gahetNA in the National Archives

Terms and conditions

Terms and conditions for products for online public use for the Foundation of Friends of the Nationaal Archief on the website www.gahetna.nl

Article 1 Applicability

1.1 The following terminology is used in these terms and conditions:
Foundation of Friends: Foundation of Friends of the Nationaal Archief in The Hague;
Product/products: services provided online or supplied by the Foundation of Friends;
Customer: the customer or potential customer of the Foundation of Friends;
Consumer: a Customer not acting on behalf of their profession or business;
Business Customer: a Customer acting on behalf of their profession or business.

1.2 These terms and conditions apply only to all online services of the Foundation of Friends and to all online agreements made with the Foundation of Friends.

Article 2 Services, orders and agreements

2.1 All services provided online by the Foundation of Friends are non-binding. Orders and acceptances of services by the Customer are final.

2.2 An agreement between the Foundation of Friends and the Customer is established after the Customer has provided the Foundation of Friends with all information requested and the Foundation of Friends has confirmed the order by e-mail to the e-mail address provided by the Customer.

2.3 The Foundation of Friends must be notified of any errors in the order confirmation by the Customer immediately upon receipt; if this is not the case the order confirmation is deemed to reflect the agreement correctly.

Article 3 Compliance

3.1 Specifications provided by the Foundation of Friends concerning colours, dimensions, quality, properties etc. are approximate only and non-binding.

3.2 Images, descriptions, photographs, catalogues, publicity material, services and information included on the website(s) of the Foundation of Friends, in whatever form, do not bind the Foundation of Friends.

3.3 If the products ordered by the Customer are intended for use outside the Netherlands, the Customer is required to ensure that the products and associated packaging, manuals etc. meet all the requirements of the regulations in the country of destination. Use of the products and compliance with regulations applicable outside of the Netherlands is at the Customer’s risk.

Article 4 Intellectual property

4.1 The Customer may not remove or alter any details concerning patents, copyrights, trademarks, trade names or other rights regarding intellectual or industrial property stated on the products.

4.2 The Customer is responsible for the correct use of software products in accordance with the licence terms of the manufacturer.

4.3 The intellectual property rights with regard to the website of the Foundation of Friends, as well as its design and any descriptions, images, video clips and other information included on the Foundation of Friends’ website(s), in whatever form, belong to or are licensed by the Foundation of Friends or by an institution/business associated with the Foundation of Friends.

Article 5 Prices

5.1 The purchase price payable by the Customer plus additional costs for shipping, VAT and any other fees or surcharges are clearly stated in the order confirmation and invoice of the Foundation of Friends.

5.2 The prices mentioned on the Foundation of Friends’ website are without obligation and subject to change.

Article 6 Delivery time and delivery

6.1 The delivery times stated are approximate and come into effect as soon as the Foundation of Friends has received payment of the purchase price and any additional costs from the Customer on its bank account (unless payment on account has been agreed with a Business Customer). Delivery times should not be considered as binding. Should delivery times exceed those stated, the Foundation of Friends is not obliged to pay compensation and the Customer is not entitled to cancel or suspend the obligations of the agreement.

6.2 A Consumer is entitled to terminate the agreement if and insofar as the Foundation of Friends has not fulfilled the agreement within 30 days after the originally specified or agreed delivery time. The Foundation of Friends is in this case not obliged to pay compensation.

6.3 The products are delivered to the address stated in the order confirmation. This address may also be a link on the Customer’s personal ‘My Profile’ page.
The risk passes to the Customer at the moment of delivery.

6.4 If the product ordered is not/no longer available, the Foundation of Friends is entitled to deliver a suitable equivalent product of at least the same quality for the same price. This will be agreed with the Customer beforehand.

6.5 If the Customer does not take delivery of the products, they will be stored at the risk and expense of the Customer for as long as the Foundation of Friends deems appropriate. In this case, the Foundation of Friends has the choice to either claim compliance with the agreement or to terminate the agreement, without prejudicing its rights to compensation for damages and lost profits, including the costs of storage.

6.6 The Foundation of Friends is not obliged to grant a Customer’s request for a repeat delivery. If the Foundation of Friends agrees to such a request, the associated costs will be borne by the Customer.

6.7 The Foundation of Friends is authorised to execute an agreement in consignments and to request payment for that part of the agreement that has been carried out.

Article 7 Force majeure

7.1 If the Foundation of Friends is unable to fulfil the agreement due to circumstances beyond its control, it is entitled to suspend fulfilment of the agreement. In such cases, the Customer will not be entitled to compensation for damages or costs.

7.2 Force majeure also includes non-delivery or late delivery of goods or services by third parties that have been contracted by the Foundation of Friends.

7.3 A force majeure event lasting longer than a period of 30 days entitles both parties to dissolve, in writing, the unenforceable part of the agreement. In such cases the Customer will not be entitled to compensation for damages or costs.

Article 8 Warranty and complaints

8.1 The Foundation of Friends is responsible for the high quality of the products it supplies. However, should defects as a result of manufacturing and/or material faults occur in a product provided by the Foundation of Friends, the Foundation of Friends will restore the product, or have it restored, or it will be partially or completely replaced.

8.2 The warranty is valid for the period of the product’s statutory warranty.

8.3 Any warranty for software products is provided by the licenser to the Customer (licensee) in accordance with the licence terms. The Foundation of Friends gives no warranty on software products.

8.4 Any warranty excludes defects that occur as a result of, or partly as a result of, the following: normal wear and tear, failure to comply with licence terms or requirements stipulated by the manual, improper or careless use, viruses, short-circuits or other outside influences, repairs or other activities carried out by third parties or by the Customer without prior written permission from the Foundation of Friends.

8.5 Any complaints concerning the quantity of products supplied must be submitted by e-mail within 7 days of delivery to the Foundation of Friends, failing which the quantities specified on the delivery note will provide conclusive proof against the Customer.

8.6 Claims under the warranty must be made in writing to the Foundation of Friends within 7 days after a defect occurs. The Foundation of Friends is not responsible for any claims made after this period.

8.7 If the Customer makes a claim then said Customer is obliged to make available to the Foundation of Friends any products for which a claim is being made.

8.8 Returns to the Foundation of Friends of products sold, for whatever reason, can only take place following written permission from the Foundation of Friends; including a reference to a return consignment number provided by the Foundation of Friends; and based solely on a return request filed in accordance with the returns policy described on the Foundation of Friends’ website. During a return request, the Customer must provide all details described in the returns policy. The Foundation of Friends reserves the right not to honour a return request. Postage or shipping and all related expenses will be borne by the Customer. The products remain the risk of the Customer at all times. The Foundation of Friends will only reimburse postage or shipping costs it has approved and only after it has been established that there is an attributable failing on the part of the Foundation of Friends.

8.9 Any defects concerning a portion of the products supplied do not give the Customer the right to reject or refuse the entire consignment of products, supplied or otherwise.

8.10 Claims do not suspend the Customer’s payment obligations.

8.11 If the Customer observes a shortcoming in a product, said Customer is obliged to do everything possible to prevent or limit damage. We stress that this may involve immediately terminating use of the product.

8.12 This warranty does not affect the Customer’s rights according to the law, which may not be waived.

Article 9 Retention of title

9.1 Ownership of the products, either supplied or on order, is only passed to the Customer after the Customer has met all payment obligations to the Foundation of Friends. With regard to software products, the Customer is only provided with right of use.

9.2 Should the Customer fail to meet such obligations, the Foundation of Friends is entitled to collect the products, or have them collected by a third party, from the place at which they are located and at the Customer’s expense.

9.3 The Customer is not entitled to pledge any products which have not yet been paid for, or to transfer their ownership. The Customer is obliged to store any products delivered under retention of title with due care and such that they are clearly identifiable as the property of the Foundation of Friends.

Article 10 Payment

10.1 Payment for the products must take place prior to delivery and exclusively by means of bank transfer.

10.2 Should payment not be received on time, the Customer will be charged an interest rate of 1.5 per cent per month, starting from the stipulated due date until the date of payment and without further notice of default.

10.3 All collection costs will be charged to the Customer. The costs of extrajudicial collection amount to at least 15 per cent of the amount due with a minimum of EUR 150.

10.4 The Customer loses any rights to settle mutual amounts due.

10.5 Any payments already made by the Customer will first be deducted from the amount owed, then deducted from the interest owed, and then deducted from the longest outstanding debts, even if the Customer reports that payment was for a different claim.

Article 11 Cancellation and approval period

11.1 A Business Customer may not cancel the purchase of products. If a Business Customer nevertheless cancels an order, said Business Customer is obliged to reimburse the Foundation of Friends for any costs reasonably expected following the agreement, any costs incurred by activities of the Foundation of Friends, and any loss of earnings by the Foundation of Friends, with the addition of VAT.

11.2 A Consumer may cancel the purchase of products without stipulating a reason within 7 working days of receiving the product. If the Consumer wishes to make use of this termination option, said Consumer must notify the Foundation of Friends in accordance with the returns policy described on the Foundation of Friends’ website. Said Consumer must also return the product to the Foundation of Friends within 7 working days of the date of termination at his own expense, and with reference to the return consignment number obtained through the returns policy. After deduction of the fees specified in the returns policy, the purchase price paid by the Consumer will be refunded to the Consumer within 30 days after termination. Termination is not possible for any products that are either damaged, no longer in the original and unopened packaging, have already been used, or have become unfit for sale; nor is this possible for audio/video/software products whose seal has been broken. Termination is also not possible for images (custom orders) ordered through the Image Library on the website.

11.3 The Foundation of Friends is entitled to refuse returned products that are no longer in the condition in which they were supplied to the Consumer, i.e. including the original packaging, manuals and warranties, and to deduct any depreciation and/or return shipping costs from the amount to be refunded.

11.4 The Foundation of Friends is not responsible for the processing times applied by banks for handling refunds.

Article 12 Recommendations

12.1 The recommendations given, statements made and information provided on the Foundation of Friends’ website, for example regarding the specifications of the products provided by the Foundation of Friends, are entirely without obligation and are provided by the Foundation of Friends in the form of non-binding information. In this respect the Foundation of Friends can offer no guarantee.

12.2 The Foundation of Friends is not liable for any damages, whether direct or indirect, in whatever form or for whatever reason, that are a result of the provision of this information and/or recommendations.

Article 13 Liability

13.1 With the exception of the provisions made in article 8, a Business Customer cannot make any claims against the Foundation of Friends for defects in products supplied by the Foundation of Friends.

13.2 The Foundation of Friends is in no way liable for consequential damage or any other indirect damage, unless there is gross negligence or intent on the part of the Foundation of Friends.

13.3 In all cases where the Foundation of Friends is obliged to pay compensation to the Customer, the amount will not exceed the invoice value of the products supplied through which, or in connection with which, the damage was caused. In addition, if the damage is covered by an insurance policy held by the Foundation of Friends, the compensation will not exceed the amount actually paid in that case by the insurer.

13.4 Unless acknowledged by the Foundation of Friends, every claim made against the Foundation of Friends shall expire 12 months after the claim arose.

Article 14 Privacy

14.1 The Foundation of Friends respects the Customer’s privacy. The Foundation of Friends will process the Customer’s personal data in accordance with statutory privacy legislation and with the Privacy Statement available on the Foundation of Friends’ website. The Customer agrees to his personal information being processed in this way.

Article 15 Closing provisions

15.1 The effect of any international convention on the sale of movable tangible property, whose effect between parties can be excluded, is not applicable and is hereby expressly excluded. More specifically, the applicability of the Vienna Sales Convention 1980 (CISG 1980) is expressly excluded.

15.2 If the Customer acts on the behalf of one or more third parties, said Customer is still liable as if he himself were the Customer, without prejudice to the liability of the third party/parties.

15.3 If a provision in these terms and conditions against the Customer proves void or invalid, a valid provision that most closely resembles the void or invalid provision will apply in its place.

15.4 All disputes between the Foundation of Friends and the Customer will be settled exclusively by the competent court in the Netherlands. However, the Foundation of Friends is entitled to apply to a court in the Customer’s place of residence/business if that place of residence/business is located outside the Netherlands.

15.5 All agreements made by the Foundation of Friends are subject to Dutch law only.

15.6 In the event of discrepancies or ambiguity between the original Dutch version of these terms and conditions and this translation, the Dutch text shall prevail.

The Hague, 15 March 2011

gahetNA is a website of the Society for the Nationaal Archief in cooperation with the Nationaal Archief and Spaarnestad Photo.
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