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General Terms of Business for delivery to consumers of ASN Books

 
 

Having its registered office and place of business in Wormerveer, The Netherlands

  

Article 1. Definitions

In these general terms, the words listed below shall have the following meanings:

’consumer’: the other party, which is a natural person and does not conduct a company or exercise a profession;

 ‘consumer purchase’: the purchase relating to a movable good, which is effected between a vendor who acts in the exercise of a profession or company, and a buyer, natural person, who does not act in the exercise of a profession or company.

 

Article 2. Applicability

 

  1. These terms shall apply to all offers and all agreements between ASN Books and a consumer to which ASN Books declared these terms applicable, insofar as parties have not expressly deviated from such  terms in writing.
  2. These terms also apply to agreements with ASN Books, for the execution of which third parties shall be involved.

 

Article 3. Offers and import duties

 

  1. All offers made by ASN Books shall be redeemed for a maximum term of 30 days.
  2. ASN Books cannot be bound by its offer if the consumer should have known that the offer or part thereof contains an apparent error or misprint.
  3. ASN Books is only bound by its offer if the consumer confirms the acceptance thereof in writing within 30 days. The prices stated in an offer are VAT inclusive and exclusive of shipping charges, unless stated       otherwise.
  4.  Offers and confirmations of orders are always exclusive of import duties of the country in which the customer is located and where the delivery shall take place. The customer shall therefore pay these import          duties upon receipt of the order.

 

Article 4. Delivery and right of revocation

 

  1. Unless agreed otherwise, delivery shall be made from warehouse of ASN Books in Wormerveer, The Netherlands.
  2.  The consumer is obliged to purchase the sold goods at the date that such goods are delivered to him or at the date that such goods are available to him according to the agreement.
  3.  In case the consumer fails to provide information or instructions necessary for the delivery, the items shall be stored for the risk of the consumer. The consumer shall in that case pay all additional costs, including storage costs.
  4.  The consumer is entitled to return the goods without giving reasons within a period of 10 working days, commencing on the date of receipt by or on behalf of the consumer.  An exception to this right of revocation concerns installed cd-roms in respect of which unique codes were used. The consumer is obliged to pay the full costs of the return shipment. The goods shall be returned undamaged and without traces of use. Any pre-payments by the consumer shall be reimbursed by ASN Books to the consumer within 30 days.

 

Article 5. Delivery time

 

  1. The products have a maximum delivery time of 40 days. If this delivery time is exceeded, ASN Books shall inform the consumer on this matter without delay and allow him to dissolve the agreement free of charge.
  2. Any payments made shall in case of dissolution of the agreement be reimbursed within 30 days after notification to the consumer.

 

Article. 6 Guarantee

 

  1. ASN Books guarantees that the goods sold by it do not contain any disturbing typographical and/or printing errors, defects in the material, design and manufacturing during a period guaranteed by the manufacturer of the relevant item.
  2.  If the guarantee mentioned in paragraph 1 applies and the delivered goods show a fault, ASN Books is obliged to replace or take back the goods within 35 days after being notified of such fault in writing by the consumer.
  3. The consumer may claim replacement of goods or dissolution of the purchase agreement only by reason of guarantee if the consumer demonstrates in the guarantee period that the goods contain or contained so many faults that they do not conform to the agreement and that such faults justify replacement or dissolution.
  4. The guarantee shall lapse if the consumer causes damage due to improper treatment of a guaranteed good.
  5. These guarantee conditions do not impair the rights of the consumer ensuing from the law or agreement.

 

Article 7. Retention of title

 

ASN Books shall remain full owner of the sold good until the date that the purchase price has been fully paid.

 

Article 8. Faults and terms for complaints

ASN Books undertakes that the delivered products meet the specifications listed. ASN Books shall reimburse the full purchase amount if it turns out within 30 days after delivery that the products have faults or shortcomings. The consumer may also request that ASN Books replace the delivered good or supply the missing part(s). Reimbursements shall be effected within 30 days after the consumer has lodged its complaint to ASN Books. The consumer is bound to lodge its complaint to ASN Books within a reasonable term after the fault was found, but no later than 25 days after having received the goods. The consumer shall return the products received immediately after notification and for the account of ASN.

 

Article 9. Price increase

 

  1. If ASN Books agrees with the consumer on a certain price, ASN Books is nonetheless entitled to increase the price if: a price increase takes place during the first three months after the agreement was closed; the consumer may dissolve the agreement regardless of the percentage of the increase. the price increase takes place later than three months after the agreement was closed; the consumer may dissolve the agreement if the price increase exceeds 5%.

 

Article 10. Payment

 

  1. Payment shall be made by means of one of the following options: payment via credit card (American Express, Euro/Mastercard & Visa) prior to shipment of the order payment into the bank account of ASN Books prior to shipment of the order the corresponding rates have been listed on the site under the caption shipping rates
  2. In case of bankruptcy or suspension of payments of the consumer, the claims of ASN Books and the obligations of the consumer vis-à-vis ASN Books are immediately due and payable.

 

Article 11. Collection costs

 

  1. Should the consumer be in default in fulfilling one or more of its obligations, all reasonable costs incurred in order to obtain compensation out-of-court shall be for the account of the consumer. The consumer shall in any event pay in case of a financial claim: on the first € 3.000,- 15% with a minimum of € 25,-
  2. Should the consumer be in default in fulfilling one or more of its obligations, all reasonable costs incurred in order to obtain compensation out-of-court shall be for the account of the consumer. The consumer shall in any event pay in case of a financial claim: von the first € 3.000,- 15%vwith a minimum of € 25,-
  3. In case ASN Books demonstrates that it has incurred higher costs that were reasonably necessary, these costs shall also qualify for compensation.

 

Article 12. Liability.

 

  1. The liability of ASN Books is limited to either the re-delivery of the good concerned or reimbursement of the purchase sum.
  2. With respect to faults in the delivered goods, the liability shall apply as provided by Article 6 of these general terms.

 

Article 13. Force majeure

 

  1. Force majeure under these general terms implies, in addition to what has been provided by the Law and case law, any external causes, foreseen or unforeseen, which are beyond the control of ASN Books but which prevent ASN Books from fulfilling its obligations, including strikes.
  2. ASN Books is also entitled to invoke force majeure if the circumstance that prevents (further) compliance commences after ASN Books should have fulfilled its obligation.
  3. During force majeure the obligations of ASN Books regarding delivery and otherwise shall be suspended. If the period in which ASN Books is unable to fulfil its obligations due to force majeure lasts more than 2 weeks, both parties are entitled to dissolve the agreement, without there being any obligation to pay damages in that case.
  4. If ASN Books, upon commencement of force majeure, has already fulfilled its obligations in part, or can fulfil its obligations only in part, it is entitled to invoice the part already delivered and/or the part that can be delivered separately, in which case the consumer is bound to pay the invoice as if it were a separate contract.

 

Article 14. Settlement of disputes

 

The court in the residence of ASN Books has exclusive jurisdiction to take cognisance of disputes, unless the cantonal court has jurisdiction. Nonetheless, ASN Books retains the right to summon the consumer to appear before the competent court in accordance with the law or convention.

 

Article 15. Applicable law

 

The law of the Netherlands shall govern all agreements between ASN Books and the consumer. The Vienna Sales Convention is expressly excluded.

 

Article 16. Alteration and registration

 

These general terms were filed at the office of the Chamber of Commerce Zaandam the Netherlands, under no. 56101333.

 

The last version filed and/or the version applicable at the time of the arrangement of the current transaction shall apply in each case.

 

Wormerveer, The Netherlands, June 2007.

 

ASN Books

Samsonweg 48, 1521 RM Wormerveer, The Netherlands

Phone: 00 31 75 6403541 – fax: 00 31 75 6401141

ING account: NL41INGB0004310350 (The Netherlands)

E-mail: info@asnbooks.com

 

Internet stores:  www.asnbooks.comwww.asnbooks.nl

 

Registration at the Chamber of Commerce in Zaandam, The Netherlands, under number 56101333.

 

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