General Terms and Conditions 

Bookmarqt.com General Terms and Conditions of Sale

 0 Introduction

0.1  BookMarqt Health Publishing hereinafter is referred to as “BookMarqt”, “we” or “us” 
0.2 These terms and conditions shall govern the sale and purchase of products through our website.
0.3 By placing an order on our website you accept and agree to these terms and conditions.
0.4 BookMarqt reserves the right to modify this Agreement from time to time and such modification shall be effective: (1) for Users who first use the Services after the posting, upon posting by BookMarqt on the Website, (2) for existing Users, thirty (30) days after posting by BookMarqt on the Website, or (3) for existing Members, if the modifications to the Agreement are material, thirty (30) days after BookMarqt sent an e-mail containing a notification of such modifications and the continued use of the Services by the Member thereafter, which shall constitute the Member’s acceptance of the amended Agreement. If you do not agree to the modification, you must cease your use of the Services.

 1 General, Scope of General Terms and Conditions

1.1 All shipments and services of BookMarqt Health Publishing  (hereinafter referred to as “BookMarqt”, “we” or “us”), shall be exclusively governed by the General Terms and Conditions set out below in the version valid at time of order.  Any changes in Terms and Conditions will not be accepted unless agreed expressly in writing.
1.2 Customers in the context of these Terms and Conditions are both consumers and traders.  Consumers in the context of these Terms and Conditions are natural persons who enter into legal contracts whose purpose cannot be regarded as commercial nor could it be deemed to constitute an activity as self-employed.  Traders in the context of these Terms and Conditions are natural persons or legal entities or incorporated partnerships engaging in independent occupational or commercial activity upon entering into a legal contract with BookMarqt.

2 Entering into contract, initiating contract

2.1 By ordering, you commit yourself to enter into a contract with us.  We can accept this offer by sending you per e-mail an order confirmation within 2 business days after receipt of your order.  The contract shall be deemed to have been entered into when such order confirmation is sent.
2.2 You can order by inputting all data required during the ordering process and then, under “3. Ordering”, send us the order form by clicking the “Finish order” button.  Before finally sending off the order, you will have an opportunity of verifying data and order inputted and, if required, make changes.  You can correct inputting errors by navigating backwards in the browser or cancelling the ordering process and starting it again.  We will then send you a confirmation of the order by e-mail.
2.3. When ordering online in our online store, the contract is concluded with: BookMarqt Health Publishing Leusdenhof 367, 1108 DV Amsterdam, Netherlands. E-mail: [email protected]  Registered at the Amsterdam Chamber of Commerce under registry number 74530259, Value Added Tax Identification No. (BTW-nr) Netherlands NL002448766B64. Bank number ( ING Bank) IBAN: NL31 INGB 0006 5486 11 – BIC:INGBNL2A

3 Storing the contract text

3.1 We store your order and order data inputted.  We will send you an e-mail confirming your order, together with all order data.  You have an opportunity to print out the order as well as the General Terms and Conditions before sending us the order.  Using your customer account, you have access to orders that you placed at all times.

4 Right of cancellation for consumers

4.1 The right of cancellation set out below applies only to consumers:

Instruction on right of cancellation

Right of cancellation
You have the right to cancel this contract within 14 days, without giving any reason.
The period of cancellation is 14 days and begins with the day on which you or a third party nominated by you, who is not the carrier, has taken possession of the goods.
In order to exercise your right of cancellation, you are obliged to notify BookMarqt by means of an unequivocal declaration (e.g. a letter sent by mail or an e-mail) of your decision to cancel this contract.  You can use the sample cancellation form enclosed but this is not mandatory.
In order to comply with the time limit for cancellation, it is sufficient that the notification about exercising the right to cancel be sent prior to expiration of the cancellation period.

Consequences of cancellation
If this contract is cancelled, we will be obliged to refund any and all payments that we received from you, excluding shipment costs, forthwith but at the latest within fourteen days as of the day on which we received information of cancellation of this contract.  We will use the same method of payment for refund that you used for your original transaction unless a different method has been explicitly agreed with you.
We shall be entitled to retain refund until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You will be obliged to send back or hand over the goods forthwith and, in any event, at the latest within fourteen days as of the day on which you notified us of the cancellation of this contract.  The deadline is met, when you send off the goods prior to expiration of the deadline of fourteen days.  You will be directly responsible for costs associated with returning the goods.
You will be obliged to compensate us for a possible deterioration of the goods only if this deterioration is due to any handling of the goods on your part that is not required for inspecting the quality, properties and functioning of the goods.

The right of cancellation does not apply to distance contracts for delivery of newspapers, periodicals of magazines, or digital products such as e-books with the exception of subscription contracts

5 Sample cancellation form

Should you wish to cancel the contract, please complete this form and return it.

To:
BookMarqt Health Publishing
Leusdenhof 367
1108 DV Amsterdam
The Netherlands
E-Mail: [email protected]

I/We (*) herewith cancel the contract that I/we (*) entered into relating to purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for printed notification)

Date

(*) delete as applicable

6 Prices and shipment costs

6.1 All prices quoted on the website are in Euros (€).
6.2 All prices include the Dutch statutory value added tax and if applicable an additional shipment cost.  We will ship with a service provider of our choice depending on the region of the consumers shipping address.
6.3. Shipping costs (if applicable) will depend on the edition of the product as well as the final shipping address.
6.4 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

7 Terms of delivery

7.1. We ship to most places, if we are not able to ship to your location we will fully refund your purchase.
7.2. Unless stated otherwise in the offer, we strive to dispatch  goods within a period of 10 working days after receipt of payment.  
7.3 We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process. Please ensure that your address is correct and complete. You will not be entitled to a refund if your order is sent out but you do not receive it or receipt is delayed because the delivery address you gave us was wrong or incomplete.
7.4 We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 30 days following the later of receipt of payment and the date of the order confirmation.

8 Payment conditions

8.1 You must, during the checkout process, pay the prices of the products you order. Payment will be made through our payment processor (Stripe).
8.2 For consumers we retain the ownership of the goods until full payment of the purchase price.
8.3 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written (email) request:

• an amount equal to the amount of the charge-back;
• all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
• an administration fee of € 25.00 including VAT; and
• all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 8.3 (including without limitation legal fees and debt collection fees),

and, for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 8.3.

9 Obligations of the Customer and Processing of Personal Data

9.1 All access data is individualized and may only be used by the respective authorized Customer. The Customer must keep the login and password confidential and protect it against unauthorized access by third parties.
9.2 Personal data will be processed in a proper, careful and confidential way, observing the applicable national and international legislation and regulations, including the General Data Protection Regulation (‘GDPR’). This also includes cooperating with legitimate requests from data subjects within the meaning of the GDPR.
9.3 Furthermore, personal data will not be processed other than in a way that is compatible with the objectives for which they have been obtained and shall not be stored or processed any longer than is required.
9.4 Suitable technical and organisational safeguards shall be put in place to ensure that personal data are protected against destruction, loss or any form of unlawful processing, taking into account the state of the art and the type of processing.
9.5 Where applicable, the customer shall immediately on request of BookMarqt cooperate with the creation of a contract to be provided by BookMarqt as referred to in Article 28 GDPR (a processor’s contract) for the processing of personal data by BookMarqt, to the extent that an existing contract between the parties does not already qualify as such a contract.
9.6 BookMarqt shall inform the customer as soon as possible, but in any case without unreasonable delay, of a personal data breach, such to the extent that it concerns personal data that in the context of a contract between the parties have been obtained from the customer or are processed about the customer by BookMarqt and/or concern persons the contract relates to.
9.7 In case of suspicion of misuse by a third party, the Customer undertakes to notify us immediately. As soon as we become aware of the unauthorized use, the unauthorized Customer’s access will be blocked. We reserve the right to change a user’s login and password; in such a case, the user will be informed immediately.
9.8 The user is responsible at his own expense and risk for providing and securing access to the internet and the software and technical equipment necessary for the use of the offer.

10 Warranty

10.1 BookMarqt guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.

11 Customer service

11.1 If you have questions, want to lodge a complaint or a claim, our Customer Service is available weekdays via e-mail: [email protected]

12 Applicable law, place of jurisdiction

12.1 If parties fail to come to a solution, disputes will be brought before the competent judge in the district in which Bookmarqt has her domicile (Court of Amsterdam, the Netherlands), save insofar as compelling competence rules would hinder this choice. This Agreement shall thus be governed by and construed in accordance with and subject to the laws of the Netherlands.

13 Disputes

13.1 Only Dutch law applies to agreements between BookMarqt and the customer to which these general terms and conditions apply, even if the consumer lives abroad.
13.2 The Vienna Sales Convention does not apply.
13.3 The United Nations Convention on Contracts for the International Sale of Goods is not applicable.

14 Online Dispute Resolution (ODR) platform

14.1 As online traders ([email protected]) we are obliged to inform you of the existence of the Online Dispute Resolution (ODR) platform of the European Commission. You can access the ODR platform http://ec.europa.eu/consumers/odr/.“ 

15 Miscellaneous

15.1 Contract language is English.
15.2 Should one or more provisions of these General Terms and Conditions be invalid, the remainder of the contract will remain effective.  If provisions are invalid, the contents of the contract shall be interpreted by statutory regulations.

16 Disclaimer

16.1 Although the greatest possible care is taken when compiling this website, it can not be accepted for the accuracy or completeness of the information. BookMarqt therefore is not liable for the consequences of activities undertaken on the basis of this website.

Version June 2020

[email protected]
NL-KvK:74530259  | VAT-ID:NL002448766B64