General Terms & Conditions

Article 1. Applicability

1.1 on all offers, orders and agreements of Appletizer e.g. are at the exclusion of any other general terms and conditions these general terms and conditions of sale (hereinafter: terms) applicable. These conditions are filed at the Chamber of Commerce in Amsterdam under number 18124699 and will be sent free of charge on request.

1.2 accepting an offer or placing an order implies the applicability of these conditions.

1.3 the provisions in these conditions may be waived only in writing, in which case the remaining provisions remain in force.

1.4 all rights and claims, as in these conditions and any further agreements for Appletizer are stipulated, are also stipulated for by Appletizer intermediaries and other third parties.

Article 2. Offers/agreements

2.1 agreements between you and Appletizer are made after written or oral acceptance by Appletizer. Whether or not to send an order confirmation from Appletizer affects the existence of the agreement.

2.2 all offers are without engagement and Appletizer has the right to change prices, especially when under (legal) regulations.

2.3 an agreement only comes after acceptance of your order by Appletizer. Appletizer is entitled to refuse orders or add special conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Appletizer will communicate this within ten (10) working days after receipt of the order.

Article 3. Prices and payments

3.1 the prices for the offered products and services are in euro, exclusive of VAT and exclusive of handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing. For trend and forecast products, as well as for magazines and standard print books Appletizer uses a reduced VAT rate of 6%. Appletizer uses Pantone ® products for a high VAT rate of 21%.

3.2 payment must be made without discount or compensation within thirty (14) days of the invoice date, unless otherwise agreed in writing.

3.3 payment can be made on (one of) the ways indicated during the ordering process.

3.4 If payment is made too late you are summand for an amount of thirteen euro and fifty cents (€ 13.50) for summations costs. If you fail to pay within the period referred to the principal and therefore in default, you are at a 2% per month interest on arrears to Appletizer due. A part of a month shall be considered as whole by Appletizer month.

3.5 If you are in default on any payment, Appletizer is entitled (implementing) the agreement and related agreements to suspend or dissolve.

3.6 If the prices for the offered products and services increases in the period between the order and the execution thereof, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notice of the price increase by Appletizer.

3.7 the costs for registration of a seminar to be paid in advance. Appletizer reserves the right to deny access if payment has not been made. If you are unable to attend someone else can you replace at no extra cost. Cancellation must be made in writing up to one week before the date. After that we will charge you the full amount.

Article 4. Delivery

4.1 supply by Appletizer takes place with due speed but at least within thirty (30) days after order, unless otherwise specified by Appletizer. If delivery takes place in time, you will receive within one week after placing the order message and you have at the time of delivery the right to dissolve the agreement free of charge by written communication to Appletizer. Exceeding the delivery period does not entitle you to compensation.

4.2 supply takes place at the time that the product you receive by (or on behalf of) is taken.

4.3 Delivery shall be made at home or PO box by the TNT/UPS or other delivery company. From the moment of delivery, the risk is for the client. If Appletizer can demonstrate that the product is sent to the client, Appletizer has met its obligation to deliver.

The delivery times publicized by Appletizer are always approximate and are never firm dates.

4.4 Delivery from the Pantone ® color communication in the form of complete systems, swatch cards, replacement pages or other loose parts, can never be returned or exchanged. At return Appletizer is not required to refund the purchase price to the client.

4.5 Single issues of fashion magazines (box), trend & forecast books and label books, can never be returned. At return Appletizer is not required to refund the purchase price to the client.

4.6 In the event of delivery of magazines to book and magazine dealers, i.e. to resellers, Appletizer will never take back more magazines than the numbers of the edition ordered by the client.

Article 5. Retention Of Title

5.1 the ownership of delivered products shall proceed, if you have paid for it. The risk in respect of the products starts at the time of delivery.

5.2 products delivered by Appletizer remain its property until full payment has been made. At (permanent) non-payment, Appletizer is entitled to take back the article, while the client is obliged to indemnify fully to Appletizer.

Article 6. Subscriptions
A subscription to the distributed magazines by Appletizer sheets is always valid for the duration of at least 12 months. Subscriptions are automatically renewed, unless the client within 7 days after receiving a renewal invoice, itself indicates the subscription no longer wanting to renew it. About three months before the expiry of the subscription period of 12 months the client will receive an invoice for the renewal period.

If payment of the appropriate subscription is too late, the risk of an interruption in subscription is for the client.

Article 7. Intellectual and industrial property rights

7.1 you should respect fully and unconditionally all intellectual and industrial property rights attached to the products delivered by Appletizer.

7.2 Appletizer does not guarantee that the delivered products do not infringe any (unwritten) intellectual and/or industrial property right of third parties.

Article 8. Complaints and liability
 
8.1 you have the obligation to inspect the products immediately upon receipt. Any defects must be notified within three (3) days after discovery in writing to Appletizer.

8.2 if a products does not meet the agreement, Appletizer can choose a products to replace it.

8.3 returns are only accepted if the product is undamaged and after agreement of Appletizer. Received payment by Appletizer shall be refunded within thirty (30) days.

8.4 Appletizer is not liable for loss of any kind suffered by you or any third party, either directly or indirectly, due to the fact that it is delivered by Appletizer violates and/or is not suitable for what you intended, except in the case of intent or gross neglect on the part Appletizer.

Appletizer is not responsible for the content and composition of the reading material and literature.

Appletizer is not liable for incorrect you specify Pantone ® color numbers or "out of stock" situation at the supplier.

Article 9. Orders/communication

9.1 for misunderstandings, mutilations, delays or incomplete orders and notices as a result of the use of internet or any other means of communication between you and Appletizer, or between and third parties, as they relate to the relationship between you and Appletizer, Appletizer is responsible.

Article 10. Force Majeure

10.1 without prejudice to the other rights due to his Appletizer in cases of force majeure, has the right to, at its option, to suspend the execution of your order or to dissolve the agreement without judicial intervention, to communicate this in writing by you and this without being held to any compensation Appletizer, unless in the circumstances according to the standards of reasonableness and fairness would be unacceptable.

10.2 force majeure means any shortcoming which can be allocated to Appletizer, not because he is not due to his fault and not under the law, legal act or generally accepted on his behalf.

Article 11. Miscellaneous

11.1 if you Appletizer in writing of an address, is entitled to that address to send all orders Appletizer, unless you have the to Appletizer in writing of another address to which your orders are to be sent.

11.2 you are required when moving the new address and moving date in good time, i.e. at least one month before the date of relocation, to inform in writing to Appletizer. The subscription is then continued at the new address. If you do not timely Appletizer has informed of the move, Appletizer can not be held liable for the consequences for the delivery of the purchased by the client, including the delivery of the goods sold to the new address.

11.3 When by Appletizer during any period of time whether or not implied deviations from these conditions, this shall not affect its right to demand immediate and strict compliance with these conditions. You can never assert any right by virtue of the fact that these apply conditions smoothly Appletizer.

11.3 if one or more of the provisions of these terms and conditions or any other agreement with Appletizer in violation with any applicable legal provision, the relevant provision will lapse and will be replaced by a new fix Appletizer similar provision.

11.4 Appletizer is authorized to with the execution of your order (s) use of third parties.

Article 12. Applicable law and competent court

12.1 all rights, obligations, offers, orders and agreements to which these conditions apply, as well as to those conditions, is exclusively Dutch law is applicable.

12.2 All disputes between parties will be submitted to the competent court in Netherlands.