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1.
Scope
The following Terms and Conditions apply to all editions of
the ULTRAMARIN Dictionary on CD-ROM ("Dictionary")
distributed by Stichting Media/Art/Investigations ("M/A/I",
"us") to our customer(s) ("you").
2.
Acceptance of Order
No contract will subsist between M/A/I and our customer(s)
for the sale by M/AI/ to you of any Dictionary unless we accept
your order. Other than as set out in paragraph 10, that acceptance
will occur when we despatch the goods to you, notwithstanding
any prior communications between us. We reserve the right
to require a written order form from you before accepting
your order.
3.
Pricing and Taxes
All prices may be subject to change without prior notice.
However, we endeavour to regularly update all publicly available
sources of price information to ensure that you have accurate
information available to you when you order.
Prices
include VAT. VAT is shown only on invoices to customers in
the Netherlands. All other customers are treated as exempt
from VAT. Delivery charges are charged separately, i.e.
- within the European Union: 2,50€
- outside the European Union will be informed about the shipping
costs depending on the mode of shipment. Customers will be
asked to chose and confirm the mode of shipment.
4.
Payment
Modes of payment are either by prepayment, cash on delivery
or upon invoice. M/A/I reserves the right to determine the
mode of payment. Except for COD M/A/I can only accept payment
of the amount in the currency stated to the account shown
on the invoice. No other payment (cheque, credit card, PayPal,
etc.) will be accepted. All transfer costs are at the expense
of the customer.
M/A/I's invoices are due for payment 21 days from their date.
We reserve the right to charge for costs and expenses incurred
in recovering late payments, and to charge interest on overdue
amounts at the rate in force pursuant to the Late Payment
of Commercial Debts (Interest) Act 1998 as at the due date.
5.
Delivery
Within the European Union dictionaries are delivered using
first class post, unless otherwise stated. We aim to despatch
within reasonable time after receiving your order. We cannot
guarantee the availability of any Dictionary and will inform
you if the Dictionary you have ordered is not available or
when to expect shipment. All costs and delivery details will
be provided in the despatch note and/or invoice.
6.
Refunds
We will refund the price that you paid for any Dictionary
which is unsuitable for your needs if it is returned to us
in its original condition within 28 days from the date of
invoice. The refund will be made to you on our receipt of
the Dictionary, provided that our seal on the CD-ROM-case
(jewel or DVD) and the case are unbroken.
If
the Dictionary is returned because we sent it to you in error
or because it is faulty, we will also refund any delivery
charge which you have paid to us and any reasonable delivery
cost incurred by you in returning the Dictionary to us. In any
other situation you will be responsible for the delivery costs
of returning the Dictionary to us. For your own protection, we
recommend that you use a recorded-delivery service when returning
any Dictionary to us, so that you have proof of return. Please
note that we will not refund any priority, express or courier
element of any delivery charge.
7.
Right to Cancel
By law, you have the right to cancel your purchase within
seven working days of the day after the date on which you
receive the Dictionary.
On
receipt of the Dictionary in its original condition we will
refund to you the price that you paid for the Dictionary.
Please note our policy on refunding delivery charges, as set
out in paragraph 6 above.
8.
Reliance on our Dictionaries
The contents of any of our Dictionaries do not constitute
advice and should not be relied on in taking, or refraining
from taking, any decision or action. Our Dictionaries should
not be used as a substitute for taking legal advice from a
suitably qualified lawyer.
To
the extent permitted by law, we shall not be liable for any
loss or damage (direct, indirect or consequential) arising
out of or in connection with any use of, or inability to use,
all or any of our Dictionaries or any decision or action taken,
or refrained from being taken, as a result of the use of any
of our Dictionaries.
9.
Data Protection
All personal information which we hold about you will be used
only for customer administration. Information will be kept
and treated in confidence for as long as required by law.
10.
Special Trading Terms
Any supply to a bookseller, wholesaler or other distributor
under favourable trading terms will be subject to a separate
supply agreement negotiated with that organisation.
11.
Changes
We reserve the right to amend these Terms and Conditions from
time to time. Customers are neither informed about such changes
nor are they subject to them unless they place a new order.
12.
Governing Law and Jurisdiction
Contracts for the supply of Dictionaries between us will be
concluded in the English language, shall be construed in accordance
with the laws of the European Union.
Westernieland, April 2010
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