Terms and Conditions

DEFINITIONS

  1. Amsterdam Writers: Amsterdam Writers, established in Amsterdam, Netherlands, Chamber of Commerce no. 34318191.
  2. Customer: the party which Amsterdam Writers has entered into an agreement with.
  3. Parties: Amsterdam Writers and customer together.
  4. Consumer: a customer who is a natural person and not acting in the exercise of a profession or business.

APPLICABILITY

  1. These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of Amsterdam Writers.
  2. Deviation from these terms and conditions is only possible if this has been explicitly agreed in writing by the parties.

FORMATION AGREEMENT

  1. The services of Amsterdam Writers can only be purchased online. An agreement comes established when you purchase a digital product or service and Amsterdam Writers has sent you an order confirmation. Information about content, price and duration of the service is described on the website.
  2. If Amsterdam Writers limits the number of participants in workshops, registration will take place on order of entry.
  3. Verbal commitments made are only binding once they have been confirmed to the customer in writing.

PRICES

  1. All prices used by Amsterdam Writers are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport expenses, unless expressly stated otherwise or agreed otherwise.
  2. Amsterdam Writers is entitled to adjust all prices for its products or services, shown on its website or otherwise, at any time.

PAYMENT AND PAYMENT TERMS

  1. The customer pays the entire amount online in advance, unless the parties have agreed otherwise in writing.
  2. The customer will receive the invoice digitally at the specified email address.
  3. The customer cannot claim delivery of service until it is paid in full.
  4. For every declined or reversed direct debit, Amsterdam Writers is allowed €25 charge to cover the administration costs and the costs associated with Amsterdam Writers being charged for every declined or reversed direct debit. The €25 charge does not include any additional bank charges, which will be charged additionally to the customer.
  5. If the customer does not pay on time, they are in default. If the customer remains in default, Amsterdam Writers is entitled to suspend the obligations until the customer has fulfilled its payment obligation.
  6. If the customer remains in default, Amsterdam Writers will proceed to collection. The costs relating to such recovery shall be borne by the customer. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
  7. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Amsterdam Writers on the customer are immediately due and payable.
  8. If the customer refuses to cooperate with the performance of the agreement by Amsterdam Writers, they are still obliged to pay the agreed price to Amsterdam Writers.

GIVING NOTICE

  1. The customer must provide any notice of default to Amsterdam Writers in writing.
  2. It is the responsibility of the customer that a notice of default actually reaches Amsterdam Writers (in time).

MODIFICATION OF AGREEMENT

  1. If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
  2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. Amsterdam Writers shall inform the customer of this as soon as possible.
  3. If the amendment or addition to the agreement has financial and/or qualitative consequences, Amsterdam Writers will inform the customer in writing in advance .
  4. If the parties have agreed on a fixed price, Amsterdam Writers shall indicate to what extent the change or addition of the agreement will result in this price being exceeded.
  5. Contrary to the provisions of the third paragraph of this article, Amsterdam Writers may not charge additional costs if the change or addition is the result of circumstances that may be granted to him are imputed.
  6. Amsterdam Writers has the right to change the workshop date and times. Amsterdam Writers shall inform the customer of this as soon as possible.

EXPECTATION

  1. Amsterdam Writers will execute the agreement to the best of its knowledge and ability. Amsterdam Writers will endeavor to advise the customer as well as possible and will share knowledge and experience with the customer. However, Amsterdam Writers does not guarantee a specific result.
  2. The customer makes their own decisions and it remains the responsibility of the customer with commitment and follow-up of advice given.
  3. Customers shall inform Amsterdam Writers in a timely manner of any changes to data, including email address.
  4. Amsterdam Writers expects respectful behaviour during workshops and instructions from Amsterdam Writers are followed.
  5. Recordings of workshops is prohibited unless prior permission has been provided.

RIGHT OF WITHDRAWAL FOR CONSUMERS

  1. A consumer may cancel their online purchase during a cooling-off period of 14 days without giving any reason provided that the consumer has not renounced his right of withdrawal.
  2. The cooling-off period of 14 days commences as soon as the consumer receives confirmation of the purchase.
  3. There is no right of withdrawal for digital download products once purchased or for tailor made products specific for the consumer.
  4. The right of withdrawal applies only to consumers.
  5. The consumer can notify his right of withdrawal via info@amsterdamwriters.com, or if desired, by using the standard withdrawal form (Modelformulier voor ontbinding / herroeping). Amsterdam Writers is obliged to make this available to the consumer immediately after the consumers request.

WORKSHOPS:

  1. A workshop may be cancelled by the consumer free of charge up to 14 days before the start of the workshop. In case of a cancellation within 14 days and up to 48 hours before the start of the workshop, 50% of the total amount will be refunded. Cancellation within 48 hours before the start of the workshop or when the workshop has already commenced, is not possible.
  2. Amsterdam Writers has the right to cancel the workshop if there are insufficient bookings. Amsterdam Writers will inform the consumer of this as soon as reasonably possible. The amount already paid for the workshop will be refunded to the bank account of the consumer typically within 5 working days.

SUSPENSION OF OBLIGATION BY THE CUSTOMER

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

COMPLAINTS

  1. The customer must examine a product or service provided by Amsterdam Writers as soon as possible for possible shortcomings.
  2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Amsterdam Writers of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
  3. Consumers must inform Amsterdam Writers of this within two months after detection of the shortcomings.
  4. The customer gives a detailed description as possible of the shortcomings, so that Amsterdam Writers is able to respond adequately.
  5. The customer must demonstrate that the complaint relates to an agreement between the parties.
  6. If a complaint relates to ongoing work, this can in any case not lead to Amsterdam Writers being forced to perform other work than has been agreed.

LIABILITY

  1. Amsterdam Writers is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
  2. If Amsterdam Writers is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
  3. Amsterdam Writers is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
  4. If Amsterdam Writers is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

EXPIRARY PERIOD

Every right of the customer to compensation from Amsterdam Writers shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 Dutch Civil Code.

DISSOLUTION

  1. The customer has the right to dissolve the agreement if Amsterdam Writers imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
  2. If the fulfillment of the obligations by Amsterdam Writers is not permanent or temporarily impossible, dissolution can only take place after Amsterdam Writers is in default.
  3. Amsterdam Writers has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Amsterdam Writers good grounds to fear that the customer will not be able to fulfill his obligations properly.

INTELLECTUAL PROPERTY

  1. Amsterdam Writers retains all intellectual property rights (including copyright, patent law, trademark law, design and design­ law, ) to all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, etc, unless the parties have agreed otherwise in writing.
  2. The customer may not copy, display and/or make available to third parties the aforementioned intellectual property rights without the prior written permission of Amsterdam Writers.
  3. In the event of a violation of this article, you will owe an immediately due and payable fine of €5,000 each violation as well as €1,000 for each day or part of a day that the violation continues, without prejudice to the right of Amsterdam Writers to claim (full) compensation in addition to the fine and without prejudice to all other rights.

FORCE MAJEURE

  1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Amsterdam Writers in the fulfillment of any obligation to the customer cannot be attributed to Amsterdam Writers in any situation independent of the will of Amsterdam Writers, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Amsterdam Writers.
  2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
  3. If a situation of force majeure arises as a result of which Amsterdam Writers cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Amsterdam Writers can comply with it.
  4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
  5. Amsterdam Writers does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

CHANGES IN TEH TERMS AND CONDITIONS

  1. Amsterdam Writers is entitled to amend or supplement these general terms and conditions.
  2. Changes of minor importance can be made at any time.
  3. Major changes in content will be discussed by Amsterdam Writers with the customer in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

TRANSFER OF RIGHTS

  1. The customer cannot transfer its rights deferring from an agreement with Amsterdam Writers to third parties without the prior written consent of Amsterdam Writers.
  2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

CONSEQUENCES OF NULLITY OR ANNULLABILITY

  1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Amsterdam Writers had in mind when drafting the conditions on that issue

APPLICABLE LAW AND COMPETENT COURT

  1. Dutch law is exclusively applicable to all agreements between the parties.
  2. The Dutch court in the district where Amsterdam Writers is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise