Terms & conditions
1. Definitions, Scope of Application
1.1 The following Standard Terms & Conditions of Business (“Terms & Conditions”) apply to the use of the web shop at www.expressionsfornanagersbooks.com (“Webshop”), as well as to the purchase contracts concluded at the Webshop, and to all related services provided by Seevanck (“Seevanck”).
1.2 As used in these Terms & Conditions, the term “Customer” shall refer to users of the Webshop and to buyers of print products at the Webshop. The term “Buyer” is additional tot Customer and refers also to parties that are organizations or resellers.
1.3 Any terms of business laid down by the Customer which diverge from these Terms & Conditions shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is hereby expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Seevanck has expressly confirmed same in writing.
2. Our Performance
2.1 In the Webshop, Seevanck offers books. The specific items and prices or subscription terms can be gathered from the details provided in each case at the Webshop.
3. Use of the Webshop
3.1 Customers intending to place orders at the Webshop must first register to use the Webshop.
3.2 The fundamental requirement for registering is that the Customer is of age and that he or she has full legal capacity.
3.3 The personal data requested during registration must be true and correct. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Webshop.
3.4 By sending off the completed registration form, the Customer is submitting a proposal to conclude an agreement on accessing and using the Webshop. Subsequently, the Customer will be sent a confirmation email containing his or her personal access data. This confirmation email constitutes Seevanck’s acceptance of the Customer’s proposal. In this way, an agreement on the use of the Webshop will be formed.
3.5 Seevanck is entitled to turn down individual registrations for the Webshop without stating any reasons.
4. Access Data
4.1 The access data (email address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If the Customer obtains knowledge of any misuse of access data, or simply suspects such misuse, he or she must immediately report this to us. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorization. The Customer’s liability for further actions taken by third parties shall lapse as soon as he or she has informed Seevanck about the unauthorized usage of access data or their loss, and has changed his or her password, if necessary.
(b) if access data (esp. the password) is disclosed without authority to do so,
Seevanck shall be entitled to temporarily or permanently block the Customer’s access data, and/or to finally and conclusively refuse the Customer access either with immediate effect or after a period of notice fixed at Seevanck’s own discretion, and/or to give extraordinary notice terminating the agreement on use with immediate effect. In any such case, the Customer may not re-register as a user of the Webshop without Seevanck’s express prior approval.
5. Purchase of Books
5.1 You, the Customer has the option of ordering individual issues of certain books by clicking on the relevant shopping cart button provided for the goods on offer, and by subsequently completing the order process.
5.2 By clicking on the “Order Now” button, the Customer submits a proposal to conclude the relevant contract. Seevanck accepts this proposal by sending order confirmations by email, whereupon the contract is formed. Seevanck is under no obligation to accept the Customer’s proposal. Seevanck’s confirmation of receipt of an order does not constitute a binding confirmation of the actual order.
5.3 You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
5.4 To exercise the right of withdrawal, you must inform us at info @ seevank.com. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5.5 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back.
6. Terms of Delivery for Print Products
6.1 The books shall be dispatched to the Customer. The Customer shall pay the normal shipping costs. During the order process, the Customer’s attention will be expressly drawn to this fact and to the actual shipping costs payable.
6.2 Books supplied by the Seevanck shall only be delivered on firm account and at the cost and risk of the Buyer from the place of consignment determined by the Seevanck. Any other agreements shall only be valid if confirmed by the Seevanck in writing. The Seevanck reserves the right to require advance payment before delivering goods. Delivery dates shall only be binding if confirmed by the Seevanck in writing.
6.3 Seevanck is entitled to make part-deliveries.
6.4 All consignments shall be made at the Buyer’s risk from the moment of dispatch, even if the goods are destroyed or damaged accidentally or by force majeure. The Seevanck shall not replace any consignments lost or damaged during transport. In order to safeguard his or her interests, the Buyer must therefore report any damage to the relevant postal authority, forwarding agent or railway company body within the time limits specified by these bodies.
6.5 On exercising the revocation right, the Customer shall pay the standard cost of returning the goods.
7. Reservation of title
7.1. The delivered goods shall remain the property of Seevanck until all existing principal and subsidiary claims arising from past and future deliveries have been settled.
7.2. If the Buyer resells the goods, the Buyer shall reserve his or her conditional title to the goods to which title is reserved vis-à-vis his or her customers until said customers have paid the purchase price in full.
7.3. By way of security, the Buyer hereby assigns to Seevanck all of his or her claims from the resale of the goods to which title is reserved. Seevanck accepts this assignment.
7.4. In the event that the Buyer includes the claims arising from the resale of the goods to which title is reserved in a current account relationship with a third party, the periodic balance acknowledged in each case after the balancing of accounts of the individual current account claims shall be deemed to have been assigned to Seevanck. The same applies to the final balance upon termination of the current account relationship if the periodic balance is transferred to the current account. Seevanck also hereby accepts this assignment. In the event that claims on the part of the Seevanck are included in an existing current account relationship with the Buyer, the agreed reservation of title shall be deemed as security for the balance due to Seevanck. The Buyer is obliged to notify Seevanck without delay if the goods to which title is reserved or the claims resulting from the resale of the goods are transferred to a third part. At Seevanck’s request, the Buyer shall notify Seevanck of the debtors of the assigned claims, the exact amount due and the date upon which the claims arose.
Seevanck shall be entitled to disclose the assignments and to collect the claims itself. After full payment of all of the Seevanck’s claims arising from business dealings with the Buyer, the goods to which title is reserved shall automatically become the property of the Buyer
8. Prices, Terms of Payment
8.1 The prices for the individual goods are stated in the respective presentation of each item.
8.2 All the prices quoted in the Webshop include turnover tax at the rate in force at the time.
8.3 Unless otherwise agreed, payment for an individual order of a print product must be made in advance and shall fall due for payment immediately on completion of the order.
8.5 The Customer shall be billed electronically for the goods and services ordered, and invoices shall be sent to the email address he or she has specified. If the Customer also wishes hard-copy invoices to be sent, Seevanck may charge a separate fee for this.
8.6 If the Customer fails to honor his or her payment obligations, or if any amounts paid are reverse-charged, Seevanck shall be entitled to block the Customer’s access to the Webshop and, if applicable, to Seevanck Link, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if the Customer balances the arrears, his or her access shall be reactivated.
8.7 Print products are delivered subject to retention of title. The goods delivered shall remain Seevanck’s property until such time as the purchase price has been paid in full.
9. Warranty and Liability
9.1 For goods (print products), there is a legal guarantee of conformity. Claims arising from that guarantee become statute-barred within two years after the goods have been received. Seevanck shall be held liable in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence; is due to the object of performance lacking a warranted characteristic; is based on a culpable breach of so-called “cardinal obligations;” results from the loss of life, limb, or health; or is covered by liability under product liability law.
9.2 Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner fundamentally may rely on being performed, and the breach of which jeopardizes attainment of the very purpose of the contract.
9.3 If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve the loss of life, limb, or health – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
9.4 In all other respects, liability towards Seevanck and Seevanck’s vicarious agents – for whatever cause in law – is hereby ruled out.
9.5 Any rights of warranty on the part of the Buyer presuppose that he or she examines the article of sale after delivery and informs the Seevanck of any defects in writing without delay, no later than two weeks after delivery; the Seevanck must be notified of any hidden defects without delay after such defects have been discovered.
9.6 Defects in part of the delivered articles of sale shall not entitle the Buyer to cancel the agreement unless a part delivery is of no interest to the Buyer. The same applies to the Buyer’s right to claim damages instead of the entire delivery.
9.7 Where damages sustained by the Customer result from loss of data, Seevanck shall not be held liable if such damage could have been avoided had the Customer regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.
10. Terminating the Account for the Webshop
10.1 The Customer may give notice terminating the agreement on use for the Webshop at any time.
10.2 After the agreement on use has terminated, the Customer shall no longer have any access to the Webshop.
10.3 Both parties reserve the right to give extraordinary notice for grave cause.
10.4 Notice of any such termination must be transmitted in text form. Please send your notice of termination by email to info @ seevanck.com.
11. Contract Document
11.1 Seevanck makes no provision for separate contract documents based on these Terms & Conditions. Seevanck therefore will not store “the contract document” that specifically relates to the Customer personally. When logged in to the Webshop however, the Customer will see the subscriptions taken out in his or her name.
12. Data Protection
13. Place of performance and place of jurisdiction
13.1 If the Customer is a registered trader, a public corporation or a special trust managing public assets, Amsterdam shall be the place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Seevanck and the Customer. In such event, Amsterdam shall be deemed to have been agreed as the place of performance.
13.2 The same shall apply if, subsequent to the conclusion of the contract, the Customer’s place of residence or habitual place of abode is located at some place outside the territory of the Netherlands or is relocated to such a place. This shall also apply if the Customer’s place of residence or habitual place of abode is not known at the time when legal action is filed.
13.3 Dutch law shall apply exclusively. Any application of CISG is hereby ruled out.
13.4 If any provision of these Standard Terms & Conditions of Business is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate for a clause that is to substitute the ineffective provision and that reflects the content of the original provision as closely as possible.