Terms and Conditions
filed 1-1-2019
Terms and Conditions
Article 1 Definitions
1.1 Provider: the party that offers an Electronic Product or Electronic Service through the Akkerweb Website.
1.2 Account: a combination of (user) name and a password with which the User can log in to the Akkerweb Website.
1.3 Akkerweb: the foundation under Dutch Law Akkerweb, the party to which these General Terms and Conditions apply.
1.4 Consumer: a natural person who is not acting in the exercise of a profession or business.
1.5 Electronic Services: one or more facilities made available through the Akkerweb Website, such for the use of electronic sharing/exchange of information.
1.6 Electronic Products: computer software, collection(s) of data (databases) and/or other publications, which are recorded on and/or included in/on an electronic medium/carrier, or which can be purchased by the User through the Akkerweb Website in accordance with a license agreement.
1.7 User: the (legal) person, including the Consumer, who has created an Account on the Akkerweb Website with the aim of electronically purchasing Electronic Products through the Akkerweb Website.
1.8 Website: the website(s) of Akkerweb and/or website(s) of third parties designated by Akkerweb, by means of which access can be obtained to Electronic Services, Electronic Products or information thereof.
1.9 Agreement: any agreement concluded electronically through the Website between the Provider of an Electronic Product and the User, in accordance with which agreement the Provider undertakes to provide one or more (Electronic) Services and/or Products, against or without payment of a fee.
1.10 Remote Agreement: Any Agreement concluded electronically with a Consumer.
1.11 Conditions: These general terms and conditions.
Article 2 Applicability of the Conditions
2.1 Applicability: These Conditions apply to any User who has created an Account through the Website.
2.2 Conflict:
a. These Conditions apply with the express exclusion of any terms and conditions of the User, by whatever name.
b. If a provision of these Conditions is or comes into conflict with any legal provision in whole or in part, is declared null and void or is annulled, the other provisions of these Conditions will remain in full force.
2.3 When an Account is created, the Conditions will be made available to the User electronically in such a way that these can be easily stored and saved by the User and which Conditions can also be found on the Website at all times.
2.4 Amendment clause: Akkerweb is entitled to amend or supplement these Conditions. Changes of minor importance can be made at any time. The User will be informed in advance of any changes of major importance.
Article 3 Offer, order and conclusion of Agreement
3.1 The offer of the Provider contains a complete and accurate description of the Services and Products offered. The description is sufficiently detailed to make a proper assessment of the offer.
3.2 Ultimately, an Agreement is concluded between the Provider and the User at the moment that the Provider accepts an order, registration or assignment placed/made by the User electronically.
3.3 When an Agreement is concluded, Akkerweb will take appropriate technical and organizational measures to protect the digital environment and the electronic transfer of data.
Article 4 Prices and rates
4.1 The prices and rates used at the time of the electronic transaction are applicable to the Agreement. If the price is based on the expected number of units to be delivered, the price will be determined afterwards on the basis of the actual number of units delivered.
4.2 Unless explicitly agreed otherwise with the User, all prices and rates used apply exclusive VAT, and exclusive of any other levies imposed by the government, and furthermore exclusive of administration, installation, assembly, transport or shipping costs.
Article 5 Invoicing and Payment
5.1 Payment is made, unless otherwise agreed, in one of the following ways:
a. authorization by the User to charge the amount due to the credit card specified by the User. By submitting the credit card details, the User declares to be entitled to charge the relevant payment to the specified credit card;
b. issue of a one-time authorization by the User to debit the amount due from the bank account specified by the User held at a bank in [country];
c. in advance by bank transfer of the amount due as stated on the invoice sent by Akkerweb.
d. by (bank) transfer, made available through (one of) the payment facility(ies) included on the Website.
Article 6 Liability of Akkerweb and indemnification
6.1 Akkerweb as well as the Providers take the utmost care with the (Electronic) Products and/or Services supplied by them. Akkerweb is only liable for damage suffered by User that is the direct and exclusive consequence of an imputable failure on the part of Akkerweb (toerekenbare tekortkoming).
6.2 The total liability of Akkerweb due to an imputable failure of Akkerweb to comply with any obligation for delivery of any performance is limited to a compensation for direct damage only, and up to a maximum of the amount per event that is claimable under the liability insurance that Akkerweb has concluded, or alternatively in the event of damage not covered by this liability insurance, up to a maximum amount of EUR 25,000 per event per year.
6.3 Akkerweb's liability for indirect damage, including consequential damage, loss of profit, lost savings, damage due to business interruption and any damage other than that referred to in Article 6.2, is excluded.
6.4 Akkerweb is not liable for damage, of whatever nature, that is the result of incorrect and/or incompetent use by the User or any third party of (Electronic) Products and/or Services supplied through the Akkerweb Website.
6.5 User indemnifies Akkerweb against all claims from third parties with regard to Products and/or Services delivered by Akkerweb and/or through the Akkerweb Website, unless it is established by law that these claims are a direct result of gross negligence or intent on the part of Akkerweb, and User furthermore demonstrates that him/her cannot be blamed for this.
6.6 The provisions of this article also apply if User claims compensation on the basis of Products and/or Services delivered by a different Provider than Akkerweb.
Article 7 Intellectual and Industrial Property Rights
7.1 All copyrights and any other rights of intellectual or industrial property, as well as related rights, including rights to protect databases with regard to Products and/or Services delivered to the User by a Provider or Akkerweb, belong exclusively to Akkerweb or the relevant Provider.
7.2 Without prior written consent of Akkerweb or Provider, the User is not permitted to reproduce or publish, in full or in part, Products, Services and/or copyright-protected works that have been delivered by Akkerweb or Provider to and thus obtained by him, all this in the broadest sense of the word, and except for the cases permitted by law.
7.3 The Agreement concluded with the User or the agreements resulting therefrom between the Provider and the User do not constitute a full or partial transfer to User of rights as referred to in Article 7.1, unless explicitly agreed otherwise in writing.
7.4 The User recognizes the rights as referred to in Article 7.1 and will refrain from any form of direct or indirect infringement, including in particular the infringements as referred to in Articles 7.2 and 7.3.
Article 8 Distance contract
8.1 If the User is a Consumer, the legal relationship is regarded as a so-called distance agreement and the provisions of this article 8 apply.
8.2 As from the day after receipt of the Product and within 14 days thereafter, the Consumer can revoke and dissolve the Agreement without giving any reasons. This right of revocation and dissolution applies exclusively to Products delivered or Products to be delivered, and therefore thus not to Services.
8.3 This revocation and dissolvement of the Agreement must be done by the Consumer by means of a written notification (regular mail, email) addressed to Akkerweb. The notification must have reached Akkerweb within the term referred to in Article 8.2.
8.4 In case of revocation and dissolvement, the Consumer must return the delivered Products undamaged within 14 days after revocation and dissolvement in proper packaging and with the original shipping document(s) to the address of the party (either Provider or Akkerweb) with which the Agreement has been concluded. The Consumer himself must bear the costs for returning the Products.
8.5 Revocation and dissolvement as referred to in Article 8.2 is not possible if an Agreement relates to:
a. (Electronic) Products created in accordance with the Consumer's specifications;
b. (Electronic) Products that are clearly personal in nature;
c. (Electronic) Products that cannot be returned due to their nature or (Electronic) Services that cannot be undone due to their nature;
d. (Electronic) Products that age quickly;
e. Sealed (Electronic) Products of which the Consumer has broken the seal;
f. periodic issues, including newsletters and quick notifications;
8.6 Products must be returned in the same condition as they were delivered (i.e. unused and undamaged) in the original and complete packaging and with all accompanying documentation, warranty certificates, accessories and packaging materials, including the original packing slip/note.
Article 9 Complaints and complaints; returns
9.1 User must report complaints about the delivered/supplied (Electronic) Products or Services to Akkerweb in writing within ten (10) working days after delivery. The complaint must be described clearly. In the absence of a properly described complaint, any claim against Akkerweb with regard to defects in the delivered/supplied Products or Services will lapse.
9.2 Other complaints about the implementation of the Agreement must be submitted fully and clearly described to Akkerweb within a reasonable time, but no later than within twenty-one (21) days after the User has discovered any defect(s) in the implementation of the Agreement.
9.3 Complaints submitted will be answered within fourteen (14) days from the date of receipt. If it turns out that a complaint requires a longer processing time, Akkerweb will reply within fourteen (14) days with a confirmation of receipt of the complaint together with an indication when the User can expect a more detailed answer.
Article 10 Miscellaneous
10.1
Akkerweb may, if it deems it necessary to protect its interests and the interests of Users, (temporarily) discontinue its services or take the website offline. This may be necessary, among other things, to take appropriate security measures.
10.2 Akkerweb can (temporarily) discontinue the services or take the website offline in order to perform maintenance.
10.3 In the performance of its activities Akkerweb is permitted to use data (including personal data) of User(s), and if necessary, to provide these data to third parties when the User has given permission for this. For more information: https://akkerweb.eu/nl-nl/Contactinfo/Privacystatement.
10.4 The proper operation of the Electronic Product and/or the Electronic Service is entirely dependent on the providing of the correct information by the User, which latter is therefore responsible for the providing of the necessary and correct information.
10.5 The User is responsible for the use of the login data as provided. In case of misuse of the login data and/or the Website Akkerweb can exclude the User from further use.
10.6 Akkerweb may, if it deems necessary, engage third parties for the performance of work.
Article 11 Governing Law and Disputes
11.1 Dutch law applies to the management of the Account and to every Agreement concluded through the Akkerweb Website.
11.2 All disputes arising from or in connection with an Agreement will be settled by the competent court in Arnhem, the Netherlands.