made thereof by the Organiser as referred to in Article 7.2 and the Visitor agrees to the Privacy statement published on among others www.misset.com/privacy
7.4 The Visitor may view his/her personal data at any time and request that it be amended, supplemented or deleted by sending an email to email@example.com or by sending a letter to Misset Uitgeverij B.V., for the attention of the Customer Service Department, PO Box 4, 7000 BA, Doetinchem, the Netherlands.
ARTICLE 8. ADDITIONAL PROVISIONS
8.1 Additions or changes to the Agreement or these Terms and Conditions can only be made in writing.
8.2 Dutch law applies to the Agreement and these Terms and Conditions. Disputes arising from the Agreement and/or these Terms and Conditions will only be submitted to the competent court in the district of Amsterdam, the Netherlands.
© 2019 Misset Uitgeverij BV
GENERAL TERMS AND CONDITIONS FOR EXHIBITORS AND SPONSORS OF EVENTS
ARTICLE 1. DEFINITIONS AND APPLICABILITY
1.1 In these General Terms and Conditions the following definitions apply:
(i) Agreement: the relevant agreement for participation in or sponsorship of an Event, in the form of an order confirmation between the Organiser and the Sponsor or Exhibitor regarding, among other things, the holding of Stand Space during the Event;
(ii) Event: the event, fair, congress or other happening in respect of which the Agreement has been concluded;
(iii) Exhibitor: the person who has entered into an Agreement with the Organiser to take part in an Event and has paid for Stand Space at the Event;
(iv) Location: the location where the Event takes place;
(v) Organiser: Misset Uitgeverij B.V., registered in Amsterdam and with offices at Hanzestraat 1, 7006 RH, Doetinchem, the Netherlands, registered with the Chamber of Commerce under number 72187468, VAT number: NL 859021166B01;
(vi) Promotion opportunities and services: the opportunities, expressed in monetary terms, made available to the Sponsor to bring its product, service or brand to the attention of the visitors to the Event other than by means of Stand Space;
(vii) Sponsor: the legal person who has entered into an Agreement with the Organiser to sponsor the Event;
(viii) Sponsorship fees: the fee payable by Sponsor to Organiser pursuant to the Agreement for the use of the Stand Space and other agreed services, and for the general organisational services provided by, and to be provided by, the Organiser in connection with that Agreement;
(ix) Stand Space: the exhibition area in square meters that is made available to a Sponsor or an Exhibitor, the location and form of which is indicated by the Organiser;
(x) Terms and Conditions: these general terms and conditions for Exhibitors and Sponsors of Events organised by the Organiser.
1.2 These Terms and Conditions apply to the legal relationship between the Organiser and the Exhibitor or Sponsor. Unless otherwise stipulated, third parties cannot derive any rights from these Terms and Conditions. In cases not covered by these Terms and Conditions, the Organiser decides.
1.3 The applicability of any general conditions used by the Exhibitor or Sponsor is explicitly excluded.
1.4 These Terms and Conditions also apply if the Agreement is concluded through a third party intermediary appointed by the Organiser to mediate in the offering and renting of (reservations for) Stand Space.
ARTICLE 2. DATES, DURATION AND CANCELLATION
2.1 For each Event the Organiser decides the Location and duration, including the dates for construction of the Event, the duration of the Event itself and time allowed for dismantling.
2.2 If in the opinion of the Organiser special circumstances justify this, the Organiser may decide to change the given dates and/or the Location, or decide not to proceed with the Event. Special circumstances include market conditions and all other circumstances such as insufficient interest or realistic offers from Exhibitors or disagreement within the branch concerned which after careful consideration the Organiser believes could jeopardise the success of the Event.
2.3 In the event of changes to the set dates and/or Location, the Agreement will remain in full force. If the Organiser decides not to proceed with the Event, the Exhibitor or Sponsor will remain liable to pay in full the costs incurred at its request by or through the Organiser in connection with its participation in or sponsoring of the Event.
2.4 Under no circumstances has the Exhibitor or Sponsor any right to any compensation from the Organiser in connection with a decision as described in paragraph 2 of this Article, nor can it claim compensation from the Organiser for any costs incurred.
2.5 Participation by the Exhibitor or Sponsor can be refused at any time, for example if the invoice for participation is not paid prior to the Event.
2.6 The Exhibitor or Sponsor cannot unilaterally withdraw or modify a registration. The Organiser can grant a request for cancellation of the registration or sponsorship provided that the Exhibitor in question pays the appropriate cancellation fee. This fee amounts to at least € 150 to cover administration costs in the event of cancellation of a registration after receipt of the registration form; plus 75% of the participation costs for cancellation up to 2 months before the construction day; and 100% of the participation costs in the event of cancellation less than 2 months before the construction day plus the VAT due and any additional costs.
2.7 A cancellation request can only be made in writing by registered mail; the date on the registration form is decisive for the time of cancellation.
2.8 If the Exhibitor is unable to participate in the Event, it is entitled to allow a replacement to participate in the Event in its place, provided it has the prior consent of the Organiser.
2.9 If special circumstances arise, outside the Sponsor’s control, which prevent the Sponsor from making use of the Stand Space it is entitled to cancel the Agreement up to 6 months before the start of the Event. In this case the Sponsor will owe 20% of the total amount of Sponsor Money, as well as any other costs incurred at its request by or through the Organiser in connection with the sponsorship, plus any one-off registration fee. In the event of cancellation within 4-6 months before the start of the Event, the cancellation fee will be 50% of the Sponsorship money plus other costs and any one-off registration fee. In the event of cancellation within 0-4 months before the start of the Event, the cancellation fee will be 100% of the Sponsorship money plus other costs and any one-off registration fee.
ARTICLE 3. STAND SPACE
3.1 Exhibitors or Sponsors can participate in an Event by registering in the manner determined by the Organiser for that Event.
3.2 Registrations will be treated, if need be per sector, in order of submission.
3.3 Exhibitors and Sponsors are entitled to use the Stand Space determined by the Organiser for the agreed period. The exact location and size of the Stand Space as determined by the Organiser is binding. Cancellation can only take place on the grounds set out in Article 2.
3.4 When determining the location and size of the Stand Space as referred to in paragraph 2, the Organiser will take into account as much as possible any wishes expressed by the Exhibitor or Sponsor. However, the Organiser is never obliged to honour the preference(s) expressed by the Exhibitor or Sponsor and can allocate Stand Space at its own discretion.
3.5 If special circumstances arise which the Organiser, at its sole discretion, deems make this necessary, the Organiser is entitled at any time before the start of the Event to change the location of the Stand Space allocated to the Exhibitor or Sponsor. The Neither Exhibitor nor Sponsor can claim any compensation for any damage, directly or indirectly suffered, in connection with the provisions of this paragraph.
3.6 When constructing, setting-up and dismantling the Stand Space, the Exhibitor or Sponsor must comply with the (safety) regulations laid down in these Terms and Conditions, as well as any other regulations and instructions passed on by the Organiser on behalf of the Location and any other government or fire regulations.
3.7 Utilities that are necessary for the design of the Stand Space are arranged by the Exhibitor or Sponsor. Specific requests must be communicated to the Organiser in writing no later than 2 weeks prior to the Event, however the Organiser has the right not to honour specific requests and any associated costs will be passed on to the Exhibitor.
3.8 From the moment the Event opens, the Stand Space must be set up in such a way that it is in accordance with the overall appearance of the Event and the Location.
ARTICLE 4. ADDITIONAL SERVICES
4.1 The Organiser may provide additional services to the Exhibitor or Sponsor for the benefit of the Event, such as providing various forms of publicity and providing various activities. These Terms and Conditions apply mutatis mutandis to the (additional) Agreement(s) entered into regarding such additional services. If third parties are engaged to provide these services, the delivery conditions of these third parties also apply, unless otherwise stated.
4.2 Other than in instances of intent or gross negligence, the Organiser accepts no liability whatsoever towards the Exhibitor or Sponsor for the provision of additional services.
ARTICLE 5. PAYMENT
5.1 The Exhibitor or Sponsor is liable for all costs owed to the Organiser that are in any way related to its participation, regardless of whether these costs were incurred by the Exhibitor or Sponsor itself or by third parties, acting in its name.
5.2 With regard to the Sponsorship money, 50% of the invoice must be paid at the time of confirmation of the assignment and the remaining 50% four (4) weeks before the start of the Event.
5.3 Payment of the costs for participation in the Event, the costs for the rental of Stand Space, any additional services and all other payments must be made within 30 (thirty) days of the date of the invoice, with due observance of the provisions of paragraph 2 of this Article. The invoice for the rental of Stand Space will be sent by the Organiser to the Exhibitor before the Event takes place. The Exhibitor will be sent an invoice for any extra facilities and/or services after the Event.
5.4 In the event of late payment of any amount owed to the Organiser, statutory interest will be charged from the moment on which the claim becomes due and payable. Collection costs are at the expense of the Exhibitor or Sponsor whereby the extrajudicial collection costs are set at 15% of the principal sum.
ARTICLE 6. ACCESS TO THE LOCATION
All Exhibitors or Sponsors are obliged to wear a special exhibitor pass, provided to them by the Organiser, whilst at the Location. Neither Exhibitors nor Sponsors will be allowed access to the Location without a pass. These passes are only valid on the day of the Event. The exhibitor passes will be sent by the Organiser to the Exhibitor or Sponsor prior to the Event, or may be collected on the day of the Event at the registration desk at the entrance to the Event. The Exhibitor or Sponsor must ensure that everyone belonging to its company has an exhibitor pass before they enter the Location.
ARTICLE 7. INTELLECTUAL PROPERTY RIGHTS AND PICTURE AND FILM PHOTOGRAPHS
7.1 All intellectual property rights relating to the Event, the name, the (image) brands and any text and (advertising) music for the Event shall remain with Organiser. The Exhibitor or Sponsor is not permitted to make this publicly available either directly or indirectly and/or to reproduce and/or to use them in any other way, except with the prior written consent of the Organiser.
7.2 The Exhibitor or Sponsor is aware of and agrees that the Organiser may make (or have made) image and/or sound recordings during the Event which may include the Exhibitor or Sponsor and that the Organiser can make use of these recordings including making them public or allowing them to be made public or otherwise use them, including but expressly not limited to publishing them in a magazine published by the Organiser and/or on a website operated by it and/or any other publication on any medium whatsoever in the context of promotional purposes of the Organiser, the Event and/or third parties (such as partners, advertisers or sponsors of the Organiser and the Event). The Exhibitor or Sponsor cannot derive any rights from these recordings.
ARTICLE 8. LIABILITY
8.1 The Organiser is not liable for damage directly or indirectly suffered by the Exhibitor or Sponsor, (visitor, supplier or employee of the Exhibitor or Sponsor included) consequential damage, personal injury and damage due to theft or loss, or destruction (whatever the cause) unless such damage can be shown to have been caused by intent or gross negligence on the part of the Organiser or if due to a legal provision such damage is at the risk of the Organiser.
8.2 If it is established in court that the Organiser is liable for the damage caused, then this is limited to the actual damage sustained by the Exhibitor or Sponsor and the direct damages paid out by the Organiser’s insurance. If no payment is made by the insurer, the liability of Organiser is limited to a maximum of one times the invoice amount that has been charged to the Exhibitor or Sponsor in connection with the Agreement provided this has been paid on time. The Organiser is not liable for indirect, consequential loss and/or damage of data, loss of profit, loss of turnover, missed savings, reduced goodwill, damage caused by business stagnation and damage as a result of third-party claims.
8.3 The Organiser is not liable for any damage if this is caused by a shortcoming in performance that is the result of force majeure. Force majeure is present if the shortcoming is the result of circumstances beyond the control of the Organiser, including but not limited to war or similar situations, revolts, strikes, occupations, illness of staff of the Organiser, shortcomings of suppliers hired by the Organiser and/or transporters, measures taken by the government, production bans, bad weather, fire and explosions.
8.4 The Organiser is not liable for damage to or loss or theft of goods in the broadest sense of the word belonging to the Exhibitor or Sponsor.
8.5 The Exhibitor or Sponsor can in no way hold the Organiser liable for any expected visitor numbers and possible sales proceeds for the Exhibitor or Sponsor.
ARTICLE 9. RULES OF CONDUCT
9.1 The Exhibitor or Sponsor are expected to behave respectfully towards the visitors and the Organiser during the Event. The Organiser is not liable for the actions of the Exhibitors, Sponsors or the visitors. In case of misconduct, the Organiser is entitled to immediately exclude the Exhibitor or Sponsor from the Event and the Organiser has the right to recover any damages incurred.
9.2 Exhibitors and Sponsors are also expected to act with respect towards the Organiser and the Event on all forms of social media or in other media.
9.3 The Exhibitor or Sponsor are obliged to comply with the regulations and/or instructions of the Organiser, the Location, the fire brigade and other authorised persons.
ARTICLE 10. PRIVACY
10.1 The personal details of the Exhibitor or Sponsor are included in a database and processed by and under the responsibility of the Organiser. The Organiser will ensure that the personal data is handled with care and will take appropriate technical measures to protect this data against any form of unlawful processing.
10.2 The Organiser records the details of Exhibitors and Sponsors for the implementation of the Agreement for participation or sponsorship and in order to be able to inform them about the (other) products and services provided by the Organiser. Storage and processing shall take place in accordance with the applicable privacy statement as published on the website of the Organiser as well as the provisions of the Personal Data Protection Act and General Personal Data Regulation.
10.3 The Exhibitor or Sponsor has been informed of and agrees to the collection and processing of personal data and the use that can be made thereof by the Organiser as referred to in Article 10.2 and further agree to the Privacy statement published on, among other things, www.misset.com/privacy
10.4 Exhibitors and Sponsors can view their personal data at any time and request that such data be amended, supplemented or deleted by sending an email to firstname.lastname@example.org or by addressing a letter to Misset Uitgeverij B.V., for the attention of the Customer Service Department, PO Box 4, 7000 BA, Doetinchem, the Netherlands.
ARTICLE 11. ADDITIONAL PROVISIONS AND GOVERNING LAW
11.1 Additions or changes to the Agreement or these Terms and Conditions can only be made in writing.
11.2 Dutch law applies to the Agreement and these Terms and Conditions. Disputes arising from the Agreement and/or these Terms and Conditions will only be submitted to the competent court in the district of Amsterdam, the Netherlands.
© 2019 Misset Uitgeverij B.V.