These general terms and conditions of Cultura Nova Media B.V. (kvk: 82993602) (hereinafter referred to as Cultura Nova) shall apply to each instance of use of hisstoryoftheworld.com (hereinafter referred to as the Shop). By placing an order with the shop you will be deemed to have agreed with these general terms and conditions. These terms and conditions shall be sent to the customer at no charge upon first request.
1.1. In these general terms and conditions of sale and delivery, the following terms are defined as:
- Customer: a natural person who acts as a buyer of goods or services, but is not acting in the course of a profession or a business
- Distant communication technology: a means to reach agreements at a distance without simultaneous personal presence of the parties
- Service(s): all work that Cultura Nova provides for or for the benefit of the customer, whether or not in conjunction with the delivery of products
- Direct sale: sale of products or services in a store
- Defect(s): any deviation of a product or service from the specification and any improper functioning of a product or improperly performed service
- Delivery time: the time frame determined in the agreement within which the product must be delivered or the service must be rendered
- Order: any order of products or services by a customer, via any form of communication, as well as any purchase of products or services via direct sale is considered to be an order subject to the applicability of the present terms and conditions
- Agreement: any agreement that is reached between Cultura Nova and customer, any amendment or attachment to the agreement, and all (legal) actions required for the preparation or execution of the agreement
- Product(s): item(s) which the customer undertakes to purchase from Cultura Nova
- Specification: the description(s) drawn up or expressly approved by Cultura Nova of the products and services supplied by Cultura Nova and listed in the order or agreement. In the absence of such a specification, the description of what has been expressly agreed upon by the parties shall apply, or in the absence of the latter, all that is common practice in the industry as a whole shall apply
- Remote sale: a system organized by Cultura Nova for sales that are conducted or services provided by telephone or Internet, using one or several techniques for remote communication up until and including the moment of entering into the agreement
- Cultura Nova: the private limited liability company Cultura Nova, Cultura Nova Media B.V located at Kikkerveen 109, 3205 XA Spijkenisse, registered with the Chamber of Commerce under number 82993602 as well as all legal successors under general or special title
- Terms and conditions: the latest version of these general terms and conditions of sale and delivery for customers. These terms and conditions shall be sent to the customer at no charge upon first request
- Reflection period: the legal period within which customers may exercise their right of withdrawal
- Applicability and validity
2.1. These terms and conditions shall apply to all estimates, offers, agreements or sales of products to which Cultura Nova has declared these conditions to be applicable, regardless of the means of communication used, unless otherwise expressly agreed upon in writing by both parties.
2.2. The present terms and conditions shall likewise apply to all agreements with the customer for the performance of which the customer has to rely on third parties.
2.3. The Cultura Nova general terms and conditions of sale and delivery for businesses shall apply to all (legal) transactions between Cultura Nova and parties acting in the course of a profession or a business.
2.4. If at any time one of the provisions of the present terms and conditions proves to be void or voidable, or is or becomes invalid in full or in part, the remaining provisions of these terms and conditions shall continue to apply in full and Cultura Nova and the customer shall replace the void provision by an equivalent provision corresponding to the spirit of the void provision.
2.5. These terms and conditions have been drawn up in the English language. In the event of a discrepancy between any translation made of these terms and conditions and the original English version, the original English version shall prevail.
- Offer and acceptance
3.1. An agreement can be made via remote sale or via direct sale.
3.2. All price estimates and quotations are offered without obligation and are merely invitations to place an order, unless otherwise expressly stated by Cultura Nova. The prices are offered subject to availability.
3.3. An order can only be considered accepted by Cultura Nova once written confirmation has been received from Cultura Nova.
3.4. Cultura Nova accepts no liability whatsoever for any discrepancies, deviations or dissimilarities between the customer’s order and Cultura Nova’s original quotation, unless otherwise expressly stated by Cultura Nova.
3.5. Cultura Nova reserves the right to refuse orders without giving reasons. In the event of such a refusal, Cultura Nova shall notify the customer within fourteen (14) days following placement of the order.
3.6. If no order confirmation is sent due to circumstances including the nature, size or urgency of the order, the Cultura Nova invoice shall be considered to be an order confirmation.
3.7. Any agreement can be cancelled by Cultura Nova on the condition that the customer, at Cultura Nova’s exclusive discretion, is insufficiently solvent to meet the terms of the agreement.
- Approval period
4.1. In the event of a remote sale, the offer is subject to an approval or reflection period of fourteen (14) days, starting on the day of receipt of the product(s) ordered by or on behalf of the customer.
4.2. The reflection period is the period during which the customer may use his right of withdrawal and return the products received or decline the offered services within ten (10) working days after delivery, without any obligation on his part other than payment of the direct shipping costs. The product must be returned in the original packaging (including accessories and documentation) and in new condition and sent to:
2988 CL Ridderkerk
4.3. If the products are used, encumbered or damaged in any way, the right to terminate under this article is revoked. Subject to the provisions in the previous sentence, Cultura Nova shall confirm the order cancellation after receipt and inspection of the returned products by return post and ensure that the complete purchase amount shall be returned to the customer within thirty (30) days after receipt of the complete return shipment.
4.4. Limitations and exclusions of the reflection period shall be clearly listed by Cultura Nova in accordance with the provisions of Article 7:46d of the Dutch Civil Code (BW).
4.5. The customer may only invoke the reflection period in the manner indicated by Cultura Nova during the purchase or delivery of the product or service.
- Prices and payment
5.1. Unless otherwise specified, all prices are expressed in euros including VAT and other statutory taxes, as well as any travel, shipping and administrative costs indicated in the agreement.
5.2. Cultura Nova reserves the right to increase the price agreed with the customer. If this price increase occurs within three (3) months after signing the agreement, the customer may terminate the agreement. If this price increase occurs more than three months after the date of signing the agreement, the customer may terminate the agreement if the price increase is greater than 5%.
5.3. Cultura Nova accepts no liability whatsoever for wrong price listings or other factual errors in the offer or the quotation, on the Cultura Nova website, in advertisements, in publications, in order confirmations, in invoices or in other documents if the customer may reasonably understand or could have understood that the error was the result of an honest mistake or inadvertent omission.
5.4. In the event of a remote sale, all payments must be made by credit card. It is at Cultura Nova’s discretion to decide whether they will deliver on credit without giving reasons to the customer in the event that they refuse to deliver on credit. If the transaction is approved, all invoices must be paid within fourteen (14) days of the date of the invoice, without any right to discount, deduction or deferment, in the manner indicated by Cultura Nova and in the currency stated on the invoice, unless otherwise stated in the agreement.
5.5. If the customer has not paid the invoice within nine (9) days after due date, the customer shall be considered legally in default and from that moment the customer shall be charged interest in accordance with the legal interest rate as indicated in Article 6:119 of the Dutch Civil Code. The interest over the amount due shall be calculated from the moment that the customer is in default until the moment of payment of the full amount due.
5.6. If, after the end of the term listed in Article 5, paragraph 5, Cultura Nova is required to take collection measures, the customer shall be liable for all costs. However, if the collection costs incurred by Cultura Nova are higher than reasonably necessary, the customer shall be liable only for the actual collection costs. All judicial and extrajudicial costs shall also be charged to the customer. Judicial costs include lawyer’s and local counsel’s fees. The customer shall also be liable for interest over the collection costs due.
5.7. In the event of bankruptcy, moratorium or a petition for bankruptcy of the customer, the amounts due to Cultura Nova and the liabilities of the customer towards Cultura Nova shall become immediately due and payable.
5.8. In the event of a direct sale, payment must be settled in cash or by credit card and paid in full at the place of delivery of the products to the customer.
5.9. In the event the customer has chosen and Cultura Nova has agreed to pay in parts/settlements, after paying (any) part of the total sum of products, the residual amount is also indebted by the customer. Meaning: the remaining part of the total sum of products is indebted and must be paid in full to Cultura Nova by the customer. If needed a collection agency or (legal) council will used. All costs arising from this are passed on to the customer.
6.1. In the event of a remote sale, the products available in stock will be shipped within two (2) Dutch working days following receipt of the order. Cultura Nova may charge shipping fees. The products shall be delivered to the fixed shipping address given to Cultura Nova, and shall be released to the natural person present at that address. When products cannot be delivered from stock, Cultura Nova shall inform the customer in the written order confirmation and provide an indication of the expected delivery date.
6.2. Cultura Nova’s obligation to deliver shall be considered to have been fulfilled as soon as the products provided by Cultura Nova have been offered to the customer, subject to proof of the contrary. In the event of a home delivery, a carrier’s report stating refusal to take delivery of the goods or absence of the customer at the time of delivery shall constitute full proof of offer of delivery, subject to proof of the contrary.
6.3. Products that have not been collected by the customer shall remain available to the customer and shall be stored by Cultura Nova at the cost and risk of the customer.
6.4. In the event of a direct sale, the products shall be delivered to the customer after receipt of payment of the purchase price. Provisions 6.2 and 6.3 do not apply to direct sales.
- Delivery period
7.1. Delivery dates and times are estimates. We shall endeavour to send orders out as quickly as possible but we accept no liability whatsoever for any delays.
7.2. Delivery times start from the date of acceptance of the order by Cultura Nova, after which Cultura Nova shall endeavour to deliver the order within ten (10) working days.
7.3. In the event that Cultura Nova is unable to deliver the goods within the agreed period of time due to circumstances beyond their control, Cultura Nova shall not be considered in default and shall accept no liability for any damage or loss suffered by the customer as a result.
7.4. In the event of failure to deliver within the agreed time where this failure is not due to circumstances beyond Cultura Nova’s control, the customer shall have the right to send Cultura Nova a written notice of default and to claim compensation for damages, with due observance of the following rules and restrictions:
- Cultura Nova shall be liable for the actual damages suffered by the customer due to the delayed delivery, in so far as this can be sufficiently demonstrated, and;
- Cultura Nova’s total liability shall not exceed the price agreed upon in the order concerned.
8.1. Cultura Nova warrants that the products delivered or to be delivered comply with all applicable requirements and standards that can be reasonably expected at the moment of delivery subject to normal use in the Netherlands. The warranty described in this Article shall apply to products destined for use within the Netherlands. For use outside the Netherlands, the customer must verify whether the product is suitable for use in that location, and whether it meets the conditions for use in that location. Use outside the Netherlands does not fall under the terms of the warranty set forth in this Article.
8.2. The warranty mentioned in paragraph 1 is valid for a period of six (6) months from the date of delivery, unless the nature of the product delivered requires otherwise or the parties have agreed otherwise. If the warranty issued by Cultura Nova pertains to a product or products manufactured by a third party, the warranty shall be limited to the warranty provided by the producer of the product or products. Upon the expiration of the warranty period, Cultura Nova’s liability under this warranty shall terminate and all costs for repair or replacement, including administration, delivery and call-out fees shall be charged to the customer.
8.3. Cultura Nova shall provide the customer with a written proof of warranty. In the absence of this proof, the proof of purchase for a direct sale and the invoice for a remote sale shall serve as proof of warranty.
8.4. If the products delivered or to be delivered fail to meet the standards and requirements referred to in paragraph 1, Cultura Nova shall replace or repair the products within a reasonable period of time following their return or, if return of the products is not reasonably possible, after receiving a written notification of the defect from the customer. In the event of replacement, the customer commits to return the product to be replaced to Cultura Nova and to transfer ownership of that product to Cultura Nova.
8.5. Any warranty shall become null and void in the event that the defect is the result of improper or injudicious use of the product or, if applicable and without the written permission of Cultura Nova, use after the use-by date, incorrect maintenance by the customer or in the event that the customer or third parties have modified or attempted to modify the product or have attached other items that should not be attached, or in the event that the products have been processed or manipulated in a manner other than specified. The warranty does not cover any defects caused by conditions beyond the control of Cultura Nova, including weather circumstances (including but not limited to extreme rainfall or temperatures) etc.
8.6. In the event that any products delivered by Cultura Nova prove defective, the liability of Cultura Nova towards the customer shall be limited to the provisions of this Article.
8.7. Without prejudice to the aforementioned, Cultura Nova accepts no liability whatsoever for damages or loss caused intentionally or by negligence, imputable acts or omissions or improper use on the part of the customer.
8.8. This warranty does not affect any statutory rights of the customer.
9.1. The customer is under a duty to inspect the products as soon as they are delivered, and shall notify Cultura Nova in writing of any damaged goods, shortage or non-delivery as soon as possible but not later than within 24 hours of the date of delivery of the goods, on penalty of forfeiture of rights.
9.2. The customer shall notify Cultura Nova in writing of any invisible defects within a reasonable period of time but not later than two (2) months after the discovery of the defect, upon forfeiture of rights.
9.3. The customer shall notify Cultura Nova in writing of any claims regarding the invoice not later than within fourteen (14) days of the date of the invoice concerned.
9.4. The customer is responsible for a timely submission as well as the accuracy of the claim. The customer is required to provide all assistance to Cultura Nova in determining the nature of the defect(s).
9.5. Minor deviations in quality, colour, size, etc. that are customary in the industry may not be claimed as defects.
9.6. If a complaint regarding the aforementioned aspects is found to be justified, Cultura Nova shall replace the products free of charge. The customer shall not be entitled to claim any supplementary compensation.
9.7. If the customer has not submitted a complaint within the period of time specified in the paragraphs above, or if the customer remains in possession of the goods, he is considered to have accepted the goods that have been delivered. Any such complaints do not give the customer the right to suspend payment. Setoff is explicitly excluded.
9.8. If the customer is entitled to return a product to Cultura Nova in accordance with this Article, Cultura Nova shall ensure that the amount paid by the customer shall be deposited into the bank account of the customer within thirty (30) days of receipt of the returned product. The customer shall contact the Cultura Nova customer service department at the email address: email@example.com to provide Cultura Nova with the details necessary to deposit the refund.
- Retention of title
10.1. All products delivered by Cultura Nova in the context of the agreement remain the property of Cultura Nova, and in some cases of a third party, until the customer has properly fulfilled all obligations arising from the agreement concluded with Cultura Nova.
- Transfer of risk
11.1. The risk of loss of, damage to or depreciation of the goods passes to the customer on delivery of the goods.
12.1. Cultura Nova shall be entitled to suspend the fulfillment of the obligations or to terminate the agreement if:
- The customer does not or does not fully or in due time fulfill the obligations under the agreement
- After the agreement has been concluded, Cultura Nova learns of circumstances that give good reason to fear that the customer will fail to fulfill his obligations under the agreement. If Cultura Nova suspects or has reason to suspect that the customer will fail to perform the terms of the agreement, in part or in full, Cultura Nova reserves the right to terminate the agreement
- The customer has been judged legally incompetent by a court or is remanded in custody or has his liberty restricted
- The data provided to Cultura Nova by the customer do not correspond to the actual situation
2. In the event that the agreement is terminated, all outstanding sums payable to Cultura Nova by the customer shall become immediately due and payable. In the event that Cultura Nova suspends the performance of its obligations under the agreement, it shall retain all rights to the fullest extent permitted by law and the agreement.
12.3. Cultura Nova reserves the right to claim compensation.
- Force majeure
13.1. Cultura Nova and the customer are not obliged to comply with any obligation if they are hindered in doing so by a circumstance that is not their fault and that is not regarded as their responsibility under the law, a legal act or generally accepted practice. If a failure to comply with a contractual obligation is the result of force majeure on the part of either party, the other party may dissolve the agreement. Under Article 6:78 of the Dutch Civil Code, the party invoking force majeure shall only be liable for the damages incurred by the other party if and in so far as the other party enjoyed an advantage in connection with the breach of the agreement that it would not have had in the event of proper compliance, which liability shall be restricted to the value of this advantage.
13.2. In addition to what is included in the law and jurisprudence, in these terms and conditions, force majeure is defined as all external causes, foreseen or unforeseen, on which Cultura Nova cannot exercise influence but that prevent Cultura Nova from fulfilling its obligations. This includes, but is not limited to, strikes in the Cultura Nova company, and breaches of contract on the part of suppliers of Cultura Nova.
13.3. Cultura Nova reserves the right to invoke force majeure if the circumstance that prevents (further) compliance takes effect after Cultura Nova should have complied with its obligations under the agreement.
13.4. The parties may suspend obligations under the agreement for as long as the force majeure continues. If this period extends two (2) months, either party is entitled to resolve the agreement, without any obligation to pay compensation for damage to the other party. Cultura Nova is entitled not to refund the already made payments or future payments if there is a payment plan in stall, but instead offer the other party the possibility to change dates in the same year.
13.5. To the extent that, at the time when force majeure takes effect, Cultura Nova has partially complied with its obligations under the agreement or will be able to comply with them, and independent value is attached to that part of the obligations that has been or will be complied with, Cultura Nova is entitled to invoice separately for the said part. The customer is required to settle this invoice as if it related to a separate agreement.
14.1. The customer indemnifies Cultura Nova against third-party claims for any damages whatsoever to persons or property arising from the implementation of the agreement, the cause of which cannot be attributed to Cultura Nova.
14.2. The customer shall be obliged to assist Cultura Nova at law and otherwise if a claim is lodged against Cultura Nova by a third party, pursuant to this Article, and to do all that may be expected of the customer in such a situation without hesitation. If the customer fails to take adequate measures, Cultura Nova shall be entitled to take such measures without a notice of default being required. All costs and damage that may be incurred and suffered by Cultura Nova and third parties as a result shall be fully at the customer’s risk and expense.
- Intellectual property
15.1. Unless expressly agreed otherwise in writing, all copyrights and other intellectual and industrial property rights pertaining to products delivered or services provided by Cultura Nova, including brand rights, model rights, patent rights, sui
generis database rights, etc. are the exclusive (legal, intellectual and industrial) property of Cultura Nova or its suppliers.
15.2. Both parties are obliged to observe confidentiality with respect to all confidential information that they have obtained in connection with the agreement from each other or from any source. All information is regarded as confidential unless express indication to the contrary is given in writing.
15.3 If Cultura Nova is required on the grounds of a provision of law or a pronouncement of the court to disclose confidential information to third parties appointed by the law or the competent judge, and is unable to avail itself in this regard of a legally defined privilege or one recognized or granted by the competent judge, Cultura Nova shall not be required to compensate or indemnify the customer due to breach of the confidentiality obligation and the customer shall not be entitled to dissolve the agreement on the grounds of any damage arising as a result.
15.4 The mutual obligation of confidentiality shall remain in force even after termination of the agreement.
- Protecting customer data
16.1. Cultura Nova shall collect, use and transfer personal data pertaining to the customer in accordance and in full compliance with applicable national and European legislation and regulations.
16.2. Cultura Nova respects the privacy of the customer and the confidentiality of the customer’s personal information collected via the Cultura Nova website by itself or on its behalf. Information provided by the customer shall not be sold or distributed in any form to third parties in any manner other than stated in the website’s privacy statement.
16.3. Cultura Nova is entitled to disclose information about a visitor if there is reason to assume that disclosing such information is necessary to identify, contact or institute proceedings against someone who intentionally or otherwise prejudices or harms the rights and properties of Cultura Nova, other users of the website or others who may be harmed. Cultura Nova is entitled to release information about users if it believes in good faith that the law so requires.
- Applicable law and disputes
17.1. All legal relations between Cultura Nova and the customer are governed by Dutch law, regardless of the country where the relations are conducted or where the customer resides. The Convention on the International Sale of Goods (Vienna 1980) shall not apply.
17.2. All disputes between the parties, including disputes only recognized as such by one party, shall be settled exclusively by the competent court in Amsterdam, the Amsterdam District Court, unless the customer chooses a different competent court within a month after the customer receives Cultura Nova’s notification of dispute. The above provisions notwithstanding, Cultura Nova reserves the right to summon the customer to appear before the competent judicial authorities in Amsterdam.