General Terms and Conditions
Article 1 - Definitions
In these terms and conditions the following is understood under:
AthenaSummary: the legal entity that offers products and/or services (at a distance) to consumers, under the trade name AthenaSummary;
Other Party: the natural person not acting in the exercise of profession or business and concludes a distance contract with AthenaSummary;
Distance agreement: the agreement concluded between AthenaSummary and the Other Party within the framework of an organized system for distance selling without simultaneous personal presence of the parties and where, up to and including the moment of the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
Means of distance communication: means that can be used for the conclusion of an agreement, without the Other Party and AthenaSummary having to come together simultaneously in the same space;
Reflection period: the period within which the Other Party can make use of his right of withdrawal;
Right of withdrawal: the legal possibility for the Other Party to dissolve the distance contract without giving reasons within fourteen days after the conclusion of the distance contract as referred to in Article 6:230o paragraph 1 of the Dutch Civil Code;
Day: calendar day;
Delivery day: any day with the exception of Monday, Sunday and equivalent official holidays;
Academic year: the academic year runs from the first Monday in September to July 31 of the following calendar year.
Study product(s): a (literature) summary, Exam Guide, Practice Booklet, (lecture) report or any other product offered by AthenaSummary;
Printer: Distribution Center Nic. Oud B.V., having its registered office in Alkmaar, the Netherlands, and its principal place of business in Heerhugowaard, the Netherlands.
Customer Service of AthenaSummary: the digital customer service of AthenaSummary, accessible via firstname.lastname@example.org.
Article 2 - The agreement
The agreement between AthenaSummary and the Other Party is realized by the Other Party after filling in the necessary (personal) data, clicking on 'checkout' and paying in full.
Article 3 - Study Product
The ownership of a delivered study product is only transferred to the Other Party, if the Other Party has paid all that is due under the agreement with AthenaSummary. The risk and responsibility of the study product passes on to the Other Party at the time of delivery.
AthenaSummary strives for optimal quality of its study products. A Study Product is a supplement to the followed education, not a replacement.
AthenaSummary, its employees, writers, language checkers and any other persons associated with AthenaSummary are not liable for any errors, omissions or consequences of any kind arising from the distance agreement or a Study Product.
All supplements and updates to a study product are only available for the applicable academic year. AthenaSummary shall not be liable for damages arising from the removal or unavailability of supplements and updates after the end of the academic year.
Article 4 - Digital Study Product
AthenaSummary also offers the study products in a digital version. An offered study product is and remains at all times the property of AthenaSummary.
AthenaSummary grants the Other Party a limited, non-transferable and non-exclusive license for personal, non-commercial use of the study product and related service.
A granted license is never valid until after the end of the academic year in which the license was granted.
The right of use includes exclusively an authorization to view the Study Product. Beyond that, the Other Party is not permitted to use, disclose, make available, make accessible, reproduce or alter the digital Study Product in any way whatsoever.
In the case that the Other Party enables third parties access to the study product, in any way, AthenaSummary is authorized to revoke the license immediately.
Article 5 - Intellectual Property and infringement thereof
Full or partial reproduction, copying, duplication or disclosure of the content or structure of any study product in any form, by any means and to any person or groups is prohibited at all times without prior written and expressed consent of AthenaSummary.
The other party or third parties must fully and unconditionally respect all intellectual and industrial property rights that rest on the delivered products. Failure to respect it constitutes one or more offenses according to articles 31, 31a, 31b, 32, 32a, 33 and 34 of the Copyright Act 1912. AthenaSummary will be obliged to file a report and reasonably set one or more fines which will benefit AthenaSummary. Such penalty(s) shall accrue proportionately to the author(s) of the study product in question.
Article 6 - Prices
Prices mentioned on the website include VAT.
Price changes and typographical errors are reserved. No rights can be derived from the information on the website(s) managed by AthenaSummary.
AthenaSummary reserves the right to change prices, in particular when this appears necessary due to (legal) regulations or business reasons.
Article 7 - Orders
For misunderstandings, mutilations, delays or not properly conveyed orders and communications resulting from the use of a means of distance communication between the Other Party and AthenaSummary, or between AthenaSummary and third parties, insofar as it relates to the relationship between the Other Party and AthenaSummary, AthenaSummary is not liable, unless there is intent or gross negligence of AthenaSummary.
AthenaSummary reserves the right to refuse delivery to customers for ill intent, payment refusal or unserious orders.
An order for a study product that is readily available, placed before 5:00 p.m. and for which payment has been made in full using one of the available payment methods will, subject to stated exceptions, will be shipped to the Printer by AthenaSummary that same day.
AthenaSummary is authorized to use third parties when executing orders.
Article 8 - Delivery
A study product is delivered to the address known to AthenaSummary and communicated by the Other Party. In case of deviation of the transmitted data with the actual or desired address, the cost of the new delivery shall be borne by the Other Party.
The expected shipping dates and delivery times are indicative. Exceeding of any delivery period does not give the Other Party the right to compensation nor the right to cancel the order or to dissolve the agreement, unless the exceeding of the delivery period for a timely order is such that it must be suspected that the Other Party does not receive the study product in a timely manner due to intent or gross negligence of AthenaSummary. In this regard, an exceeding of the expected shipping date of fourteen days is still considered timely in any case.
The Other Party itself must ensure a timely order for the desired use of the study product before the Other Party can invoke Article 7.1.
AthenaSummary is not liable for the damage that occurred as a result of delivery after the time of the desired use of the study product.
AthenaSummary is in no way liable for wrong, no or not timely delivered goods by third parties, unless this is due to intention or gross negligence of AthenaSummary.
Without prejudice to the other rights accruing to her, AthenaSummary has in case of force majeure the right to suspend the implementation of the order, or to dissolve the agreement without judicial intervention. This will be done by communicating this to the Other Party electronically. AthenaSummary will not be held to any compensation. Force majeure means any shortcoming which cannot be attributed to AthenaSummary, because it is not due to its debt and by virtue of the law, legal act or the views prevailing in legal traffic for its account. This should at least, but not exclusively, include disruptions in national or regional mail delivery for whatever reason and impediments in the production and shipment of the study product by the Printer.
Article 9 - PostNL
If the Other Party has not or not completely received an order which should have been delivered according to the information provided by third parties to AthenaSummary, this must be reported immediately in writing by the Other Party to the customer service of AthenaSummary. This report must be submitted no later than three days after the alleged delivery, motivated and contain at least the order number, the full name and address details of the Other Party and the track-and-trace code of PostNL.
AthenaSummary is not liable for delay, postponement, or any other change in the expected delivery time of PostNL. The track-and-trace code is indicative in nature and therefore no rights can be derived from it.
AthenaSummary is not liable for damage to the order or any other damage to the package. The responsibility for the delivery of the order rests with PostNL.
Article 10 - Authorization
By placing an order with AthenaSummary, the Other Party authorizes AthenaSummary to arrange for the shipment of a study product in the name and for the account of the Other Party, subject to exceptions stated with the order.
Article 11 - Returns and cancellation
The Other Party will check upon delivery of a Study Product that it corresponds to the order. If it does not conform to the distance agreement, the Other Party must notify AthenaSummary of this immediately, at least within three days after delivery, in writing and with reasons. If the Other Party exceeds this period, it is assumed by AthenaSummary that the delivery complies with the distance agreement. Consequently, the cost of a new order shall be borne by the Other Party.
It is not possible to cancel an order in process. Only in the case that the order is still in pre-sale, the Other Party can submit a written and motivated cancellation request to the customer service of AthenaSummary. A cancellation request will only be processed if it is provided with the order number, name, and address of the Other Party.
Contrary to the previous paragraph, the Other Party may also cancel an order in case the distance contract contains an obvious and irrefutable error. This includes in any case the order of a study product that is not related to the study of the Other Party. The Other Party must submit a motivated and written cancellation request to the customer service of AthenaSummary.
Goods that are sent unsolicited can be returned to the office of AthenaSummary at the expense of AthenaSummary. The other party or third parties are reminded to enter personal data correctly.
The Other Party has no right to the dissolution of agreements at a distance or outside the sales space as referred to in Article 6:230o Dutch Civil Code. The nature of the study product means that the study product falls under the exception of Article 6:230p sub f under 7 of the Dutch Civil Code. By agreeing to these General Terms and Conditions, the Other Party confirms that it has been expressly informed of the absence of the right to dissolve the agreement.
Returning orders, for whatever reason or cause other than in the case of article 10.4, is not possible. If the delivery is incorrect, incomplete or in any other way not corresponding to the order, the Other Party can turn to the customer service of AthenaSummary.
Article 12 - Payment and reminders
Payment is made through the possible ways presented on the website of AthenaSummary. The Other Party has the choice of iDeal, credit card, PayPal, Bancontract and Giropay. Restrictions or changes in payment methods are reserved.
If payment is not completed in full, the order will not be processed. A payment is not fully completed until the Other Party receives an email confirmation of the completed order. AthenaSummary does not notify the Other Party that a payment has proved unsuccessful.
If, for any reason, the Other Party fails to meet its payment obligation, AthenaSummary will send the Other Party a written demand for payment, at the (electronic) address of the Other Party as given by the Other Party to AthenaSummary.
If AthenaSummary summons the Other Party to pay, the Other Party shall pay the amount specified in the summons within ten days from the date of the summons and in the manner specified in the summons.
If payment has not taken place within ten days after the date of the first reminder, the Other Party will again be summoned to pay the amount due within ten days. The amount due will be increased by an amount of five euros for administration costs.
If payment has not taken place within fourteen days after the second reminder, the Other Party will be blocked on the ordering system of AthenaSummary.
If payment by or on behalf of the Other Party has not taken place within the period specified in the preceding paragraph, AthenaSummary will transfer its claim to third parties. She is already authorized to do so from the moment that the first reminder is not complied with.
If AthenaSummary transfers its claim for collection to third parties, all related costs, of whatever nature, will be for the account of the Other Party. These costs also include all costs of legal action in the broadest sense of the word.
Payments made by the Other Party after the first reminder will be deducted from the costs and principal sum due.
Blocking of the Other Party on the ordering system of AthenaSummary will be lifted as soon as possible after full payment of the principal sum and the due (collection) costs.
If non-payment by the Other Party occurs, AthenaSummary reserves the right to refuse future orders from the Other Party.
Article 13 - Additional or different provisions
Additional or different provisions of these terms and conditions may not be to the detriment of the Other Party and should be recorded in writing or in such a way that they can be stored by the Other Party in an accessible way on a durable data carrier.
Article 14 - Final provisions
These General Terms and Conditions are exclusively governed by Dutch law. Disputes arising from agreements to which these General Terms and Conditions apply may only be brought before the District Court of Amsterdam.
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