General Terms and Conditions
These Terms and Conditions of Sale are applicable to all offers featured on the NAi Booksellers website and to all contracts concluded via the website between NAi Booksellers and the Customer regarding the delivery of books and related articles (hereafter: the Contract). Any terms and conditions, general or otherwise, maintained by the Customer – including purchase conditions – are hereby explicitly declined by NAi Booksellers and are not considered part of the Contract.
Definitions
In these Terms and Conditions of Sale, the following definitions apply: NAi Booksellers: the book retailer located at the NAi, Museumpark 25, Rotterdam, registered with the Rotterdam Chamber of Commerce (KvK), KvK number 60415673. Website: the Internet site where orders can be placed with NAi Booksellers by means of electronic communications. Customer: the natural person or legal entity that has concluded a contract with NAi Booksellers, via the latter’s Website, for the purchase of one or more products. The BTW (Netherlands VAT) Number of NAi Booksellers is NL001989181B55.
Prices
1. The sale of products shall be subject to the prices and rates listed on the Website at the time of the conclusion of the Contract. NAi Booksellers is not bound by prices agreed upon or made known by NAi Booksellers or its suppliers in any way other than on the Website for products ordered via the Website, unless otherwise explicitly agreed upon in writing between NAi Booksellers and the Customer.
2. All prices and rates charged by NAi Booksellers include VAT, unless otherwise explicitly indicated. Listed prices do not include shipping and handling costs, unless otherwise explicitly indicated.
3. Shipping and handling costs vary according to the volume and destination of the shipment. Shipping and handling rates are listed under Delivery.
4. NAi Booksellers retains the right to modify its prices for any reason. Modified prices and rates apply from the moment they are listed on the website. Publication of erroneous prices is excepted.
Offer, Order and Contracts
1. All offers by NAi Booksellers are non-binding. An offer on the website can be withdrawn by NAi Booksellers within two working days following the receipt of an order from the Customer, in which case no Contract is concluded.
2. The Contract is concluded when the Customer places an order via the Website and NAi Booksellers confirms in writing (via e-mail) that this order has been accepted.
3. The systems and records of NAi Booksellers are considered to provide an accurate representation of communications exchanged as well as orders, deliveries and payments effected, unless the Customer can present proof of the contrary.
4. The Customer may return a product (undamaged) to NAi Booksellers within 14 working days of receipt for a full refund. The Customer is liable for all shipping and handling costs for the return of the product. NAi Booksellers shall reimburse the Customer for the full amount within one month. This rule does not apply to highly specific items ordered on behalf of the Customer, or if another delivery date has been agreed upon.
5. Rule 4.4 is not applicable to newspapers and/or periodicals or deliveries for which returns are specifically excluded.
6. Should NAi Booksellers prove unable to deliver the items contracted within one month following the contracted delivery date, the Customer is entitled to cancel this order without further conditions.
Delivery
1. Products ordered shall be delivered to the Customer, to wit: delivery of the items to the address provided by the Customer, or, if the items cannot be delivered to this address or be deposited in a post box, delivery to an alternative address indicated in writing, specifying how the addressee can take possession of the items. Upon delivery, the Customer is liable for the items.
2. Should the Customer express the wish to pick up the products ordered at our bookshop located at the NAi, Museumpark 25, Rotterdam, NAi Booksellers shall apply a term of 3 weeks within which the Customer may pick up the products ordered during the bookshop’s business hours.
3. NAi Booksellers indicates on its Website when shipping of the items is initiated. The period indicated for processing upon receipt of your order, as well as any other time period listed on the Website for any service by NAi Booksellers, is explicitly for reference only and does not constitute a contractual deadline.
4. NAi Booksellers is legally entitled to suspend its fulfilment of any obligations to the Customer as long as the Customer has not fulfilled his/her obligations (including payment) to NAi Booksellers, for whatever reason.
Payment
1. In principle, invoicing by NAi Booksellers takes places concurrently with the delivery of the products ordered.
2. Payment must be made by the Customer to a bank account specified by NAi Booksellers within 2 weeks following delivery, unless (pre-) payment has already been effected via credit card, iDeal, PayPal or other method.
3. Except by written permission from NAi Booksellers, the Customer is not entitled to offset any payment obligation to NAi Booksellers through a claim against NAi Booksellers, for whatever reason.
4. NAi Booksellers retains the right to request, at any time, a pre-payment, automatic bank account debit, cash payment, or payment collateral from the Customer.
5. If payment is not effected with the specified deadline, the Customer is in default without notice and NAi Booksellers is legally entitled to charge the Customer legal interest from the due date. In this case, NAi Booksellers is further legally entitled to make a claim against the Customer for all actually incurred legal costs (including attorney fees) and extrajudicial collection costs, calculated according to the collection rate set by the Netherlands Bar.
Returns and Complaints; Return Shipments
1. The Customer must notify NAi Booksellers of any complaint concerning the products delivered, in writing and with a clear description of the complaint, within one week following delivery. Failure to provide such notification absolves NAi Booksellers of any liability for any defects in products and/or services delivered.
2. Should the Customer receive either a damaged product, or one other than the one ordered, the Customer is legally entitled to return this product to NAi Booksellers, or to exchange it for another product in the shop. The Customer is required to return the unwanted products in suitable packaging and to indicate the reason for a return in writing. Upon receipt of the returned products, NAi Booksellers, if it deems this to have been returned for a valid reason, shall deliver an undamaged product or the product that was ordered.
3. Should the Customer, for any reason, not wish to accept the product, he or she retains the right to return said product to NAi Booksellers, by post or in person in the shop, within 2 weeks following delivery. Return shipments shall be accepted only if the returned product is undamaged. The Customer is entirely liable for all costs of return shipments.
Liability and Indemnity
1. The presence of a defect does not entitle the Customer to any suspension or reduction of his payment obligations in regard to the product.
2. The total liability of NAi Booksellers for demonstrable failure in the fulfilment of the delivery of any service is limited to compensation for direct losses, up to an amount equal to the price stipulated for this service (excluding VAT).
3. The liability of NAi Booksellers for indirect losses, including consequential loss, lost profit, missed savings, loss from the suspension of business operations and any losses other than those specified in Article 8.2 is excluded.
Termination of the Contract
NAi Booksellers retains the right to terminate the Contract with the Customer, with immediate effect and without prior notice, by means of a written notification, if:
• the Customer, in spite of appropriate notice, demonstrably fails to meet the obligations incumbent upon him or her;
• the Customer is granted (provisionally or otherwise) a moratorium on payments, or the Customer is declared bankrupt;
• the Customer ceases, in whole or in part, and/or otherwise liquidates his or her business operations, or, without prior written permission from NAi Booksellers, significantly modifies his or her business activities or transfers these to a third party.
Retention of Title
NAi Booksellers retains title to all (moveable) items delivered to the Customer until such time as the Customer has fulfilled all obligations to NAi Booksellers under any agreement for the delivery of books or other products, including obligations related to the failure to fulfil such agreements.
Intellectual and Industrial Copyrights
The Customer is prohibited (and this applies, if necessary, as a supplement to NAi Booksellers copyrights or related rights) from reproducing, in whole or in part, any book or electronic product delivered and/or made available to the Customer by NAi Booksellers, or making such products or their reproductions public, without prior written permission from NAi Booksellers if this is done (I) for the benefit of a business, organization or institution, (II) for individual practice, study or use that is not of a strictly private nature or (III) for inclusion in a daily or weekly newspaper or periodical (including in digital form) or in a broadcast of a radio or television programme, unless explicitly stipulated otherwise in these Terms and Conditions of Sale.
Force Majeure
For NAi Booksellers force majeure includes any failure in the execution of the Contract that is not the fault of NAi Booksellers or attributable to NAi Booksellers by law, applicable jurisprudence or generally accepted standards, or is the result of the fact that a product ordered by the Customer is temporarily unavailable from NAi Booksellers or its supplier.
Applicable Law and Disputes
All contracts concluded by NAi Booksellers with the Customer are subject to Dutch law exclusively. All disputes related to the Contracts concluded by NAi Booksellers with the Customer shall be brought before a court in the Netherlands with proper jurisdiction.
Complaints
If you have an complaint, please contact us so we can sort it out. When it doesn’t lead to a solution it is possible (for European customers) to sign up for dispute mediation through the ODR platform by the European Commission. This ODR platform can be found at http://ec.europa.eu/odr.
