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User agreement

a. Terms of use of the Sites
b. General terms and conditions of sale
c. Agreement for material providers

Welcome to UnibindPrint (the “Sites”).

The Sites have been created (i) to provide you with tools to create books and publications (the “Material”) for your own use or for sale and distribution to others and (ii) to function as an online shop for the purchase of such Material.

Before setting up your account, please read (i) the Terms of use of the Sites, (ii) the General terms and conditions of sale as well as (iii) the Agreement for material providers carefully (“Terms” or “Agreement”) as these will govern your access to and use of the Sites as well as your online purchases. Your access to and use of the Sites and your online purchases are expressly conditional upon your acceptance of and compliance with these Terms.

Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms.

Please note that any violation of these Terms may result in termination of your ability to access and use the Sites and your rights to revenue.

The Terms are the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. These terms are not assignable, transferable or sub-licensable by you except with our prior written consent. These Terms may not be modified or amended except with our prior written consent.

Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

a)Terms of use of the sites

The use of the Sites and information distributed in conjunction with the Site is subject to your acceptance of these Terms of use of the Sites (the “Conditions”). Your use of the Sites or of any content presented in any and all areas of the Site, whether as a registered user or an unregistered visitor, indicates your acknowledgment of and agreement with these Conditions. If you do not agree to be bound by and comply with these Conditions, please do not access or use the Sites.

Peleman Industries NV (“Peleman”, “we”, “us”, “our”) reserves the right to change, modify, add or remove portions of these Terms ; change the Sites, including by eliminating or discontinuing any content or feature of the Sites ; and change any fees or charges for use of the Sites in its sole discretion at any time. Any changes we make will be effective immediately upon notice, such notice provided by any means, including, but not limited to, posting on the Sites or by electronic mail. Your continued use of the Sites after such notice will be deemed acceptance of such changes.

1. Copyright in the site and in the material

You acknowledge that all content contained on or accessed from the Sites, including the design, layout, “look and feel”, text, graphics, photographs, trademarks, logos, images, applications, programs, computer code, screen interfaces and other content (collectively, the “Content”) are exclusively owned by Peleman or its licensors and protected by copyright, trademark and other intellectual property rights.

You acknowledge that the Material advertised and/or sold on the Sites is protected by copyright, exclusively owned by their respective authors or copyright holders.  Please note that, while you retain ownership of your own Material, any template or layout in which you arrange or organize such Material through tools and features made available through our Sites are not proprietary to you, and can be used by others and us for any purposes. You acknowledge that you have no rights in any such template and/or layout, and such template or layout shall be our sole and exclusive property.

For avoidance of doubt, and without limiting the foregoing, you have no right to post, make available to others, or otherwise distribute in any format any electronic materials downloaded from the Sites or any derivative works of such materials.

2. Use of the sites

Subject to and conditioned upon your compliance with these Conditions, and solely as long as you are permitted by us to access the Sites, we grant to you a limited, non-exclusive, non-transferable, non-sub-licensable and revocable license to access and make use of these Sites and the Material for personal non-commercial use only, provided that you keep intact all copyright and other proprietary notices.

Any other use of the Sites, their Content or the Material for purposes other than noted above, without our prior written consent, is prohibited. Without limitation, you may not download (other than page caching), reproduce (other than printing one copy), modify, duplicate, copy, sell, resell, visit, reverse engineer or otherwise exploit for any commercial purpose the Sites, the Material, or any portion of it, except with our express written and prior consent. You shall not use the Sites, their Content or the Material in a way that breaches these Terms or their spirit or any applicable law or regulations or that causes or is likely to cause any damage, interruption or impairment of the Sites, their Content or the Material. You may not attempt to gain access to any part of the Sites, other user accounts or any computer systems or networks connected to them, whether through hacking, password mining or any other means. You may not collect or attempt to collect personal information relating to others through the Sites. Any unauthorized use automatically terminates any license granted to you under this clause.

All rights not expressly granted hereunder are expressly reserved.

3. Registration

If you register to use the Sites (e.g. to post, upload or download Materials), you agree to provide accurate, current and complete information and maintain and update this information to keep it accurate, complete and current. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, you cannot claim a lack of notice on communications we have attempted to send to you that could materially affect you rights under the Terms. Moreover, if we reasonably believe the information is not correct, current or complete, or if we otherwise reasonably believe such action would be appropriate, we have the right to refuse access to the Sites and its Content and to terminate or suspend your user account.

As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar or otherwise inappropriate, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You are responsible for maintaining the confidentiality of your username, password, ID and other details as well as for any and all activities that are conducted through your account.

Any unauthorized use of your account or any other breach of security should be reported to us immediately.

Our Privacy statement governs the use and disclosure of any information you provide.

4. No warranties – Site services and content

The Sites, including, but not limited to, all Content and Material incorporated therein and all features and functionality of the Sites, is provided “AS IS”, “AS AVAILABLE” and without warranties of any kind, either express or implied. To the fullest extent permissible by applicable law, Peleman and its affiliates, distributors, partners, licensors, advertisers and sponsors and our and their directors, officers, employees, consultants, agents and other representatives disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade.

Without limitation:

(a) We do not give any warranty that the Sites’ Content is appropriate, available or permitted for use in all locations, that it is virus-free or as to its interoperability with any hardware, software or content. Those who access the Sites and use the Sites’ Content and/or Materials are responsible for compliance with all applicable law and regulations.

(b) Although we have attempted to verify the accuracy, reliability and currency of all Content (other than user content and Material), we give no warranty as to the accuracy of any statement in these Sites.

(c) We give no warranty that functions or services available through and other user interaction with the Sites will be constantly available, uninterrupted, secure or error-free, that defects will be corrected or that the Sites or the server that makes them available are free from viruses or other harmful components. We assume no responsibility, and are not liable for, any damage to (or loss of data from), or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Sites including downloading any images, software or other Content. If use of the Sites and/or their Content results in the need for servicing, repair or correction in equipment or data, you assume all costs in that regard.

You assume all responsibility and risk for your use of the Sites and your reliance thereon. No opinion, advice or statement of Peleman and its affiliates, distributors, partners, licensors, advertisers and/or sponsors and/or our and their directors, officers, employees, consultants, agents and other representatives, whether made on or through the site or otherwise, shall create any warranty. Your use of the Sites is entirely at your own risk.

Please note that we may also provide our customers with an automated method of reporting Material that they believe to be inappropriate. If we do provide such a method, Material that is reported more than a certain number of times may be automatically removed from our Sites, provided however that we have no obligation to remove Material in response to customer reports or requests. We are not responsible for and will have no liability for the removal or non-removal of any Material from the Sites. We recommend you keep back-up copies of your Material on your hard drive or other personal system, as the Sites are not intended to be a back-up solution for storing your Material.

5. Limitation of liability

To the maximum extent permitted by law, we disclaim all liability to you arising out of your use of the Sites. In particular, neither Peleman nor any of its affiliates, distributors, partners, licensors, advertisers or sponsors nor our or their directors, officers, employees, consultants, agents and other representatives shall be liable for any direct or indirect loss or damage to you, any loss of profits, loss of business, revenue, data, goodwill, or any consequential loss or damage arising out of or in any way relating to the Sites. We take no responsibility for any Material advertised and/or sold on the Site (including, without limitation, any inaccurate, offending or harmful content, content potentially infringing copyrights of third parties, etc.), nor do we have any obligation to or do we monitor the content of such Material. The authors who submit their Material remain solely responsible for their respective Material and the content thereof.

Your sole and exclusive remedy for dissatisfaction with the Sites is to stop using them.

Nothing in these Conditions shall exclude or limit our liability for (i) fraud, (ii) death or personal injury caused by our negligence or limit (iii) our liability which may not be excluded or limited under applicable law.

6. Compensation for breach

For any third party claim resulting from (i) your breach or non-observance of the Agreement and/or Conditions or (ii) your Material or (iii) your activities in connection with the Sites (including, without limitation, any purchases), you will compensate Peleman and/or its affiliates, distributors, partners, licensors, advertisers and sponsors and/or our and their directors, officers, employees, consultants, agents and other representatives and hold them harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of them.

7. Third party websites, software or services

The Sites may direct you to websites, software or services owned by third parties. We have not reviewed all of those third party websites, software or services to which you may be directed, we have no control over them and are not responsible for the content and operation nor the privacy practices of such third party websites, software or services. Accordingly, we strongly advise you to become familiar with the terms of use and practices of any such third parties. Your visiting of any external websites via links from these Sites is entirely at your risk.

Other websites may provide links to the Sites with our without our authorization. We do not endorse such sites and are not and shall not be responsible or liable for any links from those sites to these Sites, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

You must seek and obtain the written and prior approval of the operator of the Sites before creating any link to the Sites. Deep linking is strictly prohibited. All authorized links must be to the home page of the Sites, must make clear that the Sites and the Content are distinct from the website containing the link and must make it clear that the Sites are owned and/or operated by us or on our behalf.

8. Term and termination

We may, in our sole discretion, immediately terminate your access to and use of the Sites or any portion thereof at any time, amongst others reasons if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. Upon termination, your right to access and/or use the Sites will immediately cease. You agree that any termination of your access to or use of the Sites may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it (including all Materials), and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Sites or to any such information or files, and shall not be required to make such information or files available to you after any such termination.

We may, at our sole discretion, terminate your access to or registration through the Sites if your account is not accessed or if you do not log on during any period of six months or more (or such other reasonable period designated by us).

Except in relation to the Agreement for material providers (see below), you may terminate your privileges to access, use and purchase the Sites, their Content and/or Materials, at any time by destroying all Content downloaded from the Sites, all copies, wherever located or installed.

9. Privacy

We may collect and store your personal data whenever you interact with the Site(s), as explained in the Privacy statement. If we collect personal data, we shall do so in compliance with the Belgian Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data.

We may also use "cookies" to enhance your experience, as explained in the Privacy statement. You may opt out for the use of cookies delivered by the Sites as explained in the Privacy statement.

When you register for certain online services, we may ask you to provide personal data and your permission to use these personal data to inform you of other products or services offered or to be offered by us and our affiliates, and to send you relevant survey invitations related to our products and services. We do not sell or rent your personal data to third parties. We may transfer your personal data to our partners in order to perform the service you request (a.o. our local printpartners). Such partners may be located in a country where the privacy laws may not be as comprehensive as those in your own country. In such case, we shall take appropriate steps to ensure that your personal data is protected and handled as required by Belgian law. We may have to disclose your personal data in other situations, such as, but not limited to, to comply with legal or regulatory requirements or obligations in accordance with applicable law, a court order, administrative process or judicial process or subpoena. In the event that we are wholly or partly merged or acquired by another company, we may also transfer your personal data to such company if the services that are offered to you are transferred. If personal data is shared as mentioned above, we seek to limit the scope of data that are furnished to the amount necessary for the performance of this specific function. Unless otherwise precluded by legal process, we require recipients to protect your personal data and abide by applicable privacy laws and regulations.

You have the right to oppose to the use of your personal data for direct marketing purposes. You have the ability to correct or change your personal data in our records. Generally, you may change this information at any time and as often as necessary. If you need assistance or have any questions about accessing or correcting your personal data, you can contact our customer service by e-mail at info@peleman.com.

If you would provide us personal data related to other persons when you use the functionalities of the Sites (e.g. when you upload Material or when you invite a friend), you are responsible for obtaining such persons prior consent if required by law.

10. Applicable law and exclusive jurisdiction

You can access the Sites from anywhere in the world. Regardless of how, and from where, you access the Sites, you agree that this Agreement and these Conditions will be governed by and construed in accordance with the laws of Belgium, without regard to  conflict of law’s provisions. Any claim, legal proceeding or litigation arising in connection with the Sites will be brought solely before the Courts of Mechelen (Belgium) and you consent to the jurisdiction of such Courts, unless you are a Consumer (as defined in our General Terms and Conditions of Sale).

11. Miscellaneous

If any provision of these Conditions shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Conditions shall otherwise remain in full force and effect and remain enforceable between the parties.

Our headquarters and principal operations, including control and supervision of the Sites, are based in Belgium, at Rijksweg 7, B- 2870 Puurs.

 Our relationship is one of independent contractors and these Conditions do not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any reason whatsoever. Reference to business or distribution channel “partners” in connection with our operations refers to organizations with which we have business relationships and does not imply formal legal partnerships.

These Conditions shall be construed as if jointly drafted by the parties.

b) General terms and conditions of sale

1. Application of the general terms and conditions of sale

1.1. The present General Terms and Conditions of Sale (“GTCS”) apply to all sales and services carried out by us, except in case of a contrary written agreement between Parties. You explicitly renounce the application of your own general conditions, even if these would be posterior to the present GTCS. In order to be valid, each deviation to the GTCS must be subject to an explicit, prior and written agreement between Parties. Should any other document stipulate other terms, such as catalogues, brochures, promotion materials, etc. such stipulations shall never bind us.

You accept these GTCS by:

  • ordering any of our Goods through one of our Sites;
  • explicitly accepting these GTCS (i.e. by choosing the “I accept” option located on or adjacent to the screen where these GTCS may be displayed on our Sites);
  • signing any document which refers to these GTCS;
  • every other conceivable way which can be considered as a tacit acceptance of these GTCS.

1.2. Any failure or delay by us in exercising any right or remedy pursuant to these GTCS will not impair such right or remedy to be construed as a waiver of it and will not preclude its exercise at any subsequent time.

1.3. You acknowledge that we shall appeal to third parties for the execution of our obligations to which these GTSC apply, as mentioned in article 5of these GTCS. These GTCS shall continue to apply to the relation between you (as purchaser) and us (as vendor).

2. Definitions

In these GTCS:

  • Buyer, you, your means every individual (natural entity) or legal entity which has or will potentially have a contractual relation with us. The Buyer can be a Professional as well as a Consumer;
  • Vendor, we, us, our means Peleman Industries NV, with registered office at Rijksweg 7, 2870 Puurs, Belgium, and registered in the Crossroads Bank of Enterprises under the number 405.746.743, as well as its associated companies;
  • Consumer  means every individual (natural entity) who acquires the Goods, exclusively for non-professional purposes;
  • Professional means every individual or legal entity that durably pursues an economic purpose;
  • We are referred to individually as a Party and collectively as the Parties, as the case may be;
  • Sites means www.unibindprint.com or any other domain name registered by us;
  • Goods means all the products and services which we offer on our Sites or in any other sustained way;
  • Delivery Address means the address which you report in your order for the Goods to be delivered.

3. Offers

3.1. All offers made by us shall be merely illustrative and shall not bind us.

3.2. All offers are made under the express condition that our right to publish the Good(s) is not revoked by the material provider/Author.

3.3. We make reasonable efforts to accurately display the attributes of the Goods, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

Orders and withdrawal right

4.1. Without prejudice to article 4.2below, every order you place constitutes an absolutely irrevocable purchase. We are only bound as from a written confirmation of our acceptance of the order.

4.2. In case you are a Consumer, the contract will be validly concluded on the day on which we provide you with the order receipt or invoice which corresponds to your order, in paper or in electronic form.
Once the order receipt or invoice which corresponds to this order is provided to you, you shall not be able to cancel the order, if you fall within the conditions of article 4.3of these GTCS. In all other circumstances, you will be entitled to a withdrawal right as stipulated in article 4.4of these GTCS.

4.3. All Goods ordered through our website, even if you are not the material provider of the Goods in question, have been produced/printed as per your specifications and/or are clearly intended for a specific customer, so that you will not be able to appeal to a withdrawal right (cf. article 47, §4, 2° of the Belgian Act on Market practices and Consumer Practices, “AMP”). 

All other orders through our Site(s) which imply production/printing per specifications or for specific customers, shall not entitle you to any withdrawal right.

You will understand that we cannot take back any damaged or incomplete Goods, even if you fall within the conditions of article 4.4of these GTCS.

Professional customers shall never be entitled to appeal to a withdrawal right.

4.4. In all other cases, if you are a Consumer, you are entitled to, after conclusion of the contract as stipulated in article 4.2, invoke your withdrawal right within fourteen (14) calendar days without having to indicate any reason for such withdrawal.

This term of fourteen (14) calendar days takes effect on the day after your reception of the Good(s) (in conformity with article 5.4of these GTCS) or:

  • If you have ordered several Goods in the same order which will be delivered separately, the day upon which you have received the last Good;
  • If the delivery of the Goods is done in different shipments, the day upon which you receive the last shipment;
  • For agreements which entail regular deliveries of Goods during a specific period, the day upon which you have received the first Good.

4.5. During your fourteen (14) calendar days of time for reflection as mentioned in article 4.4of these GTCS, you will handle the Good(s) and/or packaging with due care. You will only unpack or use the Good(s) to the degree that is necessary in order to assess whether you wish to keep the Good(s) or not.

4.6. If you wish to invoke your withdrawal right, you will:

  • let us know by sending (i) the duly completed standard form (as appended to the Terms) or (ii) any other document containing the same information as the standard form via ordinary mail and e-mail to your local printpartner (as indicated on your order receipt) as well as to us (Peleman Industries NV, Rijksweg 7, 2870 Puurs or info@peleman.com);
  • send or bring back the Good(s) in their original condition and packaging, within fourteen (14) calendar days as from your notification that you wish to invoke your withdrawal right (see above), to the address of your local printpartner (as mentioned in your order receipt) at your own cost.

Within fourteen (14) calendar days after receipt of your notification and the Good(s), we shall proceed to a full refund of your order, including delivery costs. We reserve the right to proceed only to a partial refund of your delivery costs if you have chosen another delivery method than the most advantageous delivery method suggested by us.

5. Delivery and execution

5.1. For the execution of the orders that you place with us, we involve local printpartners. During the ordering process, you will be fully informed on the identity of such local printpartner and his contact details shall be mentioned on your order confirmation.

The local printpartner, which we have identified as nearest to you on the basis of your Delivery Address, will print your order and, if you have requested it during the ordering process, deliver the Good(s) to your Delivery Address. You can also choose to collect your order at your local printpartner.

Our printpartners are carefully chosen by us and are required to execute your orders in conformity with our high standards.

Should you encounter any quality or other issues with the delivered Good(s), please contact your local printpartner directly as he is fully responsible for the correct execution of your order. We do not take up any liability regarding such execution of the order, but would appreciate you notifying us of any issues with your local printpartner so that we can undertake the necessary actions.

5.2. Please take into account that the Sites are print-on-demand only. All Good(s) are manufactured when ordered.

The terms of delivery are merely indicative and are not binding. No delay can give rise to any indemnification whatsoever or to the cancellation of your order. You are obliged to accept orders that are delivered in several times.

Without prejudice to articles 5.1and 8of these GTCS, in case you are a Consumer, we cannot be held liable for exceeding the terms of delivery, unless the term of delivery is exceeded by more than fourteen (14) calendar days.

5.3. You have the option to (i) either pick up the Good(s) at your local printpartner or (ii) to have them delivered to your Delivery Address, in which case the costs of such delivery are for your account (and added to the payable amount during the ordering process). If you opt for a delivery to your Delivery Address and you are a Consumer, the risk of loss, degeneration and destruction of the Good(s) shall pass onto you at the moment on which your local printpartner hands the Good(s) over to the transporter.

5.4. Delivery is deemed to take place when you collect the ordered Good(s) at the premises of your local printpartner or when you receive them at the Delivery Address.

5.5. You are obliged to take delivery of the Good(s) at the date we agreed upon and to sign the delivery note at the moment of delivery.

5.6.Immediately upon delivery, you will examine the quality and quantity of the Good(s). Visible defects of the Goods should be communicated by registered letter and e-mail to your local printpartner (as indicated on your order receipt) as well as to us (Peleman Industries NV, Rijksweg 7, 2870 Puurs or info@peleman.com) within ten (10) working days after delivery at the latest, in the absence of which complaints will not be admissible. Your use of the Good(s) implies your irrevocable acceptance of a lack of conformity of the Good(s), notwithstanding your possible withdrawal right under article 4.4.

Without prejudice to article 5.7of these GTCS, hidden defects of the Good(s) are to be communicated by registered letter and e-mail to your local printpartner (as indicated on your order receipt) as well as to us (Peleman Industries NV, Rijksweg 7, 2870 Puurs or  info@peleman.com) within ten (10) working days after discovery of the flaw.

If you are a Professional, such complaints shall no longer be admissible six (6) months after the delivery of the Good(s), whereas if you are a Consumer such complaints shall no longer be admissible two (2) years after the delivery of the Good(s). Your use of the Good(s) after discovery of the flaw implies your irrevocable acceptance of lack of conformity of the Good(s).

5.7. As mentioned in article 5.1, we are not in any event liable for visible or hidden defects in the Good(s), as such liability lies with your local printpartner. In any event, our responsibility, both with regard to the visible and hidden defects, can never exceed the amount that is the equivalent to the invoiced amount for the relevant order.

5.8. We are not deemed nor obliged to know or take into consideration your particular use of the Good(s). Therefore, we are never responsible for a use of the Good(s) that deviates from a normal use.

5.9. You are allowed to return the Good(s) to your local printpartner insofar as the Good(s) show a visible or hidden defect and upon your prior and timely written complaint/notification. The reception of such returned Good(s) by the local printpartner or our acceptance of a return of the Good(s), does not imply any acknowledgement of liability or correctness of the complaint. The costs of return will be borne by your local printpartner under the express condition that a defect is found. A return of the Good(s) will only be accepted if it is/they are in its/their original condition upon return.

If you complain about an alleged non-conformity or defect, which turns out to be non-existing or to be a non-conformity or defect for which our local printpartner is not liable, we have the right to claim compensation/ indemnity/damages for the costs we/your local printpartner encountered due to the unjustified complaint.

5.10. You can only hold your local printpartner/us liable for flaws in the design, materials or manufacturing, other than as mentioned under article 3.3of these GTCS, of the ordered Good(s).

Because we provide a material provider controlled publishing tool, your local printpartner and we cannot and will not accept responsibility for the quality of the Material hosted and/or purchased (including misspelled words, grammatical errors, factual errors, poor quality pictures, etc.), its formatting, design or overall appearance. The Author/material provider approves the visual presentation and content of each item and bears responsibility for its quality and presentation. We do not monitor or check individual Material prior to publication or sale through our Sites.

No liability shall arise for defects resulting out of your actions or negligence or of a third person, including: unfit or illegal use, improper assembly or operation, natural wear and tear, improper treatment and maintenance, use of the product in combination with improper gear, etc.

5.11.    Should you not pick up your order at your local printpartner or not in time, you will be automatically in default. In such case, we are entitled to store the Good(s) at your cost and risk or to sell the Good(s) to a third party, at our option. We will in any event be entitled to the purchase price, interests and cost (by way of compensation).

6. Price and payment

6.1. The prices stated in the catalogues, brochures or other promotional materials are merely indicative.

6.2. Our prices as mentioned on our Sites are in euro and exclusive of VAT, taxes, levies, delivery and other costs, unless indicated otherwise.

You will be provided with an indicative price based on your specifications. Please take into account that if other specifications are employed when executing the final order, this shall have an influence on the price. Such change can result in a higher or a lower price. These price changes shall also apply to graphic design and desktoppublishing activities.

All factors than can have an influence on the price, can be charged to you.

The sales price will be the price mentioned in the order confirmation. In case you are a Consumer, the price will be the price of the invoice or receipt provided to you, which you did not cancel within a term of fourteen (14) calendar days after reception of this invoice or receipt in conformity with article 4of these GTCS.

6.3. All invoices are payable cash at our registered office. Any advance made will be deducted from the total balance.

In case of deferred payment, payment must be made into a bank account indicated by us, by the means and by the due date specified on the invoice. If no due date is indicated on the invoice, payment must be made within thirty (30) calendar days after the invoice date.

6.4. In the event of (even partial) absence of payment of an invoice at its expiration date, we may, automatically and without prior notice, charge interests on arrears at the legal rate, increased with 4,5%.

Furthermore, without prejudice to our right to claim full compensation of the damage we suffered (if those would be superior to the fixed compensation), we are, automatically and without prior notice, entitled to a fixed compensation of fifteen per cent (15%) of the total price of the unpaid invoice.

In case you are a Consumer, and without prejudice to the other articles of these GTCS, you will likewise be entitled to a fixed compensation of fifteen per cent (15%) of the total price of the invoice, in case we fail to comply with our obligations regarding this invoice.

In case you are a Professional, the interest rate charged on arrears will be the interest rate that is stipulated in the Act on combating late payment in commercial transactions of 2 August 2002.

6.5. Any absence of payment causes the loss of all possible discounts and incentives for the Buyer.

6.6. In case of (partial) non-payment of an invoice at its expiration date, any other non-expired invoices will become due automatically and without prior notice.

6.7. In case of (partial) non-payment of an invoice at its expiration date, we will be entitled to immediately suspend the execution of all pending orders and deliveries without prior notice.

6.8. We may at any time demand guaranties and securities that we deem appropriate in view of the good execution of your commitments.

6.9. Unless you are a Consumer, you cannot apply any form of set-off between the credits and debts that exist mutually between Parties.

We can at any moment, even in the event of bankruptcy, judicial reorganization, collective debt settlement or any other form of insolvency procedure in your respect, execute a set-off between the credits and debts that exist mutually between us. This set-off can be executed, whatever may be the object, form or origin of the mutual credits and debts. This set-off will be calculated in Euros after, if necessary, conversion of the foreign currency at your expense.

6.10. Received payments shall be used as payment for the oldest outstanding claims.

6.11. In the event that your solvency appears to be compromised, e.g. in the event of non-payment or late payment of an invoice, we are entitled to ask you for a retainer with respect to any stocks held for you and with respect to any further deliveries.  In the event that you do not agree with any such retainer, we have the right to immediately and unilaterally terminate the agreement with you, without serving notice and without judicial intervention.

7. Retention of title

7.1. We retain property of the Good(s) until payment in full, including payment of the price, the costs, the interests and possible compensations.

As long as you have not paid in full:

  • it is prohibited to use the Good(s) by means of payment, to pledge or to encumber the Goods with any type of security;
  • you will affix a sign on the Good(s) which clearly indicates that it is/they are our property. You further undertake to immediately inform us by registered letter if a third party seizes the Good(s) and to inform such third party of our retention of title claim;
  • you undertake to store the Good(s) in an impeccable state and in an adapted and tidy place.

7.2. The above article with regard to the retention of title shall not affect the provisions relating to the transfer of risk (cf. articles 5.3and 5.4).

8. Limitation of liability

8.1. As mentioned in article 5.1, we do not take up any responsibility, as your local printpartner is fully responsible for the correct execution of your order.

8.2. In any event, and without prejudice to article 8.1of these GTCS:

  • we are not responsible for disturbances that date back from the period before the acceptance of the order;
  • we are not responsible for the damage caused by the Good(s) if that damage is not only caused by a flaw in the Good(s) but also by your fault or the fault of a third party;
  • we cannot be held liable for a minor fault or gross error;
  • in case you are a Consumer, we carry full liability for the loss of life, physical injury and damage to health when it is proven that such damage was caused by our default or that of our legal representative or agent and on the condition that there is a causal link between the injury and the default;
  • in case you are a Professional, and without prejudice to the Belgian Act of 25 February 1991 with regard to the manufacturer’s liability for products with lacks, we cannot be held liable for the loss of life, physical injury and damage to health, except in case of fraud or intentional fault in our respect;
  • we only accept legal liability in accordance with statutory provisions for direct material damage that may arise from serious misconduct, fraud or wilful misconduct. Liability for any indirect damage, subsequent loss including (but not limited to) loss of profit, reduction of production, etc. is expressly excluded;
  • we are not liable for serious misconduct or wilful misconduct of our employees, agents, representatives, etc. in connection with the execution of their professional activities;
  • we are not liable for your or a third person’s operational loss, loss of time, loss of profit or any other direct or indirect loss caused by a defect in the Good(s).

8.3. If the Good(s) show(s) any lack in conformity, you should contact your local partner (as indicated on your order confirmation) in which case you are only entitled to claim the replacement of the Goods. In response to your claim, your local partner will be entitled to choose between the return of the price and the replacement of the Good(s). You can never claim any other form of compensation whatsoever in case of a lack in conformity of the Good(s).

8.4. Except in case of fraud or intentional fault, and without prejudice to article 8.1of these GTCS, our contractual and non-contractual liability is limited to the amount covered by the insurance. In any event, our contractual liability will be limited to the price of the contract from which the liability results, and our non-contractual liability will be limited to the amount of 10,000 EUR per claim, even in case of gross error. In any event, our liability will be limited to 25.000 EUR for all claims that result from the same contract of the same cause.

8.5. Without prejudice to article 5of these GTCS, every claim in compensation is legally null and void if you have not presented your case to the competent court within a period of six (6) months as from the date upon which the circumstance that serves as a basis for your claim became or should have become known to you. In case you are a Consumer, you will be required to present your claim in compensation to the competent court within a period of two (2) years as from the date upon which the circumstance that serves as a basis for your claim became or should have become known to you.

8.6. Neither Party shall be liable for performance delays of non-performance of its obligations due to causes beyond its reasonable control (Force Majeure), except for payment obligations. Force Majeure Events will include, without limitation, war, riots, insurrection, severe disturbance in the security of the internet, technical failures, strikes, unauthorised access and/or intrusions into the Website's servers, strikes of all natures and computer or telephone failure.

If a Party cites an event that constitutes a Force Majeure Event, it must inform the other Party within five working days of the occurrence or threatened occurrence of the event.

In the event of Force Majeure, both Parties shall undertake all reasonable efforts to limit the consequences of the Force Majeure Event. Should the cited Force Majeure event continue for over two (2) months, either Party shall be allowed to terminate the contract without judicial intervention, and without any Party being due compensation to the other Party.

8.7. The provisions of this article 8do not prevent the application of the Belgian Act on Manufacturers Liability (25 February 1991), nor the application of the Belgian Act on Market Practices and Consumer Protection (6 April 2010) in case the Buyer is a Consumer.

9. Privacy

9.1. Within the scope of the online ordering process, the contracting process, or any other process that should be necessary in order to determine the relation between Parties, we will gather some of your personal data, such as (but not limited to): your e-mail address, name, postal address, (cell)phone number, date of birth and profession. Furthermore, we may ask for some financial details, such as credit card-numbers or bank account-numbers, in order to secure your payment. By placing an order via our Site(s) or any other medium, you give your explicit permission to process these personal data in accordance with the conditions of these GTCS and the Privacy statement.

9.2. We will only process your personal data in accordance with the Belgian Act of 8 December 1992 safeguarding the Personal Privacy as regards the processing of personal data, and in accordance with our Privacy statement.

9.3. We do not sell or rent your personal data to third parties. We may transfer your personal data to our partners in order to perform the service you request (a.o. our local printpartners). Such partners may be located in a country where the privacy laws may not be as comprehensive as those in your own country. In such case, we shall take appropriate steps to ensure that your personal data are protected and handled as required by Belgian law. We may have to disclose your personal data in other situations, such as, but not limited to, to comply with legal or regulatory requirements or obligations in accordance with applicable law, a court order, administrative process or judicial process or subpoena. In the event that we are wholly or partly merged or acquired by another company, we may also transfer your personal data to such company if the services that are offered to you are transferred. If personal data are shared as mentioned above, we seek to limit the scope of data that is furnished to the amount necessary for the performance of this specific function. Unless otherwise precluded by legal process, we require recipients to protect your personal data and abide by applicable privacy laws and regulations.

9.4.You have the right to request access to and correction of your personal data in our records. Generally, you may change your personal information at any time and as often as necessary on the Sites. If you need assistance or have any questions about accessing or correcting your personal data, you can contact our customer service by e-mail at info@peleman.com.

10. Communications

Within the scope of their relations, both Parties accept the proof by electronic means (e.g.: e-mail, backup, etc.). You expressly accept the use of electronic invoices within the meaning of Royal Decree n°1 of 29 December 1992.

11. Severability

11.1. If any (part of a) provision of these GTCS is held to be invalid or unenforceable, or contrary to imperative law or the public order, then such provision will (so far as it is invalid or unenforceable) have no effect and will be deemed not to be included in the present GTCS, but without invalidating any of the remaining provisions. The Parties must then use all reasonable endeavours to replace the invalid or unenforceable provisions by a valid and enforceable substitute provision the effect of which is as close as possible to the intended effect of the invalid unenforceable provision.

12. Governing law and jurisdiction

12.1.The Parties’ contractual relations are governed by and must be construed and interpreted in accordance with the Laws of Belgium (expressly excluding the application of the United Nations’ Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980).

12.2. Unless you are a Consumer, all claims must be submitted to the exclusive jurisdiction of the courts of Mechelen (Belgium).

c) Agreement for material providers

If you wish to publish and sell the by you created books or publications on the Create My Books website, you will be redirected to our Shop My Books website.

Please read this agreement for material providers (the “ACP”) carefully before you register as a Shop My Books material provider. By providing Material for publication and sale on our Shop My Books website or by signing this ACP, you agree to enter into this ACP with us and to be bound by all the terms and conditions set forth herein. This ACP will also apply, should you wish to invite specific persons (friends, colleagues, etc.) to view or buy your Material through the (private) Create My Books website.

This ACP has been developed not only to protect your work and your privacy, but also to describe your responsibilities as a material provider.

1. Definitions

Author as used herein shall mean you. However, if you are entering into this ACP on behalf of your employer or another entity, then "Author" means that employer or entity, which you, hereby, declare to have the legal right and authority to represent for the purpose of this ACP.

Effective Date as used herein shall mean: the day on which the Author entered into this ACP.

Material as used herein shall mean: one (or more) copyrighted work(s), and any part of them, including the text, images, styles, fonts, graphics, art, photos, table of contents, and any other materials contained in or accompanying the works provided to us by the Author.

Peleman, we, us, our means Peleman Industries NV, with registered office at Rijksweg 7, 2870 Puurs, Belgium, and registered in the Crossroads Bank of Enterprises under the number 405.746.743, as well as its associated companies;

2. Grant of rights

The Author grants us a non-exclusive license to:

- reproduce, communicate to the public, distribute, make available, and otherwise use the Material, in physical or digital copies, in connection with our trademarks, company names and trade names for the purpose of selling the Material on our Site(s) and through various distribution channels;

  • advertise and promote the Material, use the Author's name, likeness and biographical data on any reproduction of the Material, in physical or digital copies, and in any other form of advertising or promotion for the Material, 
  • define the selling price and the terms for its distribution of physical or digital copies of the Material at our sole discretion and the Author is entitled to receive payment for Material sold as directed by the Author during the content uploading process. In those cases where we modify the price of the Material for distribution purposes, the amounts paid to Authors will not change unless the change is agreed to in advance by the Author,
  • make minor modifications to the Material for technical reasons (i.e. modify files so they will print or trim correctly).

This non-exclusive license is granted worldwide, royalty-free, sub-licensable and assignable.

This license is non-exclusive, meaning that you remain free to grant a license on the Material to third parties, provided that it does not conflict with the rights granted herein. Starting on the Effective date, our license runs for an indefinite term, but can at any time be terminated by the Author by giving twelve (12) days prior written notice to us, in accordance with article 10of this ACP.

If we decide to modify or otherwise prepare the Material for exploitation pursuant to this ACP, the expenses of such modification or preparation will be at our expense.

Please note that, while you retain ownership of your Material, any template or layout in which you arrange or organize such Material through tools and features made available through our Sites are not your property, and can be used by others and by us for any purposes. You acknowledge that you have no rights in any such template and/or layout, and such template or layout shall be our sole and exclusive property.

3. Payment terms

Our Sites are eCommerce websites that sell Authors’ copyrighted Materials to consumers, distributors, wholesalers and retailers, and pays a set fee to the Author on each book sold.

Payments are made to the Author according to the terms selected by the Author during the uploading process, and in accordance with the policies and terms included in this ACP:

  • Authors receive a portion of the sale of each book, such amount being specified by the Author during the uploading process. If no amount is specified by the Author, or if the Author elects to receive no fee, then the Author does not receive a payment. Please take into account that, given the taxes or duties that may be payable by us on the amount specified by the Author, the payment the Author receives may be less than the amount specified by him.
  • Payments are made monthly for all sales that occurred in the previous month. We make payments via PayPal. Authors who specify payment amounts, must provide a valid email address and are responsible for acquiring a valid PayPal account that is linked to that email address.
  • If at any time the Author’s PayPal account is closed, or shut down, it is the Author’s sole responsibility to establish a new account and update the information on the Sites via the provided user information update form.
  • We reserve our right to pay Authors using checks or other payment methods at our sole discretion.

The Author is responsible to any third party for payment of royalties, commissions, etc. that may be owed to them based upon agreements the Author has made with a third party and/or liabilities he has incurred to third parties.

We reserve the right to place a hold on any payment based upon suspicious activity, including, but not limited to, possible fraud, copyright infringement or other violations of the ACP, claims by third parties and/or questions regarding rightful ownership of the account.

4. Delivery of the material

The Author shall provide us with one copy of the Material in digital format, in accordance with the procedure described on the Sites.

5. Author's representations and warranties

The Author represents and warrants that, as of the Effective date:

- he is the sole owner of copyright in the Material and that he has the rights and power required to enter into this ACP and to grant the license granted herein, or if the Author is not the sole owner of the copyright in the Material, he has obtained, at no expense to us, a transfer of all necessary rights and power to enter into this ACP and to grant the license granted herein,

- he has obtained the written consent, release and/or permission of every identifiable individual who appears in the Material to use such individual likeness for purposes of using and otherwise exploiting the Material in the manner contemplated by this ACP, or, if any such identifiable individual is under the age of eighteen (18), to have obtained such written consent, release and/or permission from such individual’s parent or guardian (and agrees to provide us with a copy of any such consents, releases and/or permissions upon our request),

  • he has not entered into any other agreements with any other party in conflict with this ACP, and
  • there are no pending claims of ownership or any other claims by third parties against the Material for whatever reason.
  • The Author represents and warrants that the Material:
  • does not infringe, use, misappropriate or disclose without authorization, or otherwise violate the intellectual property rights, privacy, right of publicity or any other rights of any third party,
  • has been solely created by the Author and has not been adapted from any other work, nor has the material from any other work been copied and used in the Material, or if the Material has been adapted from another work, or uses the material from another work, the Author has obtained, at no expense to us, all necessary permissions,
  • is not defamatory, obscene, racist, abusive, discriminatory, harmful to children or otherwise objectionable,
  • contains no statement, information, advice, instruction, recipe, or formula which, if acted upon by the user, could cause physical injury, damage or financial loss,
  • is not fraudulent or misleading and
  • complies with all laws and regulations.

These representations and warranties will survive the termination of this ACP.

6. Use of the work by Peleman

The Author acknowledges that we can at all times and at our discretion refuse to utilize the Material on our Site(s), and that the use, marketing and distribution of the Material by us is at all times subject to the Author's continued compliance with the terms of this ACP.

As such, we reserve the right, at all times, to stop distributing and advertising physical or digital copies of the Material, at our sole and absolute discretion.

Should you decide to limit the access to and distribution of your Material, we will use our best efforts to prevent such access and distribution.

We may provide our customers with an automated method of reporting Material that they believe to be inappropriate. If we receive such reports, the Material in question may be automatically removed from our Sites, provided however that we have no obligation to remove Material in response to customer reports or requests. We are not responsible for and will have no liability for the removal or non-removal of any Material from the Sites. We recommend you keep back-up copies of your Material on your hard drive or other personal system, as the Sites are not intended to be a back-up solution for storing your Material.

7. Indemnification

The Author agrees to indemnify, defend and hold us and our respective directors, officers, employees, and applicable third parties (e.g. advertisers) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss and expense (including reasonable legal fees, damage awards, and settlement amounts) brought against any Indemnified Person(s) arising out of, or related to or which may arise from the Material and/or the Author's breach of this ACP.

 The Indemnified Persons may at their sole discretion control the defense, at the Author’s expense, of any claim. In the event that the Indemnified Parties decide not to control the defense of any claim hereunder, any Indemnified Person may join in defense with counsel of its choice at its own expense. The Author may not settle or resolve any such claim in a manner that imposes any liability or obligation on us, or affects our rights in connection therewith without our prior written approval.

The Author will not intentionally prejudice the rights granted under the ACP. In the event that the Author loses any rights or other licenses, consents or permissions relating to specific Material required to grant our rights, or if the Author receives notice of a third-party claim relating to Material which the Author reasonably deems to be of concern, he will immediately retire or delete such Material from our Sites. Notwithstanding the foregoing, the Author will use best efforts to maintain the rights to the Material that he provides to us under the ACP. Without limiting our rights or remedies under the ACP, the Author will reimburse us for any refunds we make to customers as a result of a withdrawal of Material. For the avoidance of doubt, nothing in this section is intended to relieve the Author of his indemnification obligation above.

This indemnification provision will survive the termination of this ACP.

8. Termination

This ACP will terminate upon termination of the license as mentioned in article 2of the ACP. Should the Author decide to retire the published Material, it will not be visible to our customers and will not be available for sale on our Shop My Books website. Retired Material will be deleted from our database after a period of time, such period to be defined at our sole discretion. However, all purchase orders received for such retired Material prior to termination of the license in conformity with article 2of the ACP, shall be executed and the purchase price shall be divided between parties in conformity with article 3here above.

Parties may also terminate the ACP, with immediate effect upon written notice in case of a serious breach of the other party of the ACP. In that case, this other party shall under no circumstances be entitled to compensation/indemnification/damages. A breach of article 5of the ACP will in any event be considered as sufficient justification for immediate termination by us. If the ACP is terminated on the basis of a breach of article 5of the ACP, we shall be under no obligation to proceed to payment pursuant to article 3here above, without prejudice to our entitlement to compensation/ indemnification/damages.

Termination of this ACP shall be without prejudice to any rights that shall have accrued to the benefit of either party or to the benefit of third parties pursuant to this Agreement prior to such termination, and shall not relieve either party from its obligations that are expressly indicated to survive termination of this ACP.

9. Privacy

Within the scope of the online publication and sales process, the contracting process, or any other process that should be necessary in order to determine the relation between Parties, we will gather some of your personal data, such as (but not limited to): your e-mail address, name, postal address, (cell)phone number, date of birth and profession. Furthermore, we may ask for some financial details, such as credit card-numbers or bank account-numbers, in order to secure your payment. When providing Materials via our Site(s) or any other medium, you give your explicit permission to process these personal data in accordance with these conditions and the Privacy statement.

We will only process your personal data in accordance with the Belgian Act of 8 December 1992 safeguarding the Personal Privacy as regards the processing of personal data, and in accordance with our Privacy statement.

We do not sell or rent your personal data to third parties. We may transfer your personal data to our partners in order to perform the service you request (a.o. our local printpartners). Such partners may be located in a country where the privacy laws may not be as comprehensive as those in your own country. In such case, we shall take appropriate steps to ensure that your personal data is protected and handled as required by Belgian law. We may have to disclose your personal data in other situations, such as, but not limited to, to comply with legal or regulatory requirements or obligations in accordance with applicable law, a court order, administrative process or judicial process or subpoena. In the event that we are wholly or partly merged or acquired by another company, we may also transfer your personal data to such company if the services that are offered to you are transferred. If personal data is shared as mentioned above, we seek to limit the scope of data that is furnished to the amount necessary for the performance of this specific function. Unless otherwise precluded by legal process, we require recipients to protect your personal data and abide by applicable privacy laws and regulations.

You have the right to request access to and correction of your personal data in our records. Generally, you may change your personal information at any time and as often as necessary on the Sites. If you need assistance or have any questions about accessing or correcting your personal data, you can contact our customer service by e-mail at info@peleman.com.

If you would provide us personal data related to other persons when you use the functionalities of the Sites (e.g. when you upload Material or when you invite a friend), you are responsible for obtaining such persons prior consent if required by law.

10. Governing law and jurisdiction

The Author agrees that this ACP will be governed by and construed in accordance with the laws of Belgium, without regards to its conflict of laws provisions.

Unless you are a Consumer, all claims must be submitted to the exclusive jurisdiction of the courts of Mechelen (Belgium).

11. Miscellaneous

The Author hereby grants us the right to transfer this ACP to any third party.

All notices required or permitted hereunder to us shall be given by registered mail at the following address: Peleman Industries, Rijksweg 7, B-2870 Puurs. All notices required hereunder to the Author shall be given by email to the email address mentioned by the Author while completing the online registration process. It is the Author's responsibility to keep the email address updated.

The relationship between Peleman and the Author is one of independent contractors. This ACP shall be construed as if jointly drafted by the parties.

This ACP may, under no circumstance, be considered as a publishing agreement in the sense of articles 25 to 30 of the Belgian Law on Copyright and Neighbouring Rights of 30 June 1994.

If any (part of a) provision of this ACP is held to be invalid or unenforceable, or contrary to imperative law or the public order, then such provision will (so far as it is invalid or unenforceable) have no effect and will be deemed not to be included in the present ACP, but without invalidating any of the remaining provisions. The Parties must then use all reasonable endeavours to replace the invalid or unenforceable provisions by a valid and enforceable substitute provision the effect of which is as close as possible to the intended effect of the invalid unenforceable provision.

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