FOLLOW THE MONEY PUBLISHING

 

1. These general terms and conditions apply to every agreement between Follow the Money Publishing BV (FTM Publishing) and a customer (hereinafter: the “customer”) and to all offers and quotations provided to the customer by FTM Publishing and by the customer to FTM Publishing placed orders; as done online via https://shop.ftm.eu.
2. FTM Publishing (Chamber of Commerce number 809084540000) has its registered office in (1054 HT) Amsterdam at Overtoom 197-1. These general terms and conditions will be sent free of charge on request, to be requested by e-mail at info@ftm.nl.
3. FTM Publishing has the right to change these general terms and conditions at any time. The amended general terms and conditions will be published on the website of FTM Publishing before the effective date. The amended terms and conditions apply from the day of publication.

Orders

4. The agreement is concluded at the moment that FTM Publishing accepts an assignment, order or order (hereinafter: “order”) in writing or when FTM Publishing starts executing an order (following the ordering process). Orders placed by the customer with FTM Publishing 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 places an order by telephone, electronically or outside the sales area has done so, FTM Publishing acknowledges receipt and acceptance thereof. This confirmation includes information about the content of the agreement and the manner in which FTM Publishing will implement it.
5. FTM Publishing has the right to refuse an order without stating reasons. Even after acceptance of an order, FTM Publishing is entitled to cancel it without stating reasons, in which case FTM Publishing is not obliged to refund more than any amount already paid in advance by the customer.
6. Changes to an order must be communicated to FTM Publishing by the customer in a timely manner and digitally and are only effective if they are expressly accepted by FTM Publishing.
7. Delivery times stated by FTM Publishing are indicative and do not count as strict deadlines. In the event of late delivery, FTM Publishing must be given written notice of default before it is in default.
8. Deliveries are delivered to the address known to FTM Publishing.
9. FTM Publishing exercises due care when selecting the mail delivery companies it engages and makes every effort to deliver products correctly and on time, but FTM Publishing is not liable to the customer in this respect.

Payment and Billing

10. Payments for products and services must be made by the customer within fourteen days of the invoice date to an account to be designated by FTM Publishing and will be made without discount, deduction, suspension or set-off.
11. All prices of FTM Publishing are expressed in euros and include VAT. All levies and taxes imposed or levied in respect of the goods and services supplied by FTM Publishing shall be borne by the customer. All changes in factors that influence the price of FTM Publishing can be passed on to the customer by FTM Publishing.
12. FTM Publishing reserves the right to change prices and rates. Changed prices and rates apply from the moment they are entered.
13. If the customer does not meet his payment obligation(s) in time, after he has been informed by FTM Publishing of the late payment and FTM Publishing has granted the customer a period of 14 days to still meet his payment obligation(s) , if payment is not made within this 14-day period, the statutory interest will be due on the amount still owed and FTM Publishing will be entitled to charge the extrajudicial collection costs incurred by it.

Delivery, retention of title and risk

14. Goods are delivered by FTM Publishing by sending them via its logistics service provider to the address specified by the customer to FTM Publishing.
15. The risk of damage and/or loss of products rests with FTM Publishing until the moment of delivery to the customer, unless expressly agreed otherwise.
16. As long as the customer has not paid the full amount of a delivered product, it remains the property of FTM Publishing.
17. FTM Publishing guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or existing on the date of the conclusion of the agreement. or government regulations. FTM Publishing does its best to always depict products in a way that corresponds as closely as possible to reality. However, FTM Publishing cannot guarantee that the colors shown on the image of a product are exactly the actual colors of the products to be delivered.

Reflection period and withdrawal

18. After concluding an (online) agreement with FTM Publishing with regard to a product, the customer can dissolve the agreement for 14 days without giving reasons, with the exception of:

• products created by FTM Publishing in accordance with customer specifications or otherwise clearly personal in nature;
• items that spoil quickly or have a limited shelf life;
• goods that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery;
• the delivery of single issues of periodicals or magazines;
• audio and video recordings and computer software of which the customer has broken the seal;
• the supply of digital content that is not supplied on a material carrier, such as e-books, apps or other digital products as referred to in Article 25 , the performance of which has begun with the consent of the customer before the cooling-off period has expired;
• if the customer does not act in accordance with the paragraphs of these conditions relating to returns (e.g. does not handle the product/packaging with care).

19. 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, has received the (last) product from the order.
20. During the cooling-off period referred to in Article 18, the customer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to FTM Publishing, in accordance with the instructions provided by FTM Publishing.
21. If the customer makes use of the right of withdrawal as referred to in this article 18, he must report this within the cooling-off period by means of the model withdrawal form or in another unambiguous manner (for example by e-mail) to FTM Publishing.
22. The customer will return the product as soon as possible, but within 14 days from the day following the notification referred to in Article 21 . The customer returns the product with all accessories supplied, if reasonably possible in the original condition and packaging, and in accordance with any reasonable and clear instructions provided by FTM Publishing. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer.
23. When exercising the right of withdrawal as referred to in this article 18 , the costs of return are for the account of the customer.
24. If a customer uses his right of withdrawal after entering into an agreement, whereby the customer also received a welcome gift, he must also return the welcome gift to FTM Publishing. The customer only does not have to return the welcome gift if he allows FTM Publishing to offset the value of the welcome gift against the amount that FTM Publishing has to pay back to the customer due to the dissolution of the agreement.

Digital products

25. The (intellectual property) rights to e-books, apps or other digital products (hereinafter: "digital products") sold by FTM Publishing to the customer or on the basis of a license or otherwise made available to the customer remain fully with FTM Publishing. The customer only acquires a personal, non-exclusive, non-transferable and non-sublicensable license with regard to the relevant Digital Product.
26. FTM Publishing is permitted to take technical measures to protect the (intellectual property) rights attached to digital products. If FTM Publishing has secured digital products by means of technical protection, the customer is not permitted to remove or evade this protection.
27. The customer is not permitted to copy, change, lend, make available to third parties in any way digital products or perform other acts that go beyond the scope of the license described in Article 25 .
28. FTM Publishing is permitted to impose temporal restrictions on the license obtained by the customer, to impose restrictions on the number of devices on which the digital product can be consulted and to impose other conditions or restrictions on (the use of) digital products.

Liability

29. FTM Publishing is only liable for direct damage suffered by the customer if this damage can be attributed to FTM Publishing or if this is at the risk of FTM Publishing pursuant to a statutory provision. FTM Publishing is not liable for damage resulting from the use by the customer of any product or service supplied by FTM Publishing, with the exception of liability based on the product liability provisions referred to in Article 6:185 et seq. of the Dutch Civil Code. FTM Publishing is not liable for damage as a result of exceeding an agreed delivery period. Liability for indirect damage and/or consequential damage is excluded.
30. The liability of FTM Publishing is always limited to the amount that is paid out under the insurance of FTM Publishing in the relevant case. The aforementioned insurance has limitations in coverage, including with regard to the amount of the damage and the number of claims per year.
31. If no payment should be made under the insurance referred to in Article 30, for whatever reason, the liability of FTM Publishing is limited to a maximum of three times the invoice amount charged to the customer in connection with the relevant delivery or order and is paid on time.
32. FTM Publishing is not liable for damage caused by force majeure, which in any case includes disruptions or failures of the internet, the telecommunications structure, power failures, transport disruptions, strikes, business disruptions, stagnation in supply, flood, fire, domestic disturbances , war, government measures (including a foreign government) such as a transport, import or production ban, natural disasters, bad weather, lightning, fire, explosion and release of hazardous substances or gases.
33. The customer indemnifies FTM Publishing against and against all third-party claims, of whatever name, related to an agreement concluded between FTM Publishing and the customer or arising from the performance of an agreement.
34. All claims, claims and other powers of the customer against FTM Publishing lapse 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, claims and powers.
35. The expiry period referred to in Article 34 also applies from the moment of the conclusion of any agreement to which these general terms and conditions apply to all rights of action, entitlements and other powers of the customer against FTM Publishing.
36. The exclusion or limitation of the liability of FTM Publishing laid down in this section does not apply in the event of intent or gross negligence on the part of FTM Publishing.

Privacy

37. The privacy statement and the cookie statement of FTM Publishing apply to the collection and processing of personal data of customers and visitors to the websites of FTM Publishing. This states, among other things, that FTM Publishing is responsible for the processing of customer data collected when concluding an agreement with the aim of being able to implement the agreement between FTM Publishing and the customer, and to keep records of all customers. , to provide visitors with a good service on the various websites of FTM Publishing and to make offers to its customers from FTM Publishing.
38. The customer can view his/her personal data at any time and request to change, supplement or delete it by sending an e-mail to info@ftm.nl.

Nullity or voidability

39. If and insofar as any provision of these general terms and conditions cannot be invoked on the basis of a mandatory provision of law, the unreasonably onerous nature of these general terms and conditions or on the grounds of reasonableness and fairness, the provision in question with regard to content and purport to have a meaning that corresponds as closely as possible to this, so that the provision in question can be invoked. Any nullity or voidability does not affect the validity of the other conditions.

Transfer of rights and obligations

40. FTM Publishing is permitted to transfer the rights and obligations described in the agreement with the customer to one or more of its group companies, to which the customer already cooperates now and then. The customer cannot transfer rights and obligations under the agreement with FTM Publishing to third parties, unless the customer has received prior written permission to do so from FTM Publishing.

Applicable law and competent court

41. Dutch law applies exclusively to all agreements between FTM Publishing and the customer.
42. All disputes between FTM Publishing and the customer will be submitted exclusively to the competent court in Amsterdam.