Terms & Conditions - Happinez.com

From 1 January 2019, the WPG general terms and conditions have been split into WPG General Commercial Delivery Terms and WPG General Terms for Consumers (also fully stated in the text below).

WPG GENERAL TERMS FOR CONSUMERS

A – GENERAL

Applicability

1.1         These general delivery terms (hereinafter: the “general terms”) apply to every agreement (hereinafter: the “Agreement”) concluded between WPG Uitgevers B.V., B.V. Weekbladpers, Uitgeverij De Bezige Bij B.V., A.W. Bruna Uitgevers B.V., Voetbal International B.V., WPG Kindermedia B.V. and any other current or future group company of WPG Uitgevers B.V. (hereinafter jointly and separately: “WPG“) and natural persons (hereinafter: the “customer”), which may consist among other things of a subscription to an (online) periodical issued by WPG or an (online) purchase of a WPG product or service. The general terms also apply to all offers and quotations issued to the customer by WPG and orders placed with WPG by the customer.

WPG Uitgevers B.V. (KvK [Netherlands Chamber of Commerce] number 33134100), B.V. Weekbladpers (KvK number 33071833), WPG Kindermedia B.V. (KvK number 61061085) and A.W. Bruna Uitgevers B.V. (KvK number 30069106) are all registered in (1097 DN) Amsterdam at Wibautstraat 133.

Uitgeverij De Bezige Bij B.V. (KvK number 33295148) is registered in (1071 DW) Amsterdam at Van Miereveldstraat 1.

Voetbal International B.V. (KvK number 33282932) is registered in (3533 JG) Utrecht at Franz-Lisztplantsoen 200.

1.2         These general terms are sent free of charge upon request. The request can be submitted to: WPG Customer Service, Postbus 3036, 1801 GA, Alkmaar, telephone +31 (0)85 0293188, or email address klantenservice@wpg.nl. The general terms are published on the WPG Uitgevers B.V. website www.wpg.nl, on the websites of the various periodicals published by WPG and on the websites of the relevant WPG publishers.

1.3         WPG has the right to amend these general terms at any time. Before the effective date, the amended general terms will be published in the colophon of the relevant (print) edition, on the website of the relevant WPG publisher and/or on the WPG website. The amended general terms apply from the day of publication or from the date specified in the publication and to all (new) Agreements, insofar as these are executed after the day of the announcement.

1.4         In addition to the conditions in this Part A, the provisions stated below in Parts B, C, D and/or E also apply to the Agreement between the customer and WPG. If the content of Parts B, C and/or D is applicable and conflicts with Part A, then Parts B, C, D and/or E take precedence

Intellectual property

2.1         All copyrights and any other intellectual property rights as well as similar rights, including neighbouring rights and rights to protect databases, relating to the periodicals, products and/or services supplied by WPG are held exclusively by WPG or its licensors.

2.2         No provision whatsoever in these general terms or an Agreement concluded with a customer is intended to transfer to the customer all or part of the rights referred to in Article 2.1. The customer acknowledges these rights and will refrain from any form of infringement of these rights.

Liability, expiry and force majeure

3.1         WPG is only liable for direct damage suffered by the customer if this damage can be attributed to WPG or if this is at WPG’s risk pursuant to a legal provision. WPG is not liable for damage resulting from the customer’s use of any product or service supplied by WPG, with the exception of liability based on the provisions of product liability referred to in Article 6:185 ff. Dutch Civil Code. WPG is not liable for damage resulting from exceeding an agreed delivery period. Liability for indirect damage and/or consequential damage is excluded.

3.2         WPG’s liability is always limited to the amount that is paid out under WPG’s insurance in the respective case. The aforementioned insurance has limitations in coverage, with regard among other things to the extent of the damages and the number of damage claims per year.

3.3 If no payment is made under the insurance referred to in Article 3.2, for any reason whatsoever, WPG’s liability is limited to a maximum of three times the invoice amount that has been charged to the customer in connection with the relevant delivery or order and that has been paid on time, with a maximum liability of EUR 5,000.

3.4         WPG is not liable for damage caused by force majeure, which is understood to mean at least malfunctions or breakdowns of the internet, the telecommunication structure, power outages, obstruction of transport, strike, business disruptions, delay in supply, flood, fire, internal unrest, war, government measures (including a foreign government) such as a prohibition of transport, import or production, natural disasters, adverse weather, lightning strike, fire, explosion and outflow of hazardous substances or gases.

3.5         The customer indemnifies WPG from and against all claims from third parties, by any name whatsoever, in connection with an Agreement concluded between WPG and the customer or arising from the execution of an Agreement.

3.6         All rights to claim, entitlements and other capacities of the customer against WPG expire as soon as a period of three (3) months has elapsed after the day on which the customer became aware or could reasonably have been aware of the existence of those rights, entitlements or capacities.

3.7         The expiry period referred to in Article 3.6 also applies to all rights to claim, entitlements and other capacities of the customer against WPG from the moment of the formation of any Agreement to which these general terms apply.

3.8         The exclusion or limitation of WPG’s liability as determined in this Article does not apply in the event of intent or gross negligence on the part of WPG.

Orders and formation of Agreements

4.1         The Agreement is formed at the moment that WPG accepts, in writing, an assignment, purchase or order (hereinafter: “order”) or when WPG starts executing an order. Orders issued to WPG by the customer are irrevocable, unless the customer has a right of withdrawal in the event of a distance contract or outside the sales area, as further described in Article 18. If the customer has placed an order by telephone, electronically or outside the sales area, WPG will confirm the receipt and acceptance thereof. This confirmation includes information about the content of the Agreement and the manner in which WPG will execute it.

4.2         WPG has the right to refuse an order without giving reasons. Even after acceptance of an order as referred to in Article 4.1, WPG is entitled to cancel it without giving reasons, in which case WPG is not obliged to pay more than the refund of any amount paid in advance by the customer.

4.3         Amendments to an order must be communicated to WPG by the customer in good time and in writing and are only effective if they are explicitly accepted by WPG.


Execution of Agreements, changes of address and complaint handling

5.1         Delivery times indicated by WPG are indicative and do not count as deadlines. In the event of late delivery, WPG must be given written notice of default before it is in default.

5.2         Deliveries are delivered to the address known to WPG. To be able to guarantee an uninterrupted continuation of deliveries, the customer must notify WPG in writing or by email of a change of address no later than 3 weeks before the date of relocation. If the customer does not communicate a change of address to WPG in good time, WPG is not liable for the late or non-delivery of the relevant periodicals and/or other products (such as books) and the customer is not entitled to a refund.

5.3         WPG takes the necessary care when selecting the postal delivery companies it employs and makes every effort to ensure that periodicals and other products are delivered correctly and on time, but is not liable to the customer for this.

5.4         The customer hereby gives WPG permission to have orders carried out by third parties in whole or in part if WPG considers this necessary or desirable.

5.5         If a customer has a complaint about a WPG product or service, he must report it as soon as possible after it has occurred to WPG Customer Service, Postbus 3036, 1801 GA, Alkmaar, telephone +31 (0)85 0293188, or email address klantenservice@wpg.nl. WPG will handle the complaint and respond within two weeks of receiving the complaint.


Privacy

6.1         WPG’s privacy statement and cookie statement apply to the collection and processing of personal data of customers and visitors to the WPG websites. It states, among other things, that WPG is responsible for processing the customer data that are collected at the conclusion of an Agreement for the purpose of being able to execute the Agreement between WPG and the customer, keeping records of all customers, being able to serve visitors well on the various WPG websites, and being able to make offers from WPG to its customers.

6.2         The customer can at any time view his personal data and request that these be changed, supplemented or deleted by sending a letter or email to WPG Customer Service, Postbus 3036, 1801 GA Alkmaar, telephone +31 (0)85 0293188, email address klantenservice@wpg.nl.

Invalidity or voidability

7.1 If and insofar as any provision of these general terms cannot be relied upon on the basis of a mandatory provision, the unreasonably onerous nature of these general terms or on the basis of reasonableness and fairness, then the relevant provision will be interpreted as far as possible to have a corresponding meaning in terms of content and scope so that the relevant provision can indeed be relied upon. Any invalidity or voidability does not affect the validity of the other terms.

Transfer of rights and obligations

8.1 WPG is permitted to transfer the rights and obligations described in any Agreement with the customer to one or more of its group companies, for which the customer has already afforded his cooperation. The customer cannot transfer rights and obligations from any Agreement with WPG to third parties, unless the customer has received prior written permission for this from WPG.

Applicable law and competent court

9.1         Dutch law applies exclusively to all Agreements between WPG and the customer.

9.2         All disputes between WPG and the customer will be submitted exclusively to the competent court in Amsterdam.

 

B – SUBSCRIPTIONS

General

10.1       This Part B applies, in addition to Part A (and if applicable, in addition to Parts C and D), to every order from the customer and every Agreement between the customer and WPG insofar as this relates to subscriptions to periodicals and/or other products issued by WPG and/or to subscriptions to services offered by WPG.

10.2       WPG is entitled to cease the publication of titles or series and/or end the subscription at any time without giving any reason. In that case, WPG is only obliged to repay the subscription fee paid in advance by the customer.

10.3       WPG is entitled at all times to change the size, content, title, frequency and layout of the titles or series issued by WPG at its own discretion, whereby WPG will ensure that after the amendment, the relevant title or series remains reasonably proportionate to the subscription rate in terms of quality and quantity.

Entering into subscriptions and welcome gifts

11.1       A subscription can be concluded by telephone, electronically or in writing at any time. WPG confirms the start of a subscription in writing or by email. WPG is entitled to refuse a request to enter into a subscription without giving reasons. Discount offers and welcome gifts are only possible if the new subscriber has not had a subscription to the relevant title or series in the past 6 months. If that is in fact the case, the right to a discount or welcome gift disappears and WPG has the right to reclaim the welcome gift or the discount (and then the relevant subscriber has the obligation to restitution/payment). WPG reserves the right to suspend or reclaim the right to a discount or a welcome gift if there is a suspicion of abuse (including excessive use).

11.2       Offers with a welcome gift only apply while stocks last.

11.3 If the welcome gift is no longer in stock, WPG will offer an alternative in the form of a replacement welcome gift or a discount on the subscription fee, at the customer’s discretion.

11.4       WPG does its utmost to send the welcome gift to the customer within 6 weeks of receiving the subscription fee. If delivery within this period is not possible, WPG will inform the customer of this.

11.5       Any damage to the welcome gift or receipt of incorrectly delivered products must be reported by the customer within two weeks of receipt via WPG Customer Service, Postbus 3036, 1801 GA, Alkmaar, telephone +31 (0)85 0293188, or email address klantenservice@wpg.nl. Complaints that arrive after the expiry of the two-week period will not be handled.

11.6       Articles 16 and 17 of these general terms also apply to welcome gifts.


Duration and cancellation of the subscription

12.1       A subscription is entered into for the specified period or for a specific number of editions. Unless stated otherwise in the offer, the subscription will then be automatically continued for an indefinite period, unless cancelled in accordance with Articles 12.2 and 12.3. In that case, the customer can cancel the subscription at any time with due observance of a cancellation period of one month. In the event that the title in question comes out less than once a month, the customer will observe a notice period of three months.

12.2       Within the first subscription period (or within a subsequent subscription period if a subsequent fixed-term subscription was created through an affirmative action by the subscriber), the subscription can only be terminated at the end of the agreed subscription period, with due observance of a cancellation period of one month. This can be done by telephone via telephone number +31 (0)85 0293188, or by writing to WPG Customer Service, Postbus 3036, 1801 GA, Alkmaar, telephone +31 (0)85 0293188, email address klantenservice@wpg.nl.

12.3       The consumer can cancel the subscription in the way it was entered into. WPG accepts cancellations by email, telephone or post (regardless of the way the subscription was entered into).

12.4       A so-called gift subscription on behalf of a third party is entered into for a definite period and is not automatically extended.

12.5       In the unexpected event of the death of a customer, the subscription ends at the time when the customer’s death is communicated to WPG. In that case, the subscription amount will be refunded for the subscription period that has not yet passed.

Payment and price change

13.1       Payment of the subscription fee occurs prior to a certain period agreed with the customer in the manner that the customer accepted when entering into the subscription. The applicable subscription prices and payment deadlines can be found in the periodical’s colophon, service page or website, or the website of the relevant publisher of the product or series. For direct debits, the subscription fee is collected from the account number that the customer has given to WPG.

13.2       In the event of late payment by the customer, whether or not due to the reversal of debited amounts or an insufficient balance in the designated account, WPG is entitled to charge reminder fees. If payment of the subscription has not been received even after a reminder, WPG is entitled to suspend execution of the subscription or to terminate it with immediate effect, without prejudice to WPG’s right to claim any compensation and overdue payments. In that case, WPG also has the right to transfer the (collection) claim to a collection agency. The costs of this will also be charged to the customer.

13.3       WPG reserves the right to change the subscription price during the duration of the subscription. Before the effective date, a change of this kind will be published in the colophon of the relevant publication (both online and in print) or on the website of the relevant WPG publisher.

13.4       Subscription fees and other notices regarding the terms under which a customer obtains a subscription are subject to printing and typesetting errors.

13.5       All subscription prices are in euros and include VAT.

13.6       If the termination of the subscription (in accordance with the cancellation period referred to in Article 12) occurs before the end of the period for which the customer has already paid subscription fees, the subscriber is entitled to reimbursement of the difference between the final amount due for the subscription taken and the amount already paid.

C – ONLINE SALE OF SUBSCRIPTIONS AND (DIGITAL) PRODUCTS AND SERVICES

General

14.1 This Part C applies, in addition to Parts A and E (and if applicable, in addition to Part B) to every order from the customer, insofar as he is also the consumer, relating to an Agreement with WPG that has been concluded via a website or app of (a title of) WPG in connection with the sale of books, subscriptions or other (digital) products and/or services (hereinafter: the “Online Agreement”). In addition to the provisions in this Part C, all other provisions regarding Agreements in these general terms also apply to Online Agreements.

14.2       If the delivery of a product or service ordered via an Online Agreement appears to be impossible, WPG will endeavour to make a replacement item available. No guarantees are provided to the customer in this regard.


Payment and invoicing of (digital) products and/or services, other than for subscriptions

15.1       Payments of products and services, other than for online subscriptions (for which Article 13 of Part B applies), must be made by the customer within fourteen days after the invoice date to an account to be designated by WPG and will occur without discount, deduction, suspension or settlement. In accordance with Article 4.1, invoices can be sent from the day on which the Online Agreement was concluded.

15.2       All WPG prices are expressed in euros and include VAT. All charges and taxes imposed or levied on the goods and services supplied by WPG are borne by the customer. All changes of factors that influence WPG’s price can be passed on to the customer by WPG.

15.3       WPG reserves the right to change prices and rates. Amended prices and fees apply from the moment that they are introduced.

15.4       If the customer does not meet his payment obligation(s) in time, he will, after he has been notified by WPG of the overdue payment and WPG has granted the customer a period of 14 days to still meet his payment obligation(s), and after failure to pay within this 14-day period, owe statutory interest on the amount still due and WPG will be entitled to charge him for the extrajudicial collection costs it has incurred.


Delivery, retention of title and risk

16.1       Goods are delivered by WPG by sending them via its logistics service provider to the address that the customer has given to WPG. Any costs for shipping are borne by the customer.

16.2 The risk of damage and/or loss of products remains with WPG until the moment of delivery to the customer, unless explicitly agreed otherwise.

16.3       As long as the customer has not paid the full amount for a delivered product, it remains the property of WPG.


Conformity and guarantee

17.1       WPG guarantees that the products and/or services comply with the Agreement, the specifications listed in the offer, reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations on the day the Agreement was concluded. WPG always does its utmost to display products in a way that best matches reality. However, WPG cannot guarantee that the colours shown on the image of a product are exactly the actual colours of the products to be supplied.


Cooling-off period and withdrawal

18.1       After concluding an Online Agreement with WPG with regard to a product, the customer can dissolve the Online Agreement within 14 days without giving reasons, with the exception of:

  • products created by WPG in accordance with customer specifications or otherwise clearly personal in nature;
  • goods that spoil quickly or that have a limited shelf life;
  • goods that are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
  • the delivery of individual issues of periodicals or magazines;
  • audio and video recordings and computer software of which the seal has been broken by the customer
  • the delivery of digital content that has not been delivered on a tangible medium, such as e-books, apps or other Digital Products as referred to in Article 19, for which fulfilment began before expiry of the cooling-off period with the customer’s consent.

18.2       When purchasing products, the cooling-off period starts on the day after the customer, or a third party designated by him who is not the carrier, received the (last) product from the order.

18.3       When purchasing a subscription, the cooling-off period starts on the day after the customer received the first edition of the relevant periodical or book.

18.4       During the cooling-off period referred to in Article 18.1, the customer will handle the product and the packaging with care. He should only unpack or use the product to the extent necessary to assess whether or not he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to WPG with all supplied accessories and in its original condition and packaging, in accordance with the instructions provided by WPG.

18.5       After concluding an Online Agreement with WPG with regard to a subscription to books or periodicals or a service, the customer can dissolve the Online Agreement without giving reasons within 14 days from the date of the formation of the Online Agreement, with the exception of services:

  • which relate to accommodation, lodging, transport, the restaurant business or leisure activities, if WPG undertakes, when concluding the Online Agreement, to provide these services on a specific date or during a specific period, which at least includes but is explicitly not limited to festivals to be organised by WPG.
  • concerning bets or lotteries;
  • for which fulfilment began before expiry of this period with the customer’s consent, which includes but is explicitly not limited to (online) courses as well as the course materials to be purchased for those courses.

18.6       If the customer makes use of the right of withdrawal as referred to in this Article 18, he must report this to WPG within the cooling-off period using the standard form for withdrawal (available on the WPG website) or in another unambiguous manner.

18.7       As soon as possible, but within 14 days from the day following the notification referred to in Article 18.6, the customer will send the product back or hand it to (an authorised representative of) WPG. The customer will return the product with all supplied accessories and, if reasonably possible, in the original state and packaging, and in accordance with reasonable and clear instructions given by WPG. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer.

18.8       When using the right of withdrawal as referred to in this Article 18, the costs of returning will be borne by the customer.

18.9       If a customer uses his right of withdrawal after entering into an Online Agreement for a subscription (as referred to in Article 18.3), with which the customer has also received a welcome gift, he must also return the welcome gift to WPG (the entire Article 18 also applies to the supplied welcome gift). The customer does not have to return the welcome gift only if he allows WPG to settle the value of the welcome gift with the amount that WPG has to pay back to the customer due to the dissolution of the Online Agreement.


Digital products

19.1       The (intellectual property) rights to e-books, apps or other digital products (hereinafter: “Digital Products”) sold to the customer by WPG or made available to the customer on the basis of a licence or otherwise, remain entirely with WPG. The customer only receives a personal, non-exclusive, non-transferable and non-sublicensable licence with regard to the relevant Digital Product.

19.2       WPG is permitted to take technical measures to protect the (intellectual property) rights of Digital Products. If WPG has secured Digital Products by means of technical protection, the customer is not permitted to remove or circumvent this protection.

19.3       The customer is not permitted to copy, change or lend Digital Products, make them available to third parties in any way or perform other actions that go beyond the scope of the licence described in Article 19.1.

19.4       WPG is permitted to impose temporal restrictions on the licence obtained by the customer, to limit the number of devices on which the Digital Product can be consulted and to impose other terms or restrictions on (the use of) Digital Products.

19.5       If the customer, with WPG’s permission, makes Digital Products available to third parties, the customer will declare the terms referred to in this Article 19 or other terms imposed by WPG on (the use of) Digital Products to be fully applicable to the Agreement between him and the third party and on all use that the third parties will make of the Digital Product. The customer will prove to WPG the applicability of the terms upon first request.


D – Sale of subscriptions outside the sales area (such as during events)

20.1       For the sale of subscriptions to books or periodicals outside the sales area – in addition to the provisions of Part B – Article 18 of Part C also applies.


E – Personalised products

21.1       This Part D applies, in addition to Parts A and C, to services offered by WPG that consist of the customer being able to make his own books, periodicals, other works and/or products that are composed of, among other things, his own uploaded content as well as content from WPG titles (including but not limited to text and/or illustrations) (hereinafter: “Personalised Products”).

21.2       If the customer uses these services with regard to Personalised Products, WPG is in no way liable for (the content and/or form of) Personalised Products. In principle, WPG takes no note of the content and/or form of Personalised Products and the responsibility for Personalised Products lies entirely with the customer. The customer guarantees to WPG that the Personalised Product does not in any way infringe on any (intellectual property) right of any third party, that the Personalised Product is not offensive, indecent and/or unlawful and indemnifies WPG against all third-party claims in this regard. If WPG, for any reason whatsoever, becomes familiar with (the content and/or form of) Personalised Products and, in WPG’s opinion, there is an element of the Personalised Product’s content or form that is contrary to the requirements referred to in the previous sentence, WPG is entitled without further notice to take technical and legal measures that make the (further) composition, use and/or publication of the Personalised Product impossible, without WPG being obliged to pay any (damage) compensation.

21.3       With regard to the content of WPG used by the customer to create a Personalised Product, the customer obtains a non-exclusive, non-sublicensable licence that is limited to the customer’s own use of that content. The licence will be limited to personal use of the content in connection with the creation of a Personalised Product. The customer is in no way entitled to sell, rent or otherwise commercially exploit and/or publish a Personalised Product in whole or in part. WPG reserves the right to set a maximum number of Personalised Products that may be ordered.

21.4       WPG strives for the best possible representation of both the content uploaded/supplied by the customer and the content from WPG titles in the Personalised Product, but cannot guarantee exact reproduction. The customer must take into account the possibility of limited printing variations and colour deviations. The customer is responsible for the quality of the content supplied by the customer (including but not limited to the quality of digital photo source files) and for any imperfections (including colour casts, etc.) resulting from the content uploaded/supplied by the customer.

21.5       WPG cannot guarantee the quality of the Personalised Product if the Personalised Product is not used normally.