General Terms

  • 1. General Terms and Conditions Digital Products

    1.1 In these general terms and conditions,

    General Terms and Conditions: these general terms and conditions;

    Publishing House Hugh Vanner: The Sole Proprietorship Publishing House Hugh Vanner. with its registered office and principal place of business at Pieter Postplein 7, 32212 XK in Hellevoetsluis, The Netherlands;

    Customer: any legal or natural person who enters into an Agreement with Publishing House Hugh Vanner or who is negotiating with Publishing House Hugh Vanner about concluding an Agreement;

    Website: website on the Internet that is controlled or operated by Publishing House Hugh Vanner and through which Publishing House offers Hugh Vanner Digital Products;

    Digital Product: digital text, images, sound, music files (such as E-books, PDF files, MP3 files, MP4 files) that are emphatically not recorded on physical data carriers.

    Service: providing access to a restricted portion of a website managed or operated by Publishing House Hugh Vanner or a website inaccessible to the general public, owned or operated by Publishing House Hugh Vanner;

    User: a person registered with the Customer;

    Documentation: The information to be made available to the Customer by Publishing House Hugh Vanner in which the operation and use of the Digital Product is described;

    Agreement: every agreement that is concluded between Publishing House Hugh Vanner and the Buyer, any amendment thereto or addition thereto, as well as all (legal) acts for the implementation of that agreement and, in retrospect, all (legal) acts necessary for entering into that agreement. agreement;


    1.2 These General Terms and Conditions apply to all offers from Publishing House Hugh Vanner with regard to Digital Products to all Agreements. The applicability of any general terms and conditions used by the Customer is expressly rejected by Publishing House Hugh Vanner.


    1.3 Publishing House Hugh Vanner may change these Terms and Conditions. The amended version will come into effect as soon as it has been placed on the Website and has been filed with the Chamber of Commerce in Rotterdam. In that case, the amended general terms and conditions will form part of every Agreement concluded afterwards and of every Agreement concluded previously that is subsequently amended, renewed or extended.


    1.4 These General Terms and Conditions can be viewed, downloaded and printed by the Customer on all Websites.


    1.5 Where the expression 'in writing' is used in these General Terms and Conditions, this also includes communication by e-mail.

  • 2. Matches

    2.1 An offer or quotation does not bind Publishing House Hugh Vanner and only serves as an invitation to place an order. After accepting an offer or quotation, Publishing House Hugh Vanner is entitled to cancel it without stating reasons, up to two weeks after receipt thereof, in which case Publishing House Hugh Vanner is not obliged to more than refund any advance payment by the Customer.


    2.2 An Agreement is concluded by placing an order with Publishing House Hugh Vanner via the Website by the Customer and the acceptance and confirmation of this order by Publishing House Hugh Vanner by e-mail to the Customer when placing an order to Publishing House Hugh Vanner provided email address. Orally communicated changes are at the risk of the Customer. By placing an order as referred to above, the Customer accepts the applicability of these General Terms and Conditions.


    2.3 Between Publishing House Hugh Vanner and the Customer, the content of the order placed by the Customer as received by Publishing House Hugh Vanner is deemed to be correct. Input errors and other errors made when placing or sending the order are at the expense and risk of the Customer.


    2.4 Subject to the provisions of Article 1.3, amendments and additions to any provision in an Agreement or these General Terms and Conditions can only be agreed in writing in which this amendment or addition, subject to the provisions of Article 1.3, only applies to the Agreement concerned.

  • 3. Delivery

    3.1 Digital Products are provided by Publishing House Hugh Vanner by making them available online. Immediately after payment, Publishing House Hugh Vanner will send a download link to the E-mail address provided by the Customer. Link expires after 72 hours.


    3.2 All delivery terms and other terms used by Publishing House Hugh Vanner are target terms and therefore not strict deadlines.


    3.3 Publishing House Hugh Vanner is entitled to suspend the fulfillment of its obligations under any agreement with the Buyer towards the Buyer, as long as the Customer has not fulfilled all its (payment) obligations under any Agreement.


    3.4 Publishing House Hugh Vanner retains title to all Digital Products delivered by it to the Customer as long as the Customer has not fully complied with its (payment) obligations towards Publishing House Hugh Vanner under an Agreement, claims with regard to a shortcoming in including the fulfillment of Agreements.


    3.5 The Digital Products delivered or made available to the Customer by Publishing House Hugh Vanner and the required access codes, passwords and login codes are for the account off the Customer and risk from the moment of actual delivery to the Customer. From the moment that Publishing House Hugh Vanner offers the Digital Products through its logistics service provider or sends the access codes, passwords and login codes related to the Services by e-mail until the moment they are received by the Customer, Publishing House Hugh Vanner liability is limited to resend the Digital Products, access codes, passwords or login codes to the Customer.


  • 4. Prices and rates

    4.1 The sale, delivery and making available of the Digital Products and the provision of Services take place at the prices and rates applied by Publishing House Hugh Vanner at the time of the conclusion of the Agreement. All prices and rates charged by Publishing House Hugh Vanner are inclusive of government levies (KOR exempt from Tax; id-NL004054089B16)


    4.2 Publishing House Hugh Vanner reserves the right to change prices and rates. Changed prices and rates apply from the moment they are entered.

  • 5. Billing and Payment

    5.1 Invoices can be sent from the day of confirmation of an order or from the day on which the execution of an Agreement by Publishing House Hugh Vanner is started. Payment by the Customer must be made into a bank account designated by Publishing House Hugh Vanner. The Customer is not permitted to set off its payment obligation towards Publishing House Hugh Vanner against a claim of the Customer against Publishing House Hugh Vanner, for whatever reason.


    5.2 Irrespective of any statement to the contrary, payments by the Customer shall be deemed to have been made on debts in the following order: interest, (extra-) judicial collection costs, principal amounts owed (the older for the younger).


    5.3 Publishing House Hugh Vanner has the right to demand advance payment (digital) from the Customer at any time.


    5.4 The payment term referred to in Article 5.1 is a strict deadline. In the event of late payment, the Customer is in default and Publishing House Hugh Vanner is entitled to charge statutory commercial interest from the due date of the invoice and the Customer owes Publishing House Hugh Vanner extrajudicial costs, amounting to 15% of the outstanding invoices, with a minimum of € 100, without prejudice to the right of Publishing House Hugh Vanner to charge the Customer for the actual costs.


    5.5 In the event of non (timely) payment by the Customer or non-fulfilment or improper fulfillment of any obligation incumbent on the Customer, Publishing House Hugh Vanner is entitled to dissolve the agreement extrajudicially and to discontinue or suspend further deliveries of Digital Products and Services. , without prejudice to the right of Publishing House Hugh Vanner to claim compliance with or compensation for the damage suffered from the Customer as a result of the dissolution of the agreement.

  • 6. Complains and Right of Withdrawal

    6.1 The Customer must communicate complaints about the delivered Digital Products and Services to Publishing House Hugh Vanner within ten working days after delivery of the Digital Products via E-mail and with a clear description of the complaints. In the absence of such notification, any claim by the Customer against Publishing House Hugh Vanner with regard to defects in the Products and Services concerned will lapse.


    6.2 Before the distance contract is concluded, the text of the General Terms and Conditions is made available to the Customer electronically. These terms and conditions can be easily stored by the Customer on a durable data carrier.


    6.3 Publishing House Hugh Vanner does not offer the possibility to return digital products. This is included as a NOTE at the bottom of every description of digital products. Before purchasing, the Customer is actively asked to agree to the General Terms and Conditions for Digital Products. Therefore, no transaction will take place without the active consent of the Customer.


  • 7. Intellectual Property

    7.1 The Customer receives certain user rights with regard to a Digital Product that enable it to use the Digital Product. All copyrights and any other intellectual property rights as well as similar rights, including neighboring rights and rights to protect databases, information and or performance, with regard to or relating to the Services and Digital Products belong exclusively to Publishing House Hugh Vanner.


    7.2 No provision in these General Terms and Conditions or an Agreement extends to full or partial transfer to the Customer of rights as referred to in Article 7.1. The Customer acknowledges these rights and will refrain from any form of (in)direct infringement of these rights and infringement of the granted right of use, on pain of forfeiting a fine of € 1,000, payable in full, for each violation and each week that the violation continues. , without prejudice to Publishing House Hugh Vanner's rights in this regard, including the right to fulfillment and/or full 

    compensation.


    7.3 The Customer is not permitted to use any documentation or data carriers made available in or on Digital Products delivered to it and/or to it by virtue of the provision of Services by Publishing House Hugh Vanner regarding rights as referred to in Article 7.1 or change or remove any trademarks or trade names of Publishing House Hugh Vanner or third parties.


  • 8. Personal Data

    8.1 Publishing House Hugh Vanner records the Customer's data for the execution of agreements with the Customer and to provide the Customer with information about its activities, Digital Products, Services and offers.


    8.2 When using the Services, cookies may be sent to the computers of Users of the Service. Cookies can be refused or accepted and the User of the Service can be informed when a computer used receives a cookie by adjusting the settings of the browser used.


    8.3 Educational publishers, including Publishing House Hugh Vanner, who offer digital learning resources are very aware that underage pupils and young people are a vulnerable group, also when it comes to protecting their personal data. Publishing House Hugh Vanner acts in accordance with agreements within the trade association group of Educational Publishers.


    8.4 When the Customer entrusts personal data to Publishing House Hugh Vanner, the Customer remains the owner of this data. The customer can ask Publishing House Hugh Vanner to delete personal data.

  • 9. Availability, Malfunctions and Force Majeure

    9.1 The websites, Digital Products and services are composed with constant care and attention by Publishing House Hugh Vanner. Publishing House Hugh Vanner will make every effort to maximize the availability of the websites, Digital Products and services, as well as to remedy any malfunctions as quickly as possible.


    9.2 Force majeure of Publishing House Hugh Vanner is understood to mean any circumstance beyond the control of Publishing House Hugh Vanner, as a result of which the fulfillment of its obligations towards the Customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Publishing House Hugh Vanner. may be required, regardless of whether that circumstance was foreseeable at the time of the conclusion of the Agreement.


    9.3 If Publishing House Hugh Vanner is unable to fulfill its obligations towards the Customer due to force majeure, those obligations will be suspended for the duration of the force majeure situation. In the event of permanent force majeure, or if the force majeure situation has lasted for 1 month, both parties have the right to dissolve the Agreement in whole or in part in writing. In the event of force majeure on the part of Publishing House Hugh Vanner, the Customer is not entitled to any compensation or damages, not even if Publishing House Hugh Vanner is entitled to any advantage as a result of the force majeure.


  • 10. Liability, Indemnification and Forfeiture

    10.1 The liability of Publishing House Hugh Vanner is always limited to three times the amount charged to the Customer by Publishing House Hugh Vanner in connection with the delivery of the Digital Product in question and which has been paid on time in the twelve months prior to the time at which the event that gave rise to liability took place, with a maximum liability of € 100.


    10.2 When Publishing House Hugh Vanner engages third parties, including but not limited to printers, lithographers and ICT and internet companies, Publishing House Hugh Vanner can never be held liable by the Customer, except for its own shortcomings – to which the provisions of Article 10.1 apply. liable for shortcomings of that third party. When the Customer addresses the third party directly, the Customer indemnifies Publishing House Hugh Vanner against any claim by the third party in connection with that liability claim as well as all related costs for Publishing House Hugh Vanner.


    10.3 All rights of action and other powers of the Customer against Publishing House Hugh Vanner in connection with work performed by Publishing House Hugh Vanner lapse as soon as a period of one year has elapsed from the day on which the Customer became aware or could reasonably have known of the existence of those rights and powers.


    10.4 Publishing House Hugh Vanner is not liable for damage suffered by the Customer or a third party, which is the result of the use or application of the services provided by Publishing House Hugh Vanner. In particular, Publishing House Hugh Vanner is not liable for damage suffered by the Buyer or any third party, of whatever nature and from whatever cause, which is the result of incorrect or incompetent use or use outside of the Customer's responsibility with regard to the concerning the Digital Product or the relevant Service, the right of use offered by the Customer or any third party of Products or Services supplied or made available by Publishing House Hugh Vanner.


    10.5 The Customer indemnifies Publishing House Hugh Vanner against all claims from third parties, by whatever name, with regard to Products and Services supplied and/or made available by Publishing House Hugh Vanner.


  • 11. Termination of the agreement

    11.1 Publishing House Hugh Vanner has the right to dissolve the Agreement with immediate effect by means of written notice without further notice of default if:

    a. The customer fails to fulfill any payment obligation resting on him;

    b. the customer infringes the right of use granted to him; the Purchaser is granted a suspension of payments or the Purchaser is declared bankrupt, the Purchaser submits a request for the application of a debt rescheduling scheme or the Purchaser is placed under guardianship or administration;

    c. attachment is levied on the Customers's goods in respect of substantial debts and this attachment is maintained for longer than two months;

    d. The Customer ceases all or part of its business operations or otherwise liquidates it or changes its business activities substantially or transfers it to a third party without the prior written consent of Publishing House Hugh Vanner.


    11.2 In the cases referred to in Article 11.1, all payments owed by the Customer to Publishing House Hugh Vanner are immediately due and payable in full.


    11.3 Publishing House Hugh Vanner is never obliged to pay any compensation or payment to the Buyer due to the aforementioned termination of the agreement, without prejudice to Publishing House Hugh Vanner's right to full compensation for breach by the Buyer of its obligations as referred to above and without prejudice to the Vanner, incidentally, with regard to rights accruing in this regard.


  • 12. Applicable Law and Competent Court

    These terms and conditions, all Agreements and disclaimers are exclusively governed by Dutch law. All disputes arising from or related to an Agreement concluded by Publishing House Hugh Vanner with the Customer, from the General Terms and Conditions and/or the disclaimer will be submitted exclusively to the competent court in Rotterdam.

  • 13. Miscellaneous

    13.1 If and insofar as any provision of these General Terms and Conditions can be invoked on the basis of a mandatory statutory provision, the unreasonable nature of these terms and conditions or on the basis of reasonableness and fairness, the relevant provision will be subject to change in terms of content and scope. in any case, confers a meaning that corresponds as closely as possible to that provision so that the relevant provision can rightly be invoked.


    13.2 Publishing House Hugh Vanner is entitled to transfer its rights and/or obligations under Agreements to subsidiaries and/or group companies as referred to in Article 24a and 24b Book 2 of the Dutch Civil Code, by which transfer Publishing House Hugh Vanner will be discharged from its obligations towards the Customer. laid off. At the first request of Publishing House Hugh Vanner, the Customer is obliged to provide the cooperation deemed necessary by Publishing House Hugh Vanner for the said transfer. The Customer is not permitted to transfer its rights and obligations under an agreement concluded with Publishing House Hugh Vanner to third parties without the prior written consent of Publishing House Hugh Vanner.


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