1.1 These general terms and conditions (hereinafter: the “general terms and conditions”) apply to all agreements (hereinafter: the “Agreement”) entered into between WPG Uitgevers B.V., B.V. Weekbladpers, Uitgeverij De Bezige Bij B.V., A.W. Bruna Uitgevers B.V., Voetbal International B.V., WPG Kindermedia B.V., Uitgeverij Zwijsen B.V., Tracks & Trails Productions B.V. and any other current or future member of the WPG Uitgevers B.V. group (hereinafter collectively and individually: “WPG”) and natural persons (hereinafter: the “customer”), which may include a subscription to one of the (online) magazines published by WPG or the (online) purchase of a WPG product or service. The general terms and conditions also apply to all offers and quotes given by WPG to the customer and to all orders placed by the customer with WPG. WPG Uitgevers B.V. is located at Wibautstraat 133, 1097 DN, Amsterdam and registered with the Chamber of Commerce under number 33134100.
1.2 These general terms and conditions will be sent free of charge upon request. The request should be sent to: Customer Service Center, PO Box 611, 1000 AP Amsterdam, the Netherlands, telephone 00 31 (0)20 5518730, email email@example.com. The general terms and conditions are also published on the websites of the various WPG publications.
1.3 By entering into an Agreement the customer is agreeing to these general terms and conditions.
1.4 Subject to the provisions of Article 1.5, arrangements that deviate from these general terms and conditions shall only apply if agreed upon in writing. When a derogation is agreed as provided for in the first sentence of this Article 1.4 such derogation, subject to Article 1.5, shall only apply to that particular Agreement or order.
1.5 WPG has the right to amend these general terms and conditions at any time. The amended general terms and conditions will be published on WPG website(s) and come into force 30 days after publication on the website(s).
1.6 In addition to the terms and conditions in this section A, sections B, C and/or D below also set out provisions applicable to the Agreement between WPG and the customer. If the content of section B, C and/or D applies and is contrary to section A, then the provision included in the relevant section B, C and/or D shall apply.
2. Intellectual Property
2.1 All copyright and any other intellectual property rights as well as similar rights, including related rights and rights for the protection of databases regarding magazines, products and/or services produced/provided by WPG belong solely to WPG or the licensors of WPG.
2.2 No provision in these general terms and conditions or in any Agreement entered into with a customer shall transfer, in full or in part, any of the rights referred to in Article 2.1 to the customer. The customer acknowledges these rights and will refrain from any form of infringement of these rights.
3. Liability, expiry and force majeure
3.1 WPG is only liable for direct loss suffered by the customer if such damage is attributable to WPG or if, according to the law, it is for WPG’s own risk. WPG is not liable for damage resulting from the customer’s use of any product or service provided by WPG, with the exception of liability under provisions on product liability in Article 6:185 et seq of the Dutch Civil Code. WPG is not liable for damage resulting from the failure to deliver on any given delivery date. Liability for indirect and/or consequential damage is excluded.
3.2 The liability of WPG is always limited to the amount paid in such case under WPG’s insurance plus the deductible which under the insurance policy must be paid by WPG in those circumstances. The aforementioned insurance has limitations in coverage, including the amount of the damages and the number of claims per year.
3.3 If no payment is made nder the insurance policy referred to in Article 3.2, for whatever reason, WPG’s liability is limited to a maximum of three times the amount of the invoice the customer received in connection with the respective delivery or order, provided such invoice was paid on time, with a maximum liability of €5,000 (five thousand euros).
3.4 The customer indemnifies WPG for and against all claims brought by third parties, whomever they are and in whatever circumstances, in connection with an Agreement between WPG and the customer or arising from the performance of such an Agreement.
3.5 All rights of action, claims and any other entitlements which the customer has against WPG expire when a period of one (1) year has passed since the day on which the customer became aware, or reasonably could be expected to have become aware, of the existence of those rights of action, claims or other entitlements.
3.6 The deadline set out in Article 3.5 in addition applies to all rights of action, claims and other entitlements which the customer has against WPG under any Agreement from the moment that such Agreement is entered into to.
3.7 The limitation and exclusion of WPG’s liability set out in this Article 3 does not apply if there is either intent or gross negligence on the part of WPG.
4. Orders and conclusion of Agreements
4.1 The acceptance of an assignment or an order (hereinafter: the “order”) may be given expressly in writing or be brought about by WPG beginning with the execution of the order. Orders place by the customer with WPG are final in the sense that an Agreement is concluded by acceptance of that order on the part of WPG.
4.2 WPG has the right to refuse an order without giving any reasons. Even after acceptance of an order pursuant to Article 4.1, WPG has the right to cancel without giving any reasons, in which case WPG is not required to refund anything other than the amount which the customer has already prepaid.
4.3 Changes to an order must be communicated to WPG by the customer in writing in a timely manner and are effective only if they are expressly accepted by WPG.
5. Execution of Agreements
5.1 Delivery periods given by WPG are indicative only and are not deadlines. In the case of late delivery WPG must be given written notice of the delay before it is in default.
5.2 The customer hereby grants WPG permission to have orders completely or partially performed by third parties should WPG deem this to be necessary or desirable.
6.1 WPG is responsible for processing the customer data collected at the conclusion of an Agreement for the implementation of the Agreement between WPG and the customer, to keep records of all customers in order to sort customers according to age, gender and interests, or to build up a profile for the customer enabling WPG to adapt its products, services and offers to the requirements of the customer, and to make its customers offers.
6.2 WPG has registered the processing of personal data with the Dutch Data Protection Authority in The Hague under number 1004149.
6.3 The customer is informed of, and consents to, the collection and processing of personal data and the use which may be made hereof, referred Article 6.1 and the customer agrees to the Privacy Statement published on the WPG websites, including on www.wpg.nl
6.4 The customer can request access to his/her personal data at any time and can choose to change, add to or delete such data by sending a letter or email to the Customer Service Center, PO Box 611, 1000 AP Amsterdam, the Netherlands, telephone 00 31 (0)20 5518730, email firstname.lastname@example.org.
7. Annulment or invalidity
If, and insofar as, any provision set out in these general terms and conditions is found to be invalid either because of a (contrary) mandatory provision, or due to the unreasonably onerous nature of these general terms and conditions, or on the basis of reasonableness and fairness, then such provision shall be annulled and replaced by a valid provision which is as close as possible in terms of content and effect to the offending provision.
8. Transfer of rights and obligations
WPG may transfer any of its rights and/or obligations under any Agreement with the customer to one or more of its subsidiaries and the customer hereby agrees to cooperate with any such transfer. The customer may not transfer its rights and/or obligations under any Agreement with WPG to a third party, unless the customer has received the prior written consent of WPG.
9. Governing law and jurisdiction
9.1 All Agreements between WPG and the customer are exclusively governed by Dutch law.
9.2 All disputes between WPG and the customer will be submitted exclusively to the competent court inAmsterdam.
B – SUBSCRIPTIONS
10.1This section B is, together with section A (and if applicable, with section C), applicable to every order a customer places with WPG and all Agreements between the customer and WPG insofar as these relate to subscriptions to magazines published by WPG and/or subscriptions to services offered by WPG.
10.2WPG is entitled at any time and without giving any reason to cease the publication of a magazine and/or terminate a subscription. In that case WPG is only obliged to repay the amount that the customer has prepaid for the subscription.
10.3WPG is at all times entitled to change the scope, content, frequency and layout of its magazines at its sole discretion. WPG shall ensure that after such changes the publication in question will remain of appropriate quality and quantity given the cost of the subscription.
11. Taking out a subscription and welcome gifts
11.1A subscription may be taken out at any time by telephone, electronically or in writing. WPG confirms the existence of a subscription in writing or by email if the email address of the customer is known. WPG is entitled to refuse any request for a subscription without giving any reason. Discount offers and welcome gifts are only given if the new subscriber has not had a subscription to the publication in question in the previous six months. If this is the case, then the customer is not entitled to a discount or gift and WPG has the right to reclaim any such welcome gift or discount. Where there is a suspicion of abuse (which includes over-use) of the right to a discount or welcome gift, WPG reserves the right to recover the welcome gift or to allow the discount to expire.
11.2Offers which include a welcome gift are only valid while stocks last.
11.3If the welcome gift is not in stock then WPG will offer an alternative option in the form of a replacement welcome gift or a discounted subscription rate, at the discretion of the customer.
11.4WPG does its best to send welcome gifts to customers within six weeks of receipt of the subscription fee from the customer. WPG will inform the customer if delivery is not possible within this period.
11.5 Any damage to a welcome gift or receipt of wrongly delivered products must be reported by the customer within two weeks tothe Customer Service Center, PO Box 611, 1000 AP Amsterdam, the Netherlands, telephone 00 31 (0)20-55518730, email email@example.com. Complaints received after the expiry of the two-week deadline will not be accepted.
12. Duration and termination of a subscription
12.1A subscription is concluded for a specified period or for a certain number of editions. Unless otherwise stated in the offer the subscription will thereafter automatically continue indefinitely unless it is terminated in accordance with Article 12.2 and 12.3. Once the subscription has been automatically extended the customer can then cancel the subscription at any time on the giving of one month’s notice. If the relevant title is published less frequently than once a month then the customer must give three months notice of his/her wish to terminate. If a subscription is entered into for a fixed term of more than 12 months and the subscriber has received a welcome gift for taking out a subscription for more than 12 months then WPG is entitled to reject any premature termination of the subscription.
12.2 Within the initial subscription period (or within a subsequent subscription period where this subsequent period has come about through a deliberate act by the subscriber) the subscription can only be terminated at the end of the agreed subscription period, subject to a notice period of one month. This can be done in writing to the Customer Service Center, PO Box 611, 1000 AP Amsterdam, the Netherlands, by telephone telephone 00 31 (0)20 5518730 or by email firstname.lastname@example.org.
12.3 The customer may cancel the subscription in the same way that it was taken out. WPG will accept cancellations by email, telephone or post (regardless of how the actual subscription was entered into).
12.4 A so-called ‘gift subscription’ taken out on behalf of a third party for a certain period of time will not be renewed automatically.
12.5 In the case of unexpected death of a customer, the subscription ends on the date on which the death of the customer is reported to WPG. In that case, the subscription fee for the unexpired subscription period will be refunded.
13. Payment, price changes and change of address
13.1Payment for a subscription must be made prior to the subscription period in the manner chosen by the customer when taking out the subscription. The price and applicable payment deadlines for subscription renewals can be found in the small print or the service pages of the relevant magazine and will continue to be automatically withdrawn in the same way and from the same bank account.
13.2In case of late payment by the customer, whether due to a reversal of the funds or an insufficient balance in the bank account specified, WPG is entitled to charge a reminder fee. If payment for a subscription is not received, even after a payment reminder has been sent, WPG is entitled to unilaterally terminate the subscription with immediate effect, notwithstanding the right of WPG to seek damages and arrears. In that case WPG also has the right to transfer the (collection) claim to a collection agency. These costs will also be charged to the customer.
13.3WPG reserves the right to change the subscription fee during the term of the subscription. If the change is an increase and this increase occurs within three months after the start of the relevant subscription, the customer has the right to terminate the subscription in writing or by email with a notice period of one month.
13.4Subscription prices and other communications regarding the terms upon which a customer receives a subscription are conditional, subject to misprints/mistakes in copy-setting.
13.5All subscription prices are in euros and include VAT.
13.6On termination of a subscription prior to the end of the period for which the customer has paid the subscription fee, the subscriber has the right to reimbursement of the difference between the amount paid for the entire subscription period and the proportion attributable to the period for which the subscription has already been enjoyed.
13.7WPG exercises due care in selecting and engaging postal delivery companies and strives to ensure that magazines are delivered correctly and on time but cannot be held liable by the customer if this is not always the case.
13.8 To ensure an uninterrupted continuation of delivery the customer should notify WPG in writing or by email of any change of address no later than three weeks before his/her moving date. Failure to do so could result in failure to deliver a magazine on time and the customer is not then entitled to a refund.
C – Webshops and Digital Products
14.1This Section C is, together with sections A and D (and if applicable, with section B), applicable to every order a customer places with WPG and all Agreements between the customer and WPG insofar as these relate to books, subscriptions or other (digital) products and/or services sold via a webshop whereby the Agreement is concluded between WPG on the one hand and and a consumer on the other entirely by means of communications made at a distance (hereinafter: a “Webshop Agreement”).
14.2If it proves impossible to supply a product ordered in a webshop WPG will endeavour to provide a replacement item. The customer is offered no guarantees in this respect.15. Payment and invoicing
15.1Payments should be made y the customer within fourteen days after the invoice date into an account designated by WPG and shall be made ithout discount, deduction, suspension or settlement. Invoices can be issued on the day the customer places an order or the day on which WPG begins to execute an order.
15.2All WPG prices are expressed in euros and exclusive of VAT. All duties and taxes imposed and levied on the goods and services provided by WPG are to be borne by the customer. Any changes of circumstances which affect the price for WPG may be passed on to the customer.
15.3WPG reserves the right to change prices and rates. Amended rates and prices are valid from the moment they are introduced.
15.4If a customer does not fulfill his/her payment obligation(s) in time and, after having received notification from WPG of late payment such notice to include the granting of an additional 14 days in which to meet his/her payment obligation(s), fails to pay within this 14-day period, the outstanding amount shall be subject to statutory interest and in addition WPG will be entitled to pass on to the customer its extrajudicial collection costs. These collection costs shall be limited to: 15% of the outstanding amount upto €2,500; 10% for the following €2,500; and 5% on the next €5,000 with a minimum amount of €40. WPG can charge different amounts and percentages provided these are to the benefit of the customer.
16. Delivery and risk
16.1Goods are supplied by WPG via its logistics service provider to an address given by the customer. Costs for dispatch are at the expense of the customer.
16.2The risk of damage and/or loss of products rests with WPG until the moment of delivery to the customer, unless expressly agreed otherwise.
17. Compliance and Warranty
WPG guarantees that the products and/or services are in accordance with the description in the Agreement, meet the specifications stated in the offer, satisfy the reasonable requirements of reliability and/or usability and comply with relevant legal provisions and/or government regulations in force at the date on which the Agreement was entered into.
18. Cooling-off period and cancellation
18.1After entering into a Webshop Agreement with WPG for the purchase of a product the customer has a cooling-off period of 14 days during which he/she may cancel a purchase made under the Webshop Agreement without giving any reason. This cooling-off period commences on the day after receipt of the product by the customer or:
(1) if the customer has ordered several products in one order which are then delivered separately, the day on which the customer or a third party designated by the customer (other than the carrier) receives the final product; or
(2) if the product supplied consists of multiple deliveries or pieces, the day on which the customer or a third party designated by the customer (other than the carrier), receives the final delivery or piece; or
(3) for a Webshop Agreement which covers the regular delivery of products throughout a certain period, the day on which the customer or a third party designated by the customer (other than the carrier) receives the first product.
18.2 During the cooling-off period referred to in Article 18.1, the customer must handle the product and packaging with appropriate care. He/she must only unpack or use the product to the degree necessary to assess whether or not he/she wishes to keep the product. If the customer chooses to exercise his/her right to cancel the Webshop Agreement he/she must return the product, including any accessories, in its original condition and packaging to WPG in accordance with the instructions provided.
18.3 After entering into a Webshop Agreement with WPG for the provision of services the customer has a cooling-off period of 14 days during which he/she may cancel the Webshop Agreement without giving a reason. This cooling-off period commences on the day that the Webshop Agreement is entered into. There is no cooling-off period for the following services:
a. those related to accommodation, transport, catering or leisure services where WPG where on the entering into the Webshop Agreement WPG agrees to provide these services on a specific day or during a certain period, including but not limited to festivals organised by WPG;
b. those related to betting or lotteries;
c. those services which have already been partially performed with the consent of the other party prior to this deadline including but not limited to (online) courses as well as the relevant course materials.
18.4 If the customer chooses to exercise his/her right to cancel as provided for in this Article 18 he/she shall inform WPG of this cancellation within the cooling-off period using the model form for cancellation, or in some other recognisable unequivocal manner.
18.5 As soon as possible but in any case within 14 days from the day following the notification referred to in Article 18.4 the customer shall return the product or hand it over to (an authorised representative of) WPG. The customer must return the product with all its accessories and as far as is reasonably possible the product must be returned in its original condition and packaging. The risk and the burden of proof for correct and timely exercise of the right to cancellation lies with the customer.
18.6 If the customer cancels a purchase as provided for in this Article 18 he/she must pay for the products to be returned to WPG.
18.7 The right of cancellation referred to in this Article 18 does not apply to the supply of newspapers and magazines (with the exception of subscriptions), nor to products:
a. that have been created by WPG according to customer specifications;
b. that are clearly personal in nature;
c. that, due to their very nature, cannot be returned;
d. that can quickly spoil or become obsolete;
e. whose price depends on fluctuations in the financial market over which WPG has no control;
g. such as audio and video recordings and computer software where the customer has broken the seal on the packaging; or
h. Ebooks, apps or other digital products referred to in Article 19
19. Digital Products
19.1 The (intellectual property) rights in Ebooks, apps or other digital products (hereinafter: “Digital Products”) which are sold to the customer or made available on the basis of a licence or in some other way by WPG, remain entirely with WPG. The customer receives a personal, non-exclusive, non-assignable and non-sublicensable licence to the relevant Digital Product.
19.2 WPG is entitled to take technical measures to protect the (intellectual property) rights in the Digital Products. If WPG has protected the Digital Products using technical measures the customer is not permitted to remove or avoid this protection.
19.3 The customer is not permitted to copy, alter, lend, or make available to third parties any Digital Product, or to treat it in any other way which would go beyond the scope of the licence described in Article 19.1.
19.4 WPG may impose temporal limits on the licence granted to the customer, limit the number of devices on which the Digital Products are available and/or impose other conditions or restrictions on (the use of) the Digital Products.
19.5 If WPG grants the customer permission to make a Digital Product available to a third party then the customer must make that third party aware of the terms of Article 19 and all other conditions imposed by WPG on (the use of) the Digital Product by imposing such conditions on the third party and incorporating such terms and conditions in the agreement made between him/her and the third party regarding (use of) the Digital Product. The customer shall provide evidence of the applicability of the conditions to WPG at the first request. D – Personalised products
20.1 This section D is, together with sections A and C, applicable to services offered by WPG which enable the customer to create his/her own books, magazines, or other works and/or products by uploading customer content to be combined with content from WPG’s titles (including but not limited to text and/or graphics)(hereinafter: “PersonalisedProducts”).
20.2 If the customer uses these services to create a Personalised Product WPG is in no way liable for (the content and/or the form of) the Personalised Product. WPG has in principle no knowledge of the content and/or the form of the Personalised Product and responsibility for Personalised Product lies entirely with the customer. The customer warrants to WPG that the Personalised Product that he/she creates does not in any way infringe any (intellectual property) rights of any third party, that the Personalised Product is not offensive, abusive and/or illegal and further holds WPG harmless from all claims made by third parties in this respect. If WPG, for whatever reason, becomes aware of the (content and/or form) of the Personalised Product and in its opinion the is a possibility that the content and/or form of the Personalised Product may be in breach of the requirements set out in the previous sentence then WPG has the right to take technical and legal measures, without giving any notice, in order to prevent the (further) creation, use and/or publication of the Personalised Product without WPG being obliged to pay any damages or compensation.
20.3 In respect of the WPG content used by the customer for the creation of a Personalised Product, the customer receives a non-exclusive, non-sublicensable licence to that content which is limited to personal use by the customer. The licence will be limited to personal use of the content for the purposes of creating a Personalised Product. The customer is not permitted to sell the Personalised Product or in any way, either wholly or partially, rent or otherwise commercially exploit and/or publish it. WPG reserves the right to set a maximum limit on the number of Personalised Products which may be ordered.
20.4 WPG strives for the best possible display of both the content uploaded/submitted by the customer and that supplied from the WPG titles used in the Personalised Product but cannot guarantee an exact reproduction. The customer must take into account the possibility of limited print and colour deviations. The customer is responsible for the quality of the content provided by the customer (including, but not limited to, the quality of source files for digital pictures) and for imperfections (such as colour casts, etc) which result from the customer’s uploaded/submitted content.
20.5 WPG cannot vouch for the quality of the Personalised Product if it is not used in a normal way. These general terms and conditions were last modified by WPG on 14 January 2016.