Article 1. General
1.1 ProBooks.eu is the online shop for Hemelz ProBooks, which can be visited at www.ProBooks.eu
1.2 These General Terms and Conditions (hereinafter “the Terms and Conditions”) which relate to the internet activities of Hemelz ProBooks, are in accordance with the General Terms and Conditions for Home Shopping.
Article 2. Application
2.1 These General Terms and Conditions of Sale shall apply to all offers, orders and agreements made by Hemelz ProBooks. (hereinafter “ProBooks”), to the exclusion of all other General Terms and Conditions.
2.2 The acceptance of an offer or the placing of an order shall entail acceptance of the application of these terms and conditions.
2.3 The requirements of these Terms and Conditions may be deviated from only if confirmed in writing, in which case the remaining stipulations shall continue unabated in force.
2.4 All entitlements and claims imposed for the benefit of ProBooks in these Terms and Conditions and any subsequent agreements shall equally be imposed for the benefit of intermediaries and other third parties engaged by ProBooks.
2.5 The ProBooks website is intended for all countries belonging to the European Union and most other countries worldwide.
Article 3. Offers and agreements
3.1 All offers made by ProBooks shall be without obligation, and ProBooks expressly reserve the right to amend prices, in particular when this is necessitated by legal and other requirements. All offers are subject to availability. We reserve the right to introduce price changes and changes to products and/or ranges at any time.
3.2 An agreement will come into force only following acceptance of your order by ProBooks. ProBooks shall be entitled to reject any order or to attach conditions to the delivery, unless expressly determined to the contrary. Where an order is not accepted, ProBooks will notify you of this within ten (10) working days of receipt of the order.
3.3 This agreement contains all agreements made between you and ProBooks, and shall replace all other agreements, arrangements and/or contracts made between you and ProBooks.
Article 4. Prices and payments
4.1 The stated prices for the products and services on offer are in Euros, including BTW (sales-tax) and excluding handling and carriage charges, any taxes or other levies, unless otherwise specified or agreed in writing.
4.2 Payment may be by any of the methods indicated during the ordering process. Additional conditions in relation to orders or payment may be attached to a customer’s order. Following the placing of an order you will receive immediate confirmation by e-mail, stating the total costs, including carriage charges. Payment will be in full, in advance, in all cases. Payment is possible:
a) Directly, online, by means of a credit card (Mastercard, Visa). No additional charges will be made for online payments.
b) iDeal: This is currently only available within the Netherlands.
4.3 ProBooks may extend the payment options in future. Other payment methods will be announced via the internet site.
4.4 In the event that a credit card payment method is selected, the terms and conditions of the relevant card issuer will apply. ProBooks is not a party to the relationship between you and the card issuer.
4.5 Where the prices for the products and services on offer rise in the period between the placing of the order and its completion, you will be entitled to cancel the order or to dissolve the agreement within ten (10) days following the notification of the price increase by the ProBooks store.
Article 5. Delivery
5.1 ProBooks aim to deliver ordered goods within 48 hours of receipt of payment and digital delivery within 1 hour after receipt of payment. However there is no obligation on ProBooks in this regard.
5.2 The latest delivery period is 10 days following order placement, except where the delay cannot be attributed to ProBooks. The despatch of your order will be confirmed by e-mail as soon as it goes out. If you have not received your order within a reasonable time (± 4 working days), we would request that you notify us of this immediately by e-mail, and at the latest within 10 working days. No claim submitted after this period will be considered.
5.3 Where a delivery is delayed, whether because items are out of stock, temporarily or permanently, or for any other reason, or where an order can not be completed or can only be completed in part, then you will be notified accordingly within seven (7) days after the placing of the order. In that case you will be entitled to cancel the order without charge. In these circumstances ProBooks store will arrange for a refund to be made.
5.4 Articles are despatched when payment is received.
5.5 We reserve the right to introduce changes to in product, cover, price.
Article 6. Retention of title
6.1 Property in the products supplied shall pass to the purchaser only when all liabilities created by virtue of any agreement with ProBooks have been discharged. Risk in the products shall pass to the purchaser immediately at the time of delivery.
Article 7. Intellectual and industrial property rights
7.1 You are obligated to respect all intellectual and industrial property rights associated with products and services supplied by ProBooks, in full and unconditionally.
7.2 ProBooks does not guarantee that the products supplied to you do not breach any third party intellectual and/or industrial property rights, whether recorded in writing or not.
Article 8. Claims and liability
8.1 It is your obligation to investigate on delivery whether the products comply with the agreement. Where this is not the case, you should notify ProBooks store in writing, stating reasons, as speedily as possible and in any event within seven (7) working days following delivery, or in any case once detection was reasonably possible.
8.2 Where for whatever reason you do not wish to take delivery of items, then you shall be entitled to return these to ProBooks store within fourteen (14) days of delivery. Return consignments will only be accepted in these circumstances where the articles are returned unused, in the original packaging and with the original labels attached. The articles should be returned, stamped, to:
- Hemelz ProBooks
- Postbus 59584
- 1040 LB Amsterdam
Where the returned items are received in good order, ProBooks store will transfer the relevant amount to you within 30 days.
Article 9. Orders/communication
9.1 ProBooks shall not be liable for misunderstandings, misinterpretations, delays or failures properly to communicate orders or notifications resulting from the use of the Internet or any other means of communication during communications between yourself and ProBooks, or between ProBooks and any third party, to the extent that these relate to the relationship between yourself and ProBooks except and to the extent that there are intentional acts or negligence on the part of ProBooks.
Article 10. Force majeure
10.1 In the case of force majeure, ProBooks shall be entitled, at their option, to suspend the completion of a customer’s order, or to dissolve the agreement without any requirement for judicial intervention, by notifying the customer accordingly in writing, and without any liability on the part of ProBooks to pay compensation for damages, unless in the circumstances this would be unacceptable, given the normal standards of fairness and reasonability.
10.2 Force majeure shall be taken to mean any circumstance independent of ProBooks volition, whereby their compliance with their obligations towards the customer is impeded, whether in whole or in part. These circumstances shall be taken to include strikes, fire, disturbances to operations, energy supply failures, delayed or missed deliveries on the part of suppliers or other third parties engaged by ProBooks, and the lack of any permit required to be obtained from government agencies. Force majeure shall also be taken to include faults in any telecommunications or other network or connection or any communications systems used, and/or the unavailability of the internet site at any time.
Article 11. Personal information
11.2 ProBooks will thereby take account of applicable privacy legislation and regulation.
Article 12. Miscellaneous
12.1 Where you provide ProBooks with an address in writing, then ProBooks shall be entitled to despatch all orders to that address, except where you provide ProBooks in writing with another address to which your orders should be despatched.
12.2 In the event that ProBooks tolerate deviations from these Terms and Conditions, whether for a short or longer period and whether tacitly or otherwise, that shall be without prejudice to their entitlement to require immediate and strict compliance with these Terms and conditions. You may in no circumstances derive any entitlement on the grounds of lenient application of these Terms and Conditions by ProBooks.
12.3 Where one or more of the stipulations of these Terms and Conditions or any other agreement made with ProBooks are in conflict with any applicable legal requirement, then the stipulation(s) in question shall lapse and shall be replaced with a legally permissible new stipulation to be determined by ProBooks.
12.4 ProBooks shall be entitled to engage third parties in the completion of your order(s).
Article 13. Applicable law and competent court
13.1 The Law of the Netherlands shall apply exclusively to all offers, orders, agreements, entitlements and obligations to which these Terms and Conditions apply, as well as to these Terms and Conditions themselves.
13.2 All disputes between the parties shall be brought exclusively before the appropriately authorised and competent court in the Netherlands.
Article 14. Disputes
14.1 In the absence of mandatory rules of law to the contrary, the court in the user’s place of establishment has exclusive competent jurisdiction
14.2 The parties shall not refer a matter to court until they have done their utmost to resolve the dispute in mutual consultation.
- Postbus 59584
- 1040 LB Amsterdam
- Chamber of Commerce (KvK) registration number: 70724849
- Tax nr: NL111459564B02