Terms of sale
Article 1. Field of Application
1.1 On all offers, orders and agreements of or with Antiquariaat esSeF (hereafter: Essef.nl) are, excluding possible other general terms, these General Terms of Sale (hereafter: Terms of Sale) applicable. These terms of Sale are available via internet, url: http://www.essef.nl.
1.2 By placing an order on Essef.nl you agree with these Terms of Sale.
1.3 Change or modification of these Terms of Sale or part thereof, can only be done in writing, in which case all other conditions in these Terms of Sale will remain valid. Essef.nl heeft has the right to change these Terms of Sale from time to time. The changed Terms of Sale will be applicable from the moment of publication on this website.
1.4 All rights mentioned in these terms of Sale or gained in future agreements on behalf of Essef.nl are also applicable for mediators and other third parties.
1.5 These Terms of Sale are available on url: http://www.essef.nl both in Dutch and in English with the same intentional contents. In the unlikely case of any disputable discrepancy between the two versions, the Dutch version prevails. See Article 10.
Article 2. Offers/contracts
2.1 All offers of Essef.nl are without obligation. Essef.nl has the right to change prices, especially when changes are mandatory in view of Dutch law or prevailing branch rules. Reference is made to clause 3.6.
2.2 A contract only becomes effective as and when Essef.nl has accepted and confirmed your order. Essef.nl has the right to reject orders under motivation or to add special conditions on delivery. If your order is not accepted, you will be notified within fourteen (14) working days.
2.3 For some articles age restrictions are valid. By ordering these articles, the buyer declares to have at least the minimum age as required.
Article 3. Prices and payments
3.1 The prices of offered articles and services are given in Euro's, excluding charges for postage and packaging, possible other taxes or surcharges, unless mentioned otherwise or confirmed in writing. The buyer waives the right for V.A.T. refund for any international parcel deliveries.
3.2 Regardless payment method, for orders with a delivery address within The Netherlands the invoice (without discount or compensation) needs to be paid within thirty (30) days from the date of invoice. For orders with a delivery address outside The Netherlands the invoice needs to be paid within thirty (30) days from the date of invoice, unless agreed otherwise.
3.3 You can pay by paypal to info@essef.nl. Credit card payment is not possible.
3.4 In case of overdue payment, from the date of payment due, you are liable to pay overdue interest of 1% per month or part of a month of the outstanding amount. If your payment is received after Essef.nl has sent you a statement of account we are entitled to invoice an amount fifteen Euro's (€ 15,00) for administration and documentation as extra payment due. If Essef.nl chooses to outsource debt collection, you will also be responsible to pay the costs of debt collection. The minimum charges for debt collection are fifteen percent (15 %) of the overdue amount, but Essef.nl reserves the right to charge you the truly made extrajudicial costs.
3.5 In case of untimely, complete payment, Essef.nl has the right to cancel subject contract or connecting contracts or to postpone delivery.
3.6 If prices of the offered articles and/or services rise within the period between ordering and the excecution of the delivery by Essef.nl, you have the right to cancel the order within fourteen (14) days after the announcement of the price increase by Essef.nl.
Article 4. Delivery
4.1 The on this website advertised delivery time is indicative. You will receive your delivery with proper speed within fifteen (15) working days for deliveries within The Netherlands and within thirty (30) days for deliveries worldwide, unless indicated otherwise, in which case you will receive a notification in writing. You have the right to cancel the order till the date of delivery without any charges. Delay in delivery does not give you the right to claim financial compensation for damage of any kind.
4.2 Delivery takes place on the moment that articles are offered for delivery on the given address of delivery.
Article 5. Right of property of goods
5.1 The right of property is passed to you on the moment of complete payment of the invoice. The risk of posession of the delivered articles passes on to you on the date of delivery.
Article 6. Intellectual and industrial Rights of Property
6.1 All intellectual and industrial property rights applicable on goods delivered by Essef.nl, must be completely and unconditionally endorsed and respected by you as a buyer.
6.2 Essef.nl does not guarantee that delivered articles and goods do not violate any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and responsibilities
7.1 Check the received articles immediately after receipt. Possible, on the website unmentioned defects should be reported to Essef.nl in writing and motivated, within one month after discovery.
7.2 In case it is evident that an offered article does not comply with the contract, Essef.nl has the choice to replace the article upon receipt of return by a new copy, or to reimburse the unit cost on the invoice or to reimburse the unit cost on the invoice plus return postage charges, if Essef.nl has requested return shipment.
7.3 If for whatever reason you decide not to want the ordered article(s), you have the right to return the article within seven (14) working days after delivery to Essef.nl and to cancel the order. Return shipment of new books will only be acceptable of the original packing is intact and undamaged. If payment has been made, Essef.nl will return the paid amount within thirty (30) days. Direct costs of return shipment will be on your expense.
Article 8. Orders/communication
8.1 Essef.nl is not responsible voor miscommunication, damage, delay of not proper delivery of orders and announcements as a consequence of the use of internet or other means of communication between you and Essef.nl, or between Essef.nl and third parties, unless in case of gross negligence or intentional act by Essef.nl
Article 9. Various
9.1 You can derive no rights in case Essef.nl decides to apply these Terms of Sale with flexibility.
9.2 In case one or more clauses of these Terms of Sale or any other contract with Essef.nl are in conflict with any applicable rule of law, the subject clause(s) is/are deemed unapplicable and unvalid and will be replaced by a new comparable clause to be determined by Essef.nl
9.3 Essef.nl is allowed to make use of the services of third parties to excecute orders.
9.4 In case of Force Majeure Essef.nl has the right to cancel your order or delay it's delivery, after notification in writing and without legal intervention.
Article 10. Applicable law
10.1 These Terms of Sale including rights, obligations, quotations, orders and contracts falling under these Terms of Sale, are exclusively subject to Dutch law.
10.2 All disputes between parties will be exclusively ruled by an authorized judge in The Netherlands
Antiquariaat Essef
De Rival 54
9207 CS Drachten
+31 (0)512 531926
Chamber of Commerce: 01105558
e-mail: info@essef.nl
This information in Dutch