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Terms and Conditions

Definitions

1. Books to the Future: Books to the Future, established in Amsterdam, Chamber of Commerce no. 85873470.
2. Customer: the party which Books to the Future has entered into an agreement with.
3. Parties: Books to the Future and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

 

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of
services or products by or on behalf of Books to the Future.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the
customer or of third parties.

 

Prices

1. All prices used by Books to the Future are in euros, are inclusive of VAT and exclusive of any other costs such as
administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed
otherwise.
2. Books to the Future is entitled to adjust all prices for its products or services, shown in its shop, on its website or
otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Books to the Future could not foresee at the time of
making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3,
unless the increase is the result of statutory regulation.

 

Samples / models

If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is
an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied
conform to the sample or model.

 

Payments and payment term

1. Books to the Future may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed
amount.
2. The customer must have paid the full amount within , after delivery.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount
at the latest on the last day of the payment term, he is legally in default, without Books to the Future having to send
the customer a reminder or to put him in default.
4. Books to the Future reserves the right to make a delivery conditional upon immediate payment or to require adequate
security for the total amount of the services or products.

 

Consequences of late payment

1. If the customer does not pay within the agreed term, Books to the Future is entitled to charge an interest of 2% per
month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the
customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any
compensation to Books to the Future.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Books to the Future may suspend its obligations until the customer has met his
payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of
Books to the Future on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Books to the Future, he is still obliged
to pay the agreed price to Books to the Future.

 

Right of recovery of goods

1. As soon as the customer is in default, Books to the Future is entitled to invoke the right of recovery with regard to the
unpaid products delivered to the customer.
2. Books to the Future invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return
the products concerned to Books to the Future, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.

 

Right of withdrawal

1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason,
provided that:

  • the product has not been used
  • it is not a product that can spoil quickly, like food or flowers
  • the product is not specially tailored for the consumer or adapted to its special needs
  • it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
  • the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
  • the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
  • the product is not a separate magazine or a loose newspaper
  • the consumer has not renounced his right of withdrawal

2. The cooling-off period of 14 days as referred to in paragraph 1 commences:

  • on the day after the consumer has received the last product or part of 1 order
  • as soon as the consumer has received the first the product of a subscription
  • as soon as the consumer has confirmed the purchase of digital content via the internet

3. The consumer can notify his right of withdrawal via info@bookstothefuture.xom, if desired by using the withdrawal
form that can be downloaded via the website of Books to the Future, www.bookstothefuture.com.
4. The consumer is obliged to return the product to Books to the Future within 14 days after the notification of his right
of withdrawal, after which period his right of withdrawal will lapse.

 

Reimbursement of delivery costs

1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according
to the law, Books to the Future will refund these costs to the consumer within 14 days of receipt of the timely appeal
to the right of withdrawal, provided that the consumer has returned the product to Books to the Future in time.
2. The costs for return are only reimbursed by Books to the Future if the complete order is returned.

 

Reimbursement of return costs

If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the
complete order will be borne by the consumer.

 

Suspension of obligations by the customer

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

Right of retention

1. Books to the Future can appeal to his right of retention of title and in that case retain the products sold by Books to
the Future to the customer until the customer has paid all outstanding invoices with regard to Books to the Future,
unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes
payments to Books to the Future.
3. Books to the Future is never liable for any damage that the customer may suffer as a result of using his right of
retention of title.

 

Settlement

The customer waives his right to settle any debt to Books to the Future with any claim on Books to the Future.

 

Retention of title

1. Books to the Future remains the owner of all delivered products until the customer has fully complied with all its
payment obligations with regard to Books to the Future under whatever agreement with Books to the Future
including of claims regarding the shortcomings in the performance.
2. Until then, Books to the Future can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise
encumber the products.
4. If Books to the Future invokes its retention of title, the agreement will be dissolved and Books to the Future has the
right to claim compensation, lost profits and interest.

 

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Books to the Future unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, Books to the Future has the right to suspend its obligations until the agreed
price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by
Books to the Future.

 

Delivery period

1. Any delivery period specified by Books to the Future is indicative and does not give the customer the right to
dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in
writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an
(electronic) confirmation of his order from Books to the Future.
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the
contract, unless Books to the Future cannot deliver within 14 days after the customer has urged him to do so in
writing or if the parties have agreed upon otherwise.

 

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

Transport costs

Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

 

Packaging and shipping

1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the
forwarder or delivery person before receiving the product. In the absence of which Books to the Future may not be
held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the
packaging prior to the transport to Books to the Future, failing which Books to the Future cannot be held liable for
any damage.

 

Insurance / Storage

1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the
customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

 

Guarantee

1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes
made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be
established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on
to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or
of a third party who receives the product for the benefit of the customer.

 

Indemnity

The customer indemnifies Books to the Future against all third-party claims that are related to the products and/or
services supplied by Books to the Future.

 

Complaints

1. The customer must examine a product or service provided by Books to the Future as soon as possible for possible
shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the
agreement, the customer must inform Books to the Future of this as soon as possible, but in any case within 1 month
after the discovery of the shortcomings.
3. Consumers must inform Books to the Future of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Books to the Future is able to
respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Books to the Future being forced to perform
other work than has been agreed.

 

Giving notice

1. The customer must provide any notice of default to Books to the Future in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Books to the Future (in time).

 

Joint and several Client liabilities

If Books to the Future enters into an agreement with several customers, each of them shall be jointly and severally
liable for the full amounts due to Books to the Future under that agreement.

 

Liability of Books to the Future

1. Books to the Future is only liable for any damage the customer suffers if and insofar as this damage is caused by
intent or gross negligence.
2. If Books to the Future is liable for any damage, it is only liable for direct damages that results from or is related to the
execution of an agreement.
3. Books to the Future is never liable for indirect damages, such as consequential loss, lost profit, lost savings or
damage to third parties.
4. If Books to the Future is liable, its liability is limited to the amount paid by a closed (professional) liability insurance
and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to
the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only
approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of
any obligation.

 

Expiry period

Every right of the customer to compensation from Books to the Future shall, in any case, expire within 12 months
after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:
89 Dutch Civil Code.

 

Dissolution

1. The customer has the right to dissolve the agreement if Books to the Future imputably fails in the fulfillment of his
obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor
significance.
2. If the fulfillment of the obligations by Books to the Future is not permanent or temporarily impossible, dissolution
can only take place after Books to the Future is in default.
3. Books to the Future has the right to dissolve the agreement with the customer, if the customer does not fully or timely
fulfill his obligations under the agreement, or if circumstances give Books to the Future good grounds to fear that the
customer will not be able to fulfill his obligations properly.

 

Force majeure

1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Books to the Future in the fulfillment
of any obligation to the customer cannot be attributed to Books to the Future in any situation independent of the will
of Books to the Future, when the fulfillment of its obligations towards the customer is prevented in whole or in part
or when the fulfillment of its obligations cannot reasonably be required from Books to the Future .
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such
as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other
third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes,
government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Books to the Future cannot fulfill one or more obligations
towards the customer, these obligations will be suspended until Books to the Future can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the
agreement in writing in whole or in part.
5. Books to the Future does not owe any (damage) compensation in a situation of force majeure, even if it has obtained
any advantages as a result of the force majeure situation.

 

Modification of the agreement

If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement
its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.

 

Changes in the general terms and conditions

1. Books to the Future is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Books to the Future with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and
conditions.

 

Transfer of rights

1. The customer cannot transfer its rights deferring from an agreement with Books to the Future to third parties without
the prior written consent of Books to the Future.
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

 

Consequences of nullity or annullability

1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other
provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Books
to the Future had in mind when drafting the conditions on that issue.

 

Applicable law and competent court

1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Books to the Future is established is exclusively competent in case of any
disputes between parties, unless the law prescribes otherwise.

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