Gotsjetûk (Hereinafter: Gotsjetûk) is registered with the Chamber of Commerce under number 93115318 and is located at Stadhoudersplantsoen 6d (2517JL) in The Hague, The Netherlands.

Article 1 – Definitions

1. In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise:

2. Offer: Any written offer to the Buyer to supply Products by the Seller to which these terms and conditions are inseparably linked.

3. Company: The natural or legal person acting in the exercise of a profession or business.

4. Consumer: The natural person not acting in the exercise of a profession or business.

5. Buyer: The Company or Consumer entering into an Agreement (at a distance) with the Seller.

6. Agreement: The (distance) sales agreement for the sale and delivery of Products purchased by the Buyer from Gotsjetûk.

7. Products: The Products supplied by Gotsjetûk offered include books and related articles.

8. Seller: The provider of Products to the Buyer, hereinafter: Gotsjetûk.

Article 2 – Applicability

1. These general terms and conditions apply to any Offer of Gotsjetûk and every Agreement between Gotsjetûk and a Buyer and to any Product offered by Gotsjetûk offered.

2. Before concluding an Agreement (at a distance), the Buyer shall be provided with these general terms and conditions. If this is not reasonably possible, Gotsjetûk indicate to the Buyer how the Buyer can inspect the general terms and conditions, which in any case can be found on the website of Gotsjetûk. Gotsjetûk are published, so that Buyer can easily save these general terms and conditions on a durable data carrier.

3. In exceptional situations these general terms and conditions may be deviated from if explicitly agreed in writing with Gotsjetûk is agreed upon.

4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.

5. If one or more provisions of these general terms and conditions are partially or fully void or annulled, the remaining provisions of these general terms and conditions shall remain in force and the void/annulled provision(s) shall be replaced by a provision with the same purport as the original provision.

6. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions shall be assessed and explained according to the spirit of these general terms and conditions.

7. Where reference is made in these general terms and conditions to she/him/him, this should also be construed as a reference to he/she/him, if and to the extent applicable.

Article 3 – The Offer

1. All by Gotsjetûk made by Gotsjetûk are non-binding, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly mentioned in the Offer. An Offer does not exist until it is made in writing.

2. The by Gotsjetûk made by Gotsjetûk is without obligation. Gotsjetûk is only bound to the Offer if the acceptance is confirmed by the Buyer in writing within 14 days, or because the Buyer has already paid the amount due. Nevertheless, Gotsjetûk Gotsjetûk has the right to enter into an Agreement with a potential Buyer at a price that is acceptable to Gotsjetûk. Gotsjetûk Gotsjetûk.

3. The Offer contains an accurate description of the Product offered with corresponding prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer can be avoided. Gotsjetûk not be binding. Any images and specific data in the Offer are only an indication and cannot be a ground for any damages or dissolution of the Agreement (at a distance). Gotsjetûk cannot guarantee that the colours in the image exactly match the real colours of the Product.

4. Delivery times and Terms mentioned in the Offer of Gotsjetûk are indicative and if exceeded do not entitle the Buyer to dissolution or damages, unless explicitly agreed otherwise.

5. A composite quotation obliges Gotsjetûk not to deliver part of the goods included in the offer or Offer at part of the quoted price.

6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the ‘made-to-order’ principle.

Article 4 – Conclusion of the Agreement

1. The Agreement comes into effect at the moment the Buyer receives an Offer from Gotsjetûk has accepted by paying for the relevant Product.

2. An Offer may be made by Gotsjetûk made via the website.

3. If Buyer has accepted the Offer by entering into an Agreement with Gotsjetûk, will Gotsjetûk confirm the Agreement with Buyer in writing, at least by e-mail.

4. If the acceptance deviates (on minor points) from the Offer, Gotsjetûk is Gotsjetûk is not bound to it.

5. Gotsjetûk is not bound by an Offer if the Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or slip of the pen.

6. The right of withdrawal is excluded for Buyer being a Business.

7. The Buyer being a Consumer is entitled to assert its right of withdrawal within the statutory period. If revocation is applicable, the Buyer shall handle the Product and its packaging with care. It shall only unpack or use the Product to the extent necessary to establish the nature, characteristics and functioning of the Product. The direct costs of returning the Product shall be borne by the Buyer.

Article 5 – Duration transactions

1. The Buyer may only terminate an open-ended Agreement for the regular delivery of Products subject to 90 days’ notice and the termination rules agreed for that purpose.

2. The termination of the above Agreement, may be terminated by Buyer in the same manner as it was entered into by Buyer.

3. A fixed-term Agreement for the regular delivery of Products shall terminate automatically upon expiry of the last delivery.

4. If an Agreement lasts longer than one year, the Agreement may be terminated by the Buyer at any time after one year, subject to a notice period of not more than (insert number of days), unless such termination before the end of the agreed term is not justifiable in fairness and reasonableness.

Article 6 – Execution of the Agreement

1. Gotsjetûk shall perform the Agreement to the best of its knowledge and ability.

2. If and insofar as proper performance of the Agreement requires, Gotsjetûk has Gotsjetûk is entitled to have certain activities performed by third parties at its own discretion.

3. Buyer shall ensure that all data, of which Gotsjetûk are necessary or which the Buyer should reasonably understand are necessary for the performance of the Agreement, in a timely manner to Gotsjetûk. Gotsjetûk be provided. If the data necessary for the performance of the Agreement are not supplied to Gotsjetûk in time, Gotsjetûk Gotsjetûk have been provided, Gotsjetûk has Gotsjetûk is entitled to suspend the performance of the Agreement.

4. In the performance of the Agreement Gotsjetûk not obliged or obliged to follow Buyer’s instructions if this changes the content or scope of the Agreement. If the instructions result in additional work for Gotsjetûk, Buyer is obliged to reimburse the additional or additional costs accordingly.

5. Gotsjetûk may require security from the Buyer or full payment in advance before proceeding to execute the Agreement.

6. Gotsjetûk is not liable for damages, of any kind, resulting from the fact that Gotsjetûk is based on incorrect and/or incomplete data provided by the Buyer, unless this inaccuracy or incompleteness was obvious to Gotsjetûk. Gotsjetûk was known to Gotsjetûk. This also includes processing of the Agreement by automatic decision making.

7. Buyer indemnifies Gotsjetûk for any claims by third parties, who suffer damages in connection with the performance of the Agreement and which are attributable to Buyer.

Article 7 – Delivery

1. Delivery shall in principle be made for Buyer being Company from Gotsjetûk’s warehouse on an Ex works basis (Gotsjetûk delivers the Products by making them available to Buyer in the warehouse) unless expressly agreed otherwise.

2. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not or not timely provided all requested information, does not cooperate sufficiently, the payment or down payment has not been received on time by Gotsjetûk or due to other circumstances beyond the control of Gotsjetûk causes any delay, Gotsjetûk has Gotsjetûk is entitled to a reasonable extension of the delivery period. All agreed delivery periods are never final deadlines. Buyer must Gotsjetûk in default in writing and grant Gotsjetûk a reasonable period to still deliver. The buyer is not entitled to any damages due to the delay.

3. The Buyer shall be obliged to take delivery of the goods at the time they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.

4. If the Buyer refuses purchase or is negligent in providing information or instructions necessary for delivery, the Gotsjetûk is entitled to store the goods at the expense and risk of the Buyer.

5. If the Products are delivered by Gotsjetûk or an external carrier Gotsjetûkis entitled to charge for delivery costs, unless agreed otherwise in writing. These will be invoiced separately unless explicitly agreed otherwise.

6. If Gotsjetûk requires data from the Buyer in the framework of the execution of the Agreement, the delivery period only starts after the Buyer has provided Gotsjetûk with all data necessary for the execution of the Agreement. Gotsjetûk to Gotsjetûk.

7. If Gotsjetûk has indicated a term of delivery, this is indicative. Longer delivery periods apply for delivery outside the Netherlands.

8. Gotsjetûk is entitled to deliver the goods in parts, unless this is deviated from by agreement or the partial delivery has no independent value. Gotsjetûk is entitled to invoice the thus delivered goods separately.

9. Deliveries will be made only if all invoices have been paid unless expressly agreed otherwise. Gotsjetûk reserves the right to refuse delivery in case of well-founded fear of non-payment.

Article 8 – Packaging and transport

1. Gotsjetûk undertakes to the Buyer to package the Products to be delivered properly and to secure them in such a way that they will reach their destination in good condition during normal use.

2. Unless otherwise agreed in writing, all deliveries shall be inclusive of turnover tax (VAT), packaging and packaging materials.

3. Acceptance of goods without notes on the waybill or receipt shall be deemed proof that the packaging was in good condition at the time of delivery.

4. Each Buyer being Company shall be deemed to be in possession of any required import and/or payment licences. The absence or withdrawal of these permits does not release the Buyer from the obligation to take delivery of the goods in the agreed manner. If the goods are sold by Gotsjetûk without customs clearance, this does not entitle a Buyer to cancel the order/order. 

5. The risk of molestation shall always be borne by the Buyer being the Company.

6. If the Buyer being Company agrees that the ordered items will be delivered via direct supply from abroad, the risk of (incorrect, timely and/or no) delivery shall be entirely and completely borne by the Buyer.

Article 9 – Import and export restrictions

1. Buyer understands that the Products may be subject to the import and export control of the country in which the delivery address is located. Buyer shall comply with all applicable laws and regulations relating to import and export control.

2. Any restrictions or requirements may vary depending on time and Products.

3. Buyer shall indemnify Gotsjetûk at Gotsjetûk’s first request for any damage and/or loss Gotsjetûk suffers (including all costs, taxes, fines, expenses and levies) that Gotsjetûk suffers as a result of Buyer’s non-compliance with import and export control laws and regulations.

Article 10 – Examination, complaints

1. The Buyer being a Consumer shall be obliged to examine the delivered Product (or have it examined) at the time of delivery (or delivery), but in any event within 14 days of receipt of the delivered Product, and only to unpack or use the Product to the extent necessary to assess whether it is retained.

2. The Buyer shall examine whether the quality and quantity of the Products delivered corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings.

3. Any visible defects or shortages must be notified in writing to Gotsjetûk after delivery. The buyer has 14 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days after discovery but no later than 6 months after delivery. In case of damage to the Product due to careless handling by the Buyer, the Buyer is liable for any decrease in value of the Product.

4. If, pursuant to the previous paragraph, a timely complaint is made, the Buyer shall remain obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this can only be done with the prior written consent of Gotsjetûk in the manner described by Gotsjetûk indicated.

5. If the Buyer being a Consumer uses his right of withdrawal, he will return the Product and all accessories, as far as reasonably possible, in original condition and packaging to Gotsjetûkin accordance with the return instructions of Gotsjetûk. The direct costs for return shipments are at the Buyer’s expense and risk.

6. Gotsjetûk is entitled to investigate the authenticity and condition of the returned Products before a refund will be made.

7. Refunds to Buyer shall be processed as soon as possible, but may take up to 14 days after receipt of Buyer’s declaration of dissolution. Refunds will be made to the account number previously provided.

8. If the Buyer exercises its right of complaint, the Buyer being a Business shall not be entitled to suspend its payment obligation nor to set off outstanding invoices.

9. In the absence of a complete delivery, and/or if one or more Products are missing, and this to Gotsjetûk to blame, Gotsjetûk will Gotsjetûk after a request by the Buyer, send the missing Products or cancel the remaining order. The receipt of the Products is leading in this respect. Any damage suffered by the Buyer as a result of the (different) extent of the delivery cannot be recovered from Gotsjetûk.

Article 11 – Prices

1. During the validity period of the Offer, the prices of the Products offered shall not be increased, except in the case of changes in VAT rates.

2. The prices stated in the Offer are inclusive of VAT, unless expressly stated otherwise.

3. The prices mentioned in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.

4. In the case of Products or raw materials for which there are price fluctuations on the financial market and on which Gotsjetûk has no influence on, Gotsjetûk may Gotsjetûk offer these Products with variable prices. The Offer will state that prices are target prices and may fluctuate.

Article 12 – Payment and collection policy

1. Payment should preferably be made in advance in the currency in which it was invoiced by the method indicated.

2. The Buyer cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.

3. Buyer shall make payment in a lump sum to the account number and details of Gotsjetûk. The parties can only make payments after explicit and written consent of Gotsjetûk agree another payment term.

4. If a periodic payment obligation of Buyer has been agreed upon, then Gotsjetûk is entitled to adjust the applicable prices and rates in writing subject to a period of 3 months.

5. In case of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Gotsjetûk on the Buyer are immediately due and payable.

6. Gotsjetûk is entitled to apply the payments made by the Buyer firstly to reduce the costs, then to reduce the interest owed and finally to reduce the principal sum and current interest. Gotsjetûk can, without being in default, refuse an offer of payment if the Buyer indicates a different order of allocation. Gotsjetûk can refuse full payment of the principal sum, if this does not include the interest due and accrued and the costs.

7. If the Buyer does not meet its payment obligation and has not fulfilled its obligation within the stipulated payment period of 14 days, the Buyer being a Business shall be in default.  The Buyer being a Consumer shall first receive a written reminder with a period of 14 days after the date of the reminder to still fulfil the payment obligation with an indication of the extrajudicial costs if the Consumer does not fulfil its obligations within that period, before it is in default.

8. From the date of default by the Buyer, Gotsjetûk without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.

9. If Gotsjetûk has incurred more or higher costs which are reasonably necessary, these costs are eligible for reimbursement. Judicial and execution costs incurred are also borne by the Buyer.

Article 13 – Retention of title

1. All by Gotsjetûk delivered remain the property of Gotsjetûk until the Buyer has fulfilled all following obligations from all agreements with Gotsjetûk concluded with Gotsjetûk have been fulfilled.

2. The Buyer shall not be authorised to pledge or otherwise encumber the goods subject to retention of title if ownership has not yet been transferred in full.

3. If third parties seize goods delivered under retention of title or wish to establish or assert rights to them, the Buyer is obliged Gotsjetûk as soon as may reasonably be expected.

4. Just in case Gotsjetûk wishes to exercise its property rights indicated in this article, the Buyer hereby grants unconditional and irrevocable permission and authorisation to Gotsjetûk or designated third parties to enter all those places where the property of Gotsjetûk is located. Gotsjetûk are located and to repossess those goods.

5. Gotsjetûk is entitled to retain the Product(s) purchased by the Buyer if the Buyer has not yet fulfilled its payment obligations (in full), despite an obligation to transfer or surrender of Gotsjetûk. After Buyer has fulfilled its obligations Gotsjetûk endeavour to deliver the purchased Products to the Buyer as soon as possible, but at the latest within 20 working days.

6. Costs and other (consequential) damages resulting from the retention of the purchased Products are for the account and risk of the Buyer and will be paid on first request to Gotsjetûk by the Buyer.

Article 14 – Warranty

Gotsjetûk guarantees that the Products comply with the Agreement, the specifications mentioned in the offer, usability and/or reliability and the legal rules/regulations at the time of concluding the Agreement. This also applies if the Goods to be delivered are intended for use abroad and the Buyer has explicitly notified Gotsjetûk of this use in writing at the time of concluding the Agreement. Gotsjetûk.

Article 15 – Instructions for use Products

1. The Buyer and third parties must refrain from modifying and/or repairing Products themselves.

Article 16 – Suspension and dissolution

1. Gotsjetûk is entitled to suspend the fulfilment of its obligations or to dissolve the Agreement if the Buyer does not or not fully fulfil its (payment) obligations under the Agreement.

2. Moreover, Gotsjetûk is entitled to dissolve the existing Agreement between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not, does not timely or does not adequately fulfil the obligations resulting for him from any agreement with Gotsjetûk. Gotsjetûk concluded with Gotsjetûk.

3. Furthermore, the Gotsjetûk is entitled to dissolve the Agreement without prior notice of default if circumstances arise of such a nature that fulfilment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise of such a nature that unaltered maintenance of the Agreement can no longer be reasonably expected.

4. If the Agreement is dissolved, the claims of Gotsjetûk on Buyer are immediately due and payable. When Gotsjetûk suspends fulfilment of its obligations, it retains its claims under the law and Agreement.

5. Gotsjetûk always retains the right to claim damages.

Article 17 – Limitation of liability

1. If the performance of the Agreement by Gotsjetûk leads to liability of Gotsjetûk towards Buyer or third parties, such liability is limited to the amounts paid in connection with the Agreement by Gotsjetûk charged unless the damage was caused due to intent or gross negligence. The liability of Gotsjetûk is in any case limited to the maximum amount of damages paid by the insurance company per event per year.

2. Gotsjetûk is not liable for consequential damage, indirect damage, loss of profits and/or losses suffered, missed savings and damage resulting from the use of the Products delivered is excluded. For Consumers, a limitation applies in accordance with what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.

3. Gotsjetûk is not liable for and/or obliged to repair damage caused by the use of the Product. Gotsjetûk provides strict maintenance and usage instructions which must be followed by the Buyer. All damage to Products resulting from wearing and use is explicitly excluded from liability (this includes traces of use, user damage, fall damage, light and water damage, theft, loss etc.).

4. Gotsjetûk is not liable for damages which are or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or from linked websites.

5. Gotsjetûk is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.

6. Gotsjetûk does not guarantee the correct and complete transmission of the contents of and by/on behalf of Gotsjetûk sent, nor for its timely receipt.

7. All claims of Buyer due to shortcomings on the part of Gotsjetûk expire if these have not been reported in writing and motivated to Gotsjetûk within one year after Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims by Buyer expire in any case one year after the end of the Agreement.

Article 18 – Force majeure

1. Gotsjetûk is not liable if, as a result of a force majeure situation, it cannot fulfil its obligations under the Agreement, nor can it be held to fulfil any obligation if it is prevented from doing so as a result of a circumstance which is not due to its fault and which is not for its account by virtue of the law, legal act or generally accepted practice.

2. Force majeure means in any case, but is not limited to what is understood in law and jurisprudence, (i) force majeure of suppliers of Gotsjetûk, (ii) failure to properly fulfil obligations of suppliers whom Buyer has assigned to Gotsjetûk. Gotsjetûk (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at the company of Gotsjetûk Gotsjetûk and (xi) other situations which in the opinion of Gotsjetûk fall outside its sphere of influence which temporarily or permanently prevent fulfilment of its obligations.

3. Gotsjetûk is entitled to invoke force majeure if the circumstance preventing (further) compliance occurs after Gotsjetûk  should have fulfilled its obligation.

4. The parties may suspend the obligations under the Agreement during the period of force majeure. If this period lasts longer than two months, each of the parties shall be entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.

5. As far as Gotsjetûk has partially fulfilled its obligations under the Agreement at the time of the occurrence of force majeure or will be able to fulfil them, and the fulfilled or still to be fulfilled part has independent value, Gotsjetûk is not liable for damages. Gotsjetûk is entitled to invoice the part already fulfilled or to be fulfilled separately. Buyer is obliged to pay this invoice as if it were a separate Agreement.

 

Article 19 – Transfer of risk

The risk of loss of or damage to the Products that are the subject of the Agreement passes to Buyer being a company at the time the goods enter the warehouse of Gotsjetûk warehouse. For Consumers, the aforementioned risk transfers to the Buyer if the Products have been delivered to the Buyer. This is the case if the Products have been delivered to the Buyer’s delivery address.

1. All intellectual property rights and copyrights of Gotsjetûk belong exclusively to Gotsjetûk and are not transferred to Buyer.

Article 20 – Intellectual property rights

2. The Buyer is prohibited from using all items on which the intellectual property rights and copyrights of Gotsjetûk rests, to disclose and/or reproduce, modify or make available to third parties without the express prior written consent of Gotsjetûk. If Buyer wishes to make changes to the information provided by Gotsjetûk delivered goods, Gotsjetûk Gotsjetûk explicitly agree to the intended changes.

3. The Buyer is prohibited from using the Products to which the intellectual property rights of Gotsjetûk otherwise than as agreed in the Agreement.

Article 21 – Privacy, data processing and security    

1. Gotsjetûk handles the (personal) data of Buyer and visitors of the website(s) with care. If requested Gotsjetûk inform the person concerned about this.

2. If Gotsjetûk must provide for security of information pursuant to the Agreement, such security will comply with the agreed specifications and a security level that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.

Article 22 – Complaints

1. If Buyer is not satisfied with the Products of Gotsjetûk and/or has complaints about the (performance of the) Agreement, Buyer is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported in writing with the subject “Complaint”.

2. The complaint must be sufficiently substantiated and/or explained by Buyer for Gotsjetûk handle the complaint.

3. Gotsjetûk will respond substantively to the complaint as soon as possible, but at the latest within 14 calendar days after receipt of the complaint.

4. The parties will try to reach a solution jointly.

Article 23 – Applicable law

1. On any Agreement between Gotsjetûk and Buyer is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.

2. In case of interpretation of the contents and scope of these General Terms and Conditions, the Dutch text thereof is always decisive. Gotsjetûk has the right to change these Terms and Conditions unilaterally.

3. All disputes arising out of or as a result of the Agreement between Gotsjetûk and Buyer will be settled by the competent court of The Hague District Court unless provisions of mandatory law designate another competent court.

The Hague, The Netherlands, 1 October 2024