Terms & Conditions

Terms and Conditions

Legal entity
Ambilicious LLP, publisher of stories and the working names used under her:
Ambilicious publisher
Ambilicious Academy
Ambilicious Studio
Legal entity: Ambilicious LLP

Visiting and postal address: Oranjeboomstraat 97, 4812 EB Breda
Contact: info@Ambilicious.nl
Phone: +31611208323
Chamber of Commerce number: 66746078
VAT identification number: NL: 8566.82.020.B.01

Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
Ambilicious:  all Ambilicious LLP components, as described under “legal entity”;
Customer:  any natural or legal person who enters into an agreement with Ambilicious;
Parties: Ambilicious and customer;
Agreement: every offer, quotation and agreement between Ambilicious and the customer;
Printing house: the printing or printing works where Ambilicious has the goods ordered by the customer manufactured.

General
These terms and conditions apply to every offer, quotation and agreement between Ambilicious and the customer to which Ambilicious has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
An exception to this validity is the signed "Agreement of ..." respectively publishing, editorial plus, training, course and future products/services between Ambilicious and the author/customer. Conditions from the agreements take precedence over these general terms and conditions.

These general terms and conditions also apply to agreements with Ambilicious, the implementation of which must involve third parties.
Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.

Price, offers and quotes
All prices quoted include VAT, unless otherwise indicated.
Ambilicious is obliged to comply with the legal rules regarding the Fixed Book Price Act.
The prices of the products and/or services offered are not increased (and Ambilicious is only bound by these prices):

  • during the statutory payment term, unless otherwise agreed;
  • within terms of reasonableness and fairness.
  • Subject to price changes as a result of changes in VAT rates or legal regulations or provisions.

All quotations are without obligation and are made in any (digital) written form, unless Ambilicious waives a written offer for practical, urgent or other reasons.The offer provides for a date or date, or can be determined by date. Ambilicious is only bound by offers if the customer accepts them, in writing or by e-mail, within 30 days. Offers or quotations do not automatically apply to repeat orders. Ambilicious cannot be held to prices, offers and quotations if the customer should have understood, in terms of reasonableness and fairness and generally accepted views, that the offer or quotation or a part thereof contains an obvious mistake or error. If the acceptance (on minor points) deviates from the offer included in the quotation, Ambilicious is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless Ambilicious indicates otherwise. A composite quotation does not oblige Ambilicious to deliver part of the goods included in the offer or quotation for a corresponding part of the stated price.

Conclusion of the agreement

The agreement is concluded by the timely acceptance of the agreement by the customer of the Ambilicious offer; payment of agreed amount.

Irrevocable – exclusion of the right of withdrawal

By placing an order with Ambilicious, the customer instructs Ambilicious to produce and/or manufacture and/or reproduce the ordered goods exclusively for the customer (on the basis of an individual choice or decision by the consumer). The order placed by the customer is therefore irreversible and therefore irrevocable from the moment that the agreement has been concluded. If, at a time after the order has become irrevocable, the customer has the payment already made by means of a payment authorization reversed, the customer is obliged to make the payment immediately in another way. Additional costs are borne by the customer.

Delivery

Orders placed by natural persons (consumers) are processed after receipt of payment, unless otherwise agreed. Orders placed by legal entities (via Ambilicious business channels) are processed immediately and can be ordered on invoice, unless otherwise agreed. The customer is obliged to take delivery of the purchased goods at the moment they are available to him or are handed over to him. If Ambilicious has specified a term for delivery, this is indicative. A specified delivery time is therefore never a strict deadline. However, the final delivery time will never exceed the stated delivery time by more than two weeks, unless there is a case of force majeure. If a term is exceeded, the customer must give Ambilicious written notice of default before taking other measures. If it has been agreed that delivery will be carried out in phases, Ambilicious may suspend the execution of those parts that belong to a following phase until the customer has approved the results of the preceding phase in writing. If Ambilicious requires information from the customer in the context of the execution of the agreement, the delivery time will commence after the customer has made this available to Ambilicious. If the customer refuses to accept or is negligent in providing information or instructions necessary for the delivery, the items intended for delivery will be stored at the risk of the customer after Ambilicious has notified him. In that case, the customer will owe all additional costs.

Retention of title

Ambilicious remains the full owner of the delivered item until the purchase price has been paid in full.

Offer

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. Images used show a true representation of the products, services and/or digital content offered. Ambilicious and the printer will take the utmost care in producing the orders of products and providing services. The delivered product (book) is a natural product, which means that it reacts to temperature and moisture differences. The printer of Ambilicious tries to minimize this as much as possible, for example by using special moisture regulation systems. The product may therefore be subject to minor differences in appearance.

In addition, back orders (delivery after the first delivery) may be subject to color and finish differences due to development and/or changes in machines. Ambilicious and the printing company will try to limit these differences with the greatest care, but an identical product cannot always be guaranteed.

Obvious mistakes or obvious errors in the offer are not binding on Ambilicious.

Quality control and recovery

Ambilicious and the printer will take the greatest possible care to ensure that the goods to be delivered meet the usual requirements and standards that can be set for them and that they are free of defects. The customer is obliged to inspect the delivered item at the time of delivery, but in any case within fourteen days after delivery. In doing so, the customer should investigate whether the quality and quantity of the delivered goods correspond to what has been agreed, or at least meet the requirements that apply in normal (trade) traffic. Any visible defects/shortcomings must be reported to Ambilicious within fourteen days of delivery by e-mail or in writing. Ambilicious may require that the defective item be sent, unless this is impossible or unreasonably onerous. If the report appears to be justified in Ambilicious's opinion, the defective item will be repaired or replaced at Ambilicious's discretion.

Guarantee

If the item to be delivered does not meet the product requirements, Ambilicious will replace the item within a reasonable period of time after receipt thereof, or arrange for repair at the discretion of Ambilicious. In the event of replacement, the customer undertakes now to return the item to be replaced to Ambilicious.
Due to the 'working' nature (subject to temperature and moisture differences), external differences are within reason not covered by this warranty scheme.
Back orders (delivery after the first delivery) may be subject to color and finish differences. Within reason, these external differences are not covered by this guarantee scheme.
The aforementioned guarantee scheme does not apply if the defect has arisen as a result of injudicious or improper use or if the customer or third parties has/have used the item for purposes for which it is not intended.
If a complaint is made in time pursuant to this article, the customer remains obliged to purchase and pay for the purchased goods.
The provisions of these general terms and conditions with regard to warranty do not affect the customer's warranty claims under the law, all with due observance of the provisions of these general terms and conditions and the agreement, including the nature and quality of what has been sold to the customer. and delivered.
If the delivered item does not correspond to what was agreed and this non-conformity is a defect within the meaning of the product liability regulation, Ambilicious is not liable for the resulting consequential damage.

Return shipping costs in case of defects/shortages

Ambilicious will reimburse the customer for any postage costs incurred for returning the defective item at Ambilicious's request. If the customer returns the shipment on his own initiative, the customer will not receive a refund for postage costs, unless otherwise agreed.
Costs other than postage will not be reimbursed by Ambilicious, unless otherwise agreed.
Ambilicious has the right to refuse a good that is returned without his permission and without payment of postage.
If Ambilicious judges that a report about a defect/shortage is unfounded, and Ambilicious has requested that the item be sent, Ambilicious will return this item to the customer at Ambilicious's expense.
If the customer returns a defective item in its own opinion without the permission and/or direction of Ambilicious and Ambilicious considers that the report about the defect is unfounded, Ambilicious is entitled to charge the customer for the costs of returning the item to the customer.

Risk transition

The risk of loss or damage to the products that are the subject of the agreement transfers to the customer at the time they are legally and/or actually delivered to the customer and thus under the control of the customer or of a customer to be designated by the customer. be brought to third.

Payment

Payment must be made by bank transfer or digital payment methods, and in the Euro currency, unless otherwise agreed.
An invoice must be paid within 14 days of the invoice date in a manner to be indicated by Ambilicious, unless otherwise agreed. This excludes orders for books, for which payment must be received before delivery.
Objections to the amount of the invoices do not suspend the payment obligation.
After expiry of the payment term from the invoice date, the customer is legally in default, without notice of default; From the moment of default, the customer owes an interest of 1% per month on the amount due, unless the statutory interest is higher, in which case the statutory interest applies.
In the event of bankruptcy, suspension of payments or receivership, the claims of Ambilicious and the obligations of the customer towards Ambilicious are immediately due and payable.
Ambilicious has the right to have the payments made by the customer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest.
Ambilicious can, without being in default as a result, refuse an offer of payment if the customer designates a different order for the allocation.
Ambilicious may refuse full repayment of the principal if the outstanding and accrued interest as well as the costs are not also paid.

Suspension and dissolution

Ambilicious is authorized to suspend the fulfillment of the obligations or to dissolve the agreement if:
the customer does not or not fully comply with the obligations under the agreement;
Circumstances that have come to the attention of Ambilicious after the conclusion of the agreement give good grounds to fear that the customer will not fulfill its obligations;
When concluding the agreement, the customer was requested to provide security for the fulfillment of its obligations under the agreement and this security is not forthcoming;
circumstances arise of such a nature that fulfillment 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 cannot reasonably be expected .
If there are reasonable grounds to fear that the customer will only partially or not properly comply, suspension is only permitted insofar as the shortcoming justifies it.
If the agreement is dissolved, Ambilicious's claims against the customer are immediately due and payable.
If Ambilicious suspends the fulfillment of its obligations, it retains its rights under the law and the agreement.
Ambilicious always reserves the right to claim (additional) compensation.

Collection costs

If the customer is in default or in default (with the fulfillment of one or more of his obligations), then all reasonable costs incurred in obtaining payment out of court are for the account of the customer.
If Ambilicious demonstrates that it has incurred higher costs, which were reasonably necessary, these will also qualify for reimbursement.
Any reasonable judicial and enforcement costs incurred will also be borne by the customer.
The Client owes interest on the collection costs incurred.

Disclaimers

The customer indemnifies Ambilicious against all claims, demands and/or claims from third parties, including the related costs of legal assistance, with regard to intellectual property rights on materials or data provided by the customer, which are used in the execution of the agreement. Customer declares that said materials are not charged with any claim, demand or claim. Furthermore, the customer declares that the publication and reproduction thereof does not constitute plagiarism. The customer also declares that said materials do not conflict with any legal provision and that they are unambiguously free from any form of defamation, discrimination, slander and/or incitement to hatred.
If the customer provides Ambilicious with information carriers, electronic files or software, etc., it guarantees that the information carriers, electronic files or software are free of viruses and other defects. Damage resulting from this can be charged to the customer.

Intellectual Property and Copyright

Without prejudice to the provisions of these general terms and conditions, Ambilicious reserves the rights and powers that Ambilicious is entitled to under the Copyright Act.
The customer is not permitted to make changes to the item, unless the nature of the delivered goods dictates otherwise or otherwise agreed in writing.
The designs, sketches, drawings, films, software and other materials or (electronic) files created by Ambilicious within the framework of the agreement and changes made to design and texts remain the property of Ambilicious, regardless of whether they are given to the customer or third parties. made available, unless otherwise agreed.
All documents possibly provided by Ambilicious, such as designs, sketches, drawings, films, software, (electronic) files, etc., are exclusively intended for use by the customer and may not be reproduced, published or published by him without the prior consent of Ambilicious. be brought to the attention of third parties, unless the nature of the documents provided dictates otherwise.
Ambilicious reserves the right to use any knowledge gained through the performance of the work for other purposes, insofar as no confidential information is disclosed to third parties.

Liability

If goods delivered by Ambilicious are defective, Ambilicious's liability towards the customer is limited to the purchase price charged to the customer for those goods.
If the producer of a defective item is liable for consequential damage, the liability of the Ambilicious is limited to repair or replacement of the item, or refund of the purchase price.
Without prejudice to the above, Ambilicious is not liable if the damage is due to intent and/or gross negligence and/or culpable acts, or injudicious or improper use by the customer.
The limitations of liability for direct damage included in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Ambilicious or its subordinates.

Force majeur

The parties are not obliged to fulfill any obligation if they are prevented from doing so as a result of a circumstance that is not due to fault, nor for which they are accountable under the law, a legal act or generally accepted views.
In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in the law and jurisprudence, all external causes, foreseen or unforeseen, over which Ambilicious can exercise no influence, as a result of which Ambilicious is unable to fulfill its obligations. This includes strikes in the company of Ambilicious.
Ambilicious also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Ambilicious should have fulfilled its obligation.
The parties can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the Parties is entitled to dissolve the agreement, without any obligation to pay compensation to the other Party.
Insofar as Ambilicious has partially fulfilled or will be able to fulfill its obligations under the agreement at the time of the occurrence of force majeure, and the part fulfilled or to be fulfilled has independent value, Ambilicious is entitled to separately fulfill the part already fulfilled or to be fulfilled. to invoice. The customer is obliged to pay this invoice as if it were a separate agreement.

Conditions changes

Ambilicious reserves the right to change or supplement these terms and conditions. Changes also apply to agreements already concluded with due observance of a term of 30 days after publication of the change on the Ambilicious website or by electronic message. Minor changes can be made at any time.

Disputes

The court in Ambilicious's place of business has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Ambilicious has the right to submit the dispute to the competent court according to the law.
The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

Applicable law

Dutch law applies to this agreement. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of this agreement will be submitted to the competent Dutch court for the district in which Ambilicious is established. If any provision of this agreement proves to be invalid, this will not affect the validity of the entire agreement. In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original agreement as much as legally possible.


In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof shall be decisive.