GENERAL DELIVERY AND SUBSCRIPTION CONDITIONS FOUNDATION HORTIPOINT
I – GENERAL
Article 1 - Applicability
- Hortipoint Foundation ('hortipoint') is the publisher of a number of leading trade journals in the ornamental plant sector, including Vakblad voor de Bloemisterij, Bloem & Blad, The Tree Nursery, Garden and Landscape and Floribusiness.
- These General Terms and Conditions apply to all between Hortipoint or a company belonging to Hortipoint and natural or legal persons ('Customer' of 'Subscriber') concluded agreements ('Agreement') consisting of, among other things, a subscription agreement with regard to the (online) magazines published by Hortipoint ('Magazines'), or an agreement regarding a purchase of a product (magazine, photo, book, welcome gift, etc.) ('Product').
- Due to the subject-specific nature of the publications, any subscription taken out is deemed to be a business subscription.
- By entering into a subscription or placing an order for a Product, the Subscriber/Customer agrees to these General Terms and Conditions. The provisions of these General Terms and Conditions may only be deviated from in writing, with the exception of the provisions of Article 1.5.
- Hortipoint has the right to change these General Terms and Conditions and offers in the interim, among other things on the basis of the annual inflation correction/indexation. The amended General Terms and Conditions will be published on the Hortipoint websites or in the Magazines and will come into effect 30 days after publication.
- These General Terms and Conditions will be sent free of charge upon request. This request can be addressed to Info@hortipoint.nl or the General Terms and Conditions can be requested via 071 5659678. The General Terms and Conditions are also published on www.hortipoint.nl and on the individual websites of the Magazines published by Hortipoint.
- In the event of a contradiction between the General part (I) of these terms and conditions and the content of parts II-III, the content of parts II-III will prevail.
Article 2 – Liability and force majeure
- Hortipoint is only liable for damage suffered by the Customer if this damage can be attributed to Hortipoint or if this damage is at the risk of Hortipoint as a result of a statutory provision.
- Hortipoint is not liable for damage that has arisen later than six (6) months after delivery of the Product or for damage that has not been reported to Hortipoint in writing within 14 days after the occurrence.
- If it is established in court that Hortipoint is liable for the damage caused, this will be limited to the direct damage actually suffered by the Customer and paid out by Hortipoint's insurance. If no payment is made by the insurer, Hortipoint's liability is limited to a maximum of four times the invoice amount that has been charged to the Customer in connection with the relevant delivery or order and has been paid on time, with a maximum liability of € 5.000 (five thousand euros). ). Hortipoint is not liable for any damage whatsoever as a result of exceeding an agreed delivery term or for indirect, consequential damage, loss and/or damage to data, loss of profit, loss of turnover, missed savings, reduced goodwill, damage caused by business interruption and damage as a result of as a result of third party claims.
- In the event of force majeure on the part of Hortipoint, Hortpoint has the right to suspend performance of the Subscription for as long as this situation continues or, at Hortipoint's option, to dissolve the Subscription in whole or in part. Force majeure is present if the shortcoming is the result of circumstances beyond Hortipoint's control, which in any case includes: war or similar situations, riot, strike, occupation, illness of Hortipoint personnel, shortcomings of suppliers engaged by Hortipoint and /or transporters, government measures, production ban, bad weather, fire and explosion.
- If the force majeure situation on the part of Hortipoint continues for more than two months, the Subscriber has the right to dissolve the Agreement. In the event of force majeure, Hortipoint is not obliged to reimburse the Subscriber for any costs or damage.
- The General Terms and Conditions, the stated subscription prices and the Agreement entered into by the Customer with Hortipoint are subject to any printing and typesetting errors.
Article 3 – Copyright
- The Customer is not permitted to reproduce, publish and/or store the name, contents and/or layout of the Magazines and Products supplied by Hortipoint in any way whatsoever, unless with the prior written permission of Hortipoint.
- All intellectual property rights, including copyrights, database rights and trademark rights, with regard to the content of the Magazines and Products supplied by Hortipoint are vested in Hortipoint and/or its licensors.
Article 4 – Establishment and performance of Agreements
- All offers made by Hortipoint are without obligation and subject to availability.
- The acceptance by Hortipoint of an order for a Product (hereinafter: 'Order') or the confirmation of entering into a Subscription takes place in writing (which is also understood to mean electronically in these General Terms and Conditions) or when Hortipoint starts executing an Order or Subscription. . Orders placed by the Customer to Hortipoint are irrevocable in the sense that an Agreement is formed by Hortipoint's mere acceptance of this Order.
- An Order or a Subscription can be concluded at any time by telephone, electronically or in writing. Hortipoint is entitled to refuse an Order or Subscription without stating reasons. Even after acceptance of an Order or Subscription, Hortipoint is entitled to cancel it without stating reasons. In such a case, Hortipoint is not obliged to pay more than the refund of any amounts already paid in advance by the Customer.
- Changes to an Order or Subscription must be communicated to Hortipoint by the Customer in a timely manner and in writing and are only effective if they are expressly accepted by Hortipoint.
- Hortipoint has the right, if necessary or desirable, to have Orders or the execution of the Agreement carried out in whole or in part by third parties.
- The delivery times used by Hortipoint are indicative and do not count as deadlines. In the event of late delivery, Hortipoint must be given written notice of default before it is in default.
Article 5 – Questions and complaints
- Questions regarding the Subscription, invoices in connection with an Order or an Agreement must be addressed to Hortipoint for the attention of the Reader Service Department within eight days after receipt of the invoice. This department can be reached by telephone on 071-5659644 or by e-mail at firstname.lastname@example.org.
- Complaints of any kind must be reported to Hortipoint as soon as possible, but no later than 8 days after they arise or after receipt of the invoice, via the options referred to in Article 5.1. Hortipoint will handle complaints and will respond in writing after two weeks.
- Complaints, including those relating to the delivery of the relevant Magazine, do not entitle the Customer to suspend payment of invoices in whole or in part.
Article 6 – Transfer
Hortipoint may transfer rights and obligations arising from these General Terms and Conditions or Agreement to a company within its own group and to third parties, on the understanding that this company complies with the Agreement concluded between Hortipoint and the Customer. Hortipoint will inform the Customer of such a transfer as soon as possible. The Customer cannot transfer its rights and entitlements under the Agreement with Hortipoint to a third party, unless Hortipoint has given written approval to do so.
Article 7 – Privacy
- Hortipoint respects the privacy of its Customers. Personal data of Customers are therefore treated and secured by Hortipoint with the greatest possible care. Hortipoint complies with the Telecommunications Act, the Personal Data Protection Act and the European Privacy Regulation
- The Hortipoint Foundation is responsible for processing the customer data that is collected when concluding an Agreement or when placing an Order with the aim of executing the Agreement between Hortipoint and the Customer, including providing a personal login code for the closed Web environment, to keep records of all Customers, to be able to segment Customers by age, gender and interests, or to build a profile of the Customer, on the basis of which Hortipoint can offer its Products, services and offers can vote on the needs of the Customer, and to be able to make offers to its Customers from Hortipoint.
- The Customer has been informed of and agrees to the collection and processing of personal data and the use that can be made of this by Hortipoint as referred to in Article 7.2 and the Customer agrees to the Privacy statement that has been published on, among others, http://www. .hortipoint.nl/privacy-statement.
- Customer can view his/her personal data at any time and request to change, supplement or delete it by sending an e-mail to email@example.com or by sending a letter to Hortipoint, for the attention of the Customer Service Privacy Department, Rijnsburgersingel 61, 2316 XX Leiden.
Article 8 - Applicable law and competent court
Dutch law applies to these General Terms and Conditions and to the Agreement concluded between the Customer and Hortipoint. All disputes relating to the General Terms and Conditions and the Agreement will be brought before the competent court in Amsterdam, with the exception of disputes that fall under the jurisdiction of the Subdistrict Court.
- SPECIFIC TERMS AND CONDITIONS FOR SUBSCRIPTIONS
In addition to the provisions referred to under I., these provisions apply to every Agreement between the Customer and Hortipoint or (online) Order by the Customer with regard to Subscriptions to Magazines published by Hortipoint.
Article 9 – Formation Subscription and welcome gift
- A Subscription can be entered into by Subscriber at any time by telephone, electronically or in writing. The conclusion of a Subscription is confirmed by Hortipoint in writing (which in these General Terms and Conditions also includes electronic confirmation). The confirmation contains, among other things, the subscription type, the commencement date of the Subscription and the contact details of Hortipoint's customer service.
- Hortipoint has the right, without stating reasons, not to accept a request from a Customer to enter into a Subscription. If an application is not accepted, Hortipoint will notify the Subscriber in writing within 10 working days after receipt of the application.
- Discount offers and any welcome gifts are only possible if the new Subscriber has not had a Subscription to the Magazine in question during the 6-month period. If this is the case or if abuse is suspected (including excessive taking out of Subscriptions), the right to a discount or welcome gift will lapse and Hortipoint will be entitled to reclaim the welcome gift or discount.
- Where applicable, welcome gift offers are only valid while stocks last.
- If applicable, in the unlikely event that a specific welcome gift is no longer in stock, Hortipoint will offer an alternative in the form of a replacement welcome gift or a discount on the subscription rate, all at the Subscriber's discretion. If a replacement welcome gift is offered and if the additional payment for the replacement welcome gift is lower than for the original order, the Subscriber will receive the difference back. If the replacement welcome gift has a higher additional payment than the original order, the difference will be charged to the Subscriber. If Subscriber does not accept the replacement welcome gift, Subscriber has up to one year to choose a new welcome gift.
- If applicable, Hortipoint will do its utmost to send the welcome gift to the Subscriber within 6 weeks after receipt of the subscription fee. If delivery is not possible within this period, Hortipoint will inform the Subscriber.
- Any defects or damage to the welcome gift must be reported by the Subscriber to Hortipoint within two weeks of receipt on 071-5659644 or by e-mail. firstname.lastname@example.org. Hortipoint is authorized not to deal with complaints received after this period.
Article 10 – Term and cancellation of the Subscription
- A Subscription runs per calendar year. If a subscription is started during the calendar year, the subscription will be entered into up to and including the end of the relevant calendar year. The subscription will then be automatically renewed per calendar year, unless otherwise stated in the offer, subject to cancellation as arranged in this article. Within the subscription term, the Subscription can only be terminated towards the end of the agreed subscription term, whereby the Subscriber must notify Hortipoint of this cancellation no later than four weeks before the start of the new subscription term. This can be done by telephone on 071-5659644, by post to the address of Hortipoint or by e-mail to email@example.com occur. Information about the term of the Subscription can be requested from Hortipoint Customer Service, which can be reached at the aforementioned telephone number and e-mail address.
- With automatic renewal, the Subscription is extended per calendar year. Termination must take place in the manner referred to in the aforementioned paragraph.
- A so-called gift Subscription for a third party is entered into for a definite period of time and is not automatically renewed.
- In the unlikely event of the death of a Subscriber, the Subscription ends at the time Hortipoint is notified of the death of this person. In that case, a refund of part of the subscription amount for the unexpired subscription period can be made, provided that the amount is more than € 10,00 (ten euros).
Article 11 – Prices and payment
- The rates and prices used by Hortipoint only apply to Subscriptions in the Netherlands and include shipping costs and VAT, unless expressly stated otherwise. If desired, Hortipoint can also arrange a subscription abroad, for which additional shipping costs will be charged.
- Payment of the subscription fee is made in advance in a manner that the Subscriber has accepted when entering into the Subscription. The payment terms and prices that apply upon renewal of the Subscription can be found in the colophon or the service page of the Magazine and will be charged by means of an invoice, unless a direct debit has been agreed.
- The payment methods offered may differ, depending on the way in which the Subscription is concluded. If costs are associated with a certain payment method, this will always be clearly stated.
- Payment must be made within the term stated on the invoice or, in the absence thereof, within 14 days of the invoice date.
- In the case of direct debit, the amount will be collected by Hortipoint immediately after the advance notice of the direct debit.
- In the event of late payment, for example due to a reversal of the debited amounts or due to an insufficient balance on the stated account, Hortipoint has the right to charge reminder costs. If payment of the Subscription has not been received, even after a reminder, Hortipoint is entitled to terminate the Subscription unilaterally and with immediate effect, as well as to claim any compensation and overdue payments. Hortipoint then has the right to transfer the claim to a collection agency.
- Reversing an amount (automatically) collected by Hortipoint does not release the Subscriber from his payment obligation.
- Hortipoint reserves the right to change the subscription price during the term of the Subscription. A change to the subscription price will be published in the colophon of the relevant Magazine no later than four weeks before it takes effect. If the change concerns an increase and this increase takes place within three months after the start of the relevant Subscription, the Subscriber has the right to terminate the Subscription with due observance of a notice period of one month and in the manner referred to in Article 10.1 of these General Terms and Conditions.
Article 12 – Delivery
- From the agreed date of first delivery of a Magazine published by Hortipoint, Hortipoint will endeavor to ensure timely delivery during the term of the Agreement.
- Hortipoint is authorized to suspend the delivery of the agreed Subscription if payment is not made on time.
- The Subscriber must report complaints about the delivery to Hortipoint for the attention of the Customer Service department as soon as possible, but no later than within 8 days. This department can be reached by telephone at 071-5659644 or by e-mail at firstname.lastname@example.org. Hortipoint will then endeavor to deliver the relevant edition of the Magazine published by Hortipoint as soon as possible. There are no additional costs associated with this delivery. Complaints regarding the delivery do not entitle the Subscriber to withhold or suspend payment of the subscription fee in whole or in part.
- Hortipoint is not liable for any damage whatsoever as a result of the late delivery of a Magazine published by Hortipoint.
- The Subscriber must make changes to the delivery or billing address in a timely manner, i.e. no later than four
weeks in advance, to Hortipoint. Inaccuracies in the addressing or the name of the Subscriber must be reported to Hortipoint as soon as possible.
Article 13 - Cessation and change content and layout of Magazine
Hortipoint is at all times entitled to change the size, number of editions, content and layout of the Magazines published by Hortipoint at its own discretion, whereby Hortipoint will ensure that the relevant Magazine remains qualitatively and quantitatively in a reasonable proportion, even after the changes. remains until the subscription rate. Hortipoint is also entitled, for whatever reason, to discontinue the publication of a Magazine published by Hortipoint at any time. In that case it is not obliged to make any further deliveries. The Subscriber is then entitled to a partial refund of the prepaid subscription fee.
III. SPECIFIC TERMS AND CONDITIONS REGARDING PRODUCT ORDERS
These provisions are in addition to the provisions referred to under I. and possibly II. applicable to every Agreement between Customer/Subscriber and Hortipoint or Order of Customer/Subscriber whereby Products are sold by Hortipoint.
Article 14 - Warranty
- Hortipoint guarantees that the Products ordered comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and existing legal provisions and/or government regulations on the date of the conclusion of the Agreement.
- The images of the Products offered in a Magazine or on one of the websites operated by Hortipoint are depicted by Hortipoint as accurately as possible. However, Hortipoint cannot guarantee that the colors shown in the images of these Products are exactly the actual colors of the Products to be delivered.
Article 15 – Payment and invoicing
- For the order of Products, payment must be made in a manner that the Customer has accepted when entering into the (online) Agreement (e.g. direct debit or iDeal).
- The rates and prices used by Hortipoint are exclusive of shipping costs and VAT, unless expressly stated otherwise. Hortipoint reserves the right to change prices and rates. Changed prices and rates apply from the moment they are entered and do not apply to an Order that has already been placed.
Article 16 - Delivery and implementation
- Hortipoint will exercise the greatest possible care in the execution of the Orders. Hortipoint uses carefully selected logistics service providers for the delivery of the Orders. They will send the Order to the address specified by the Customer to Hortipoint.
- The risk of damage and/or loss of ordered Products rests with Hortipoint until the moment of delivery to the Customer, unless expressly agreed otherwise.
- Hortipoint will execute the accepted Order within 10 days at the latest, unless agreed otherwise. If the delivery is unexpectedly delayed, or if an Order cannot or only partially be executed, the Customer will be notified of this no later than 8 days after the Order has been placed. In that case, the Customer has the right to dissolve the Agreement free of charge and Hortipoint will refund the amount paid by the Customer as soon as possible.
Last modified: December 1, 2019
© 2019 Hortpoint Foundation