GENERAL TERMS AND CONDITIONS
General Terms and Conditions of Sale of the Radboud University Library Web Shop, having its registered office in Nijmegen, the Netherlands
Version valid as of 1 July 2020
Article 1. General
1.1 For the purposes of these general terms and conditions of sale `Radboud University Library Web Shop’ refers to the library web shop of Radboud University Nijmegen, Erasmuslaan 36, 6500 HA Nijmegen (Chamber of Commerce Number 41055629).
1.2 These general terms and conditions shall constitute part of any offer made by Radboud University Library Web Shop and any agreement concluded with it in so far as is not explicitly derogated from them in writing.
1.3 These general terms and conditions shall also govern any agreement entered into with Radboud University Library Web Shop for the purposes of whose execution the latter needs to engage any other party.
1.4 The application of a Client’s general terms and conditions is explicitly rejected.
1.5 In the event that there is a conflict between the provisions of these general terms and conditions and an agreement, the latter shall prevail.
1.6 Should any part of these terms and conditions be void or nullified, their other provisions shall continue to apply in full and the parties shall have a duty to make an effort to adopt a replacement provision in close consultation with each other, which shall approximate the purpose and purport of the original provision(s) as far as possible.
Article 2. Offers and conclusion of agreements
2.1 All offers shall be free of obligation unless Radboud University Library Web Shop explicitly stipulates otherwise.
2.2 An agreement (for supply and procurement or otherwise) shall be concluded by virtue of an order being placed through the Radboud University Library Web Shop website followed by the latter’s acceptance of it. Any order placed through the Radboud University Library Web Shop website shall be automatically confirmed by email.
2.3 Radboud University Library Web Shop shall be entitled to decline an order or to make its fulfilment subject to certain conditions. In the event that an order is not accepted, Radboud University Library Web Shop shall notify the relevant customer accordingly within ten (10) working days after it has been received.
2.4 A customer shall be deemed to have consented to these general terms and conditions of sale in full by placing an order.
2.5 Any addendum, amendment and/or any other arrangements shall only apply provided that the parties agree to same in writing.
Article 3. Prices and price increases
Unless otherwise stipulated, all prices shall be stated in euros including value added tax (VAT).
Article 4. Delivery
4.1 Where a service is procured, it shall be provided as promptly as possible (subject to the provisions of Article 5 of these terms and conditions) after the relevant order has been despatched and has been placed on the account concerned.
4.2 Subject to proof to the contrary, the duty of Radboud University Library Web Shop to effect delivery shall be fulfilled as soon as Radboud University Library Web Shop offers the service provided to the customer.
4.3 A delivery time stipulated by Radboud University Library Web Shop shall be indicative. Failure to meet any delivery time shall not confer entitlement to compensation on any customer.
Article 5. Delivery times
Under no circumstances may a delivery time mentioned by Radboud University Library Web Shop be viewed as a material deadline. A term for delivery shall only commence once all of the requisite details are in the possession of Radboud University Library Web Shop, following which the latter shall endeavour to arrange delivery by no later than within five (5) working days.
Article 6. Cancellation
6.1 Radboud University Library Web Shop shall be entitled to suspend compliance with its obligations or to cancel the relevant agreement in the event that the relevant customer fails to comply with their obligations pursuant to the agreement concerned or to do so fully or on time.
6.2 Radboud University Library Web Shop shall also be entitled to cancel an agreement in the event that any circumstances occur which are of such a nature that it cannot reasonably be expected to remain in force as is.
6.3 In the case of a consumer purchase of a service provided pursuant to an order placed with Radboud University Library Web Shop within the meaning of Section 7:5 of the Civil Code the relevant customer shall be entitled to cancel the order within a period of seven (7) working days without citing reasons for doing so, unless explicitly agreed to otherwise. This period shall commence at such time as the service ordered has been provided. In the event that a customer fails to return a service provided to Radboud University Library Web Shop after the expiry of that period, its purchase shall be final. Before proceeding with a return, a customer shall have a duty to notify Radboud University Library Web Shop accordingly within a period of seven (7) working days following its supply. A customer shall be required to show that the service provided has been returned on time (by no later than fourteen (14) days after its supply), for example, with the aid of proof of postal delivery. The return of any service that has been provided shall occur at the relevant customer’s risk and expense. A service must be returned in its original packaging (including any accessories and accompanying documentation), its condition being as new. In the event that a service obtained by a customer is used, encumbered or in any way damaged, entitlement to cancel within the meaning of this clause shall cease to apply. Subject to what is stipulated in the foregoing sentence, after inspecting the service which has been returned and received, Radboud University Library Web Shop shall immediately confirm cancellation of the sale and shall ensure that the full purchase price is refunded to the customer free of charge within thirty (30) days after safe receipt of the entire return consignment.
6.4 Entitlement to cancellation, as mentioned in the foregoing clause, shall only refer to the service provided.
Article 7. Force majeure
7.1 Radboud University Library Web Shop shall not have a duty to comply with any obligation towards a customer in the event that they are prevented from doing so as a result of any circumstances which are not due to culpability and for which they are not liable pursuant to the law, a legal act or generally accepted principles.
7.2 In addition to what is stipulated in this respect in the law and case law, for the purposes of these general terms and conditions of sale, force majeure is deemed to refer to any cause of external origin, whether foreseen or not, over which Radboud University Library Web Shop is unable to exercise any control but as a result of which it is unable to comply with its obligations.
Article 8. Conformity, warranties and right to complain
8.1 Radboud University Library Web Shop warrants that any service provided will comply with the relevant agreement, the specifications mentioned in the offer concerned, reasonable requirements in respect of durability and/or usability, and any provisions of the law and/or government regulations applicable on the date on which the relevant agreement was concluded.
8.2 A customer shall have a duty to ascertain whether a service provided complies with the relevant agreement when it is supplied. In the event that this is not the case, the customer shall be required to notify Radboud University Library Web Shop of this in writing – citing grounds for same – as soon as possible but at any rate within fourteen (14) working days after delivery or at any rate when it was reasonably possible to detect this.
Once it is shown that a service provided fails to comply with the relevant agreement, Radboud University Library Web Shop shall have a duty to make changes accordingly.
Article 9. Payment
Unless otherwise agreed, payment of the amount owed to Radboud University Library Web Shop shall be made through i-DEAL, Creditcard or with the aid of an internal project code.
Article 10. Retention of title
All of the services provided by Radboud University Library Web Shop pursuant to an agreement shall remain the latter’s property until all of the amounts which the customer owes for the services provided in accordance with that agreement have been paid.
Article 11. Intellectual property rights
Unless explicitly agreed to in writing, all copyrights and other intellectual property rights to any service provided by Radboud University Library Web Shop shall be vested in the latter and/or its suppliers.
Article 12. Governing law
All offers presented by and agreements entered into with Radboud University Library Web Shop shall be solely governed by and construed in accordance with the law of the Netherlands.
Article 13. Complaints
13.1 Any complaint concerning the execution of an agreement must be described clearly and comprehensively, and must be submitted to Radboud University Library Web Shop within the appropriate time after the customer has detected the defect in question.
13.2 A reply shall be provided in response to any complaint that is submitted to Radboud University Library Web Shop within a period of fourteen (14) days as of the date on which it is received. Where it can be foreseen that a longer period of time will be required to deal with a complaint, Radboud University Library Web Shop shall reply to it within a period of fourteen (14) days, giving notice of its receipt and providing an indication as to when the customer concerned may expect a more detailed answer.