Revised: 6 September 2012
1. Definitions, Scope of Application
1.1 The following Standard Terms & Conditions of Business (“T&C”) apply to use of the Online Shop at www.sustainablegolfproject.com (“Online-Shop”), to purchase contracts concluded at the Online Shop, and to all related services provided by Between-us in the Sustainable Golf Project.
1.2 As used in these T&C, the term “Customer” shall refer to users of the Online Shop and to buyers of digital and print products at the Online Shop.
1.3 Any terms of business laid down by the Customer which diverge from these T&C shall not apply. Any confirmation from the Customer that is based on the latter’s own terms of business is expressly refuted. The Customer’s terms of business shall not become an integral part of any agreements unless Between-us has expressly confirmed same in writing.
2. Between-us’s Performance
2.1 In the Online Shop, Between-us offers electronic reports for sale. The specific price can be gathered from the details provided in the Online Shop.
2.2 After placing an order for the benchmark, Customers can download and store the report in PDF format.
2.3 For the electronic report, both separate issues for individual retrieval and subscriptions for varying periods are available.
3. Technical Requirements for Using Digital Content
3.1 For using digital content and in particular for reading and storing the electronic report, the Customer needs normal Internet access and a programme for viewing PDF documents.
4. Use of the Online Shop
4.1 Customers wanting to place orders at the Online Shop must first of all register to use the Online Shop.
4.2 At all times, basic requirements for registering are that the Customer is of age and that he or she has full legal capacity.
4.3 The personal data requested during registration must be given correctly. In particular, the Customer may not enter any third-party data and in the event of any changes shall be under obligation to immediately update his or her personal particulars in the Online Shop.
4.4 On sending off the completed registration form, the Customer submits a proposal to conclude an agreement on accessing and using the Online Shop. The Customer is then sent a confirmatory e-mail containing his or her personal access data. This confirmatory e-mail constitutes Between-us’s acceptance of the Customer’s proposal. An agreement on use for the On-line Shop is thus brought about.
4.5 Between-us is entitled to turn down individual registrations for the Online Shop without stating any reasons.
5. Access Data
5.1 The access data (e-mail address and password, or user name and password) are exclusively for the Customer’s own personal use. The Customer may not pass on or otherwise disclose his or her access data to third parties. If he or she gains knowledge or even a mere suspicion of any misuse of access data, the Customer must immediately report this to Between-us. The Customer shall be liable for all consequences of third-party use insofar as he or she is responsible for access data being misused. This may include having to pay for any orders placed without authorization. The Customer’s liability shall only lapse when he or she informs Between-us about the unauthorized usage or loss of access data, and after the password has been altered if necessary.
- if wrong data is provided during registration, and/or
- if access data (esp. the password) is disclosed without authority to do so,
Between-us shall be entitled to temporarily or permanently block the Customer’s access data, and/or to finally refuse the Customer access either with immediate effect or after a period of notice fixed at Between-us’s own discretion, and/or to give extraordinary notice terminating the agreement on use with immediate effect. In any such case, the Customer may not re-register as a user of the Online Shop without Between-us’s express prior approval.
6. Purchase of Digital Content
6.1 The Customer can order electronic reports and can also take out subscriptions, by clicking on the relevant shopping cart button provided for the goods on offer, and by then completing the order process.
6.2 When the Customer clicks on the “Order Now” button, he or she submits a proposal to conclude the relevant contract. Between-us accepts this proposal by sending order confirmation by email, whereupon the contract is brought about. Between-us is under no obligation to accept the Customer’s proposal. Between-us’s confirmation of receipt of an order does not constitute a binding confirmation of the actual order.
6.3 As opposed to distance contracts in other areas, the Customer does not have any cancellation right when purchasing digital content (Civil Code § 312d Para. 4 No. 3 and No. 1), even if he or she places an order in a consumer capacity.
6.4 When buying print products other than magazines, the Customer has the following cancellation right:
You may cancel your declared intention to conclude a contract within 14 days in text form (e.g. by post, fax, eMail) without stating the reasons, or – if the item is put at your disposal before the set period expires – by sending back the item. The period allowed shall commence on receipt of this Cancellation Policy in text form, not however before the goods have been delivered to the recipient (in the case of recurring deliveries of similar items, not before receipt of the first delivery) and not before we have honored our obligations to furnish relevant information pursuant to the Introductory Law to the Civil Code (EGBGB) Art. 246 § 2 in conjunction with § 1 Para. 1 and 2. In order to meet the deadline, it is sufficient to send off the cancellation notice before the period expires.
The cancellation notice must be sent to:
4818 RD Breda
Consequences of Cancellation
Provided cancellation is effective, the performance received by each party is to be returned and any benefits derived (e.g. interest) are to be surrendered. If you are unable to return all or some of the performance received and benefits derived (e.g. advantages of use), or if you can only return or surrender same to us in an impaired condition, then you must compensate us for the value. You only have to pay compensation for any impairment or benefits if they result from handling the item in a manner which exceeds an inspection of its features and functions. “Inspection of features and functions” shall be understood to mean testing and trying out the item as can be and is normally done in a retail shop or store. Items which can be sent by parcel post are to be returned at our risk. You have to pay the standard cost of returning the goods if the items ordered were delivered correctly. Any obligations to refund payments must be honored within 30 days; for you, the period allowed commences on the date you send us your cancellation notice or dispatch the item; for us, the period allowed commences on the date we receive said cancellation notice or the returned item.
END OF CANCELLATION POLICY.
7. Delivery of Digital Content
7.1 The electronic report is delivered in PDF format.
7.2 For delivery purposes, the Customer can click on a button on the website of the Sustainable Golf Project after contract closure, which triggers the downloading of the respective PDF file from sustainablegolfproject.com. Sustainablegolfproject.com acts as Between-us’s vicarious agent in this respect.
7.3 Between-us reserves the right to discontinue distributing individual reports in the event of any violation of copyright or for other important reasons. If within 12 months of contract closure the product bought is no longer accessible via the link mentioned in Item 7.2 above for this reason, the full amount paid for the book concerned shall be refunded to the Customer by Between-us.
8. Subscription Periods
8.1 The various subscriptions are always for a specific period. The subscription periods available are stated in the respective display of each item. On the one hand, they are not therefore automatically renewed if the Customer fails to actively give notice; on the other however, they cannot be routinely cancelled either. Nonetheless, both parties reserve the right to terminate a subscription with immediate effect for important cause. Notification of any such termination must be issued in writing.
9. Prices, Terms of Payment
9.1 The price for the report is stated in the respective display of the benchmark.
9.2 The subscription price for the benchmark report may increase or decrease during the term of the agreement on use. Any such price change shall not affect a subscription already taken out. However, if the Customer wishes to actively renew a subscription in the Online Shop, the subscription price then in force shall apply for the renewed subscription.
9.3 All the prices in the Online Shop are excluding VAT. Customers located in the Netherlands will receive a VAT inclusive invoice. All abroad customers are presumed to be business customers and are thereby obliged to pay their VAT under their local legal tax ruling.
9.4 Unless otherwise agreed, payment for a product has to be made in advance and shall fall due for payment immediately on completion of the order.
9.6 The Customer shall be billed electronically for the goods and services ordered, and invoices shall be sent to the email address he or she has specified. If the Customer also wants paper invoices to be sent, Between-us may charge a separate fee for this.
9.7 If the Customer fails to honor his or her payment obligations, or if any amounts paid are reverse-charged, Between-us shall be entitled to block the Customer’s access to the Online Shop, while at the same time reserving the right to assert further claims. If access is blocked because receivables are still outstanding and if the Customer balances the arrears, his or her access shall be reactivated.
9.8 Print products are delivered subject to retention of title. The goods delivered shall remain Between-us’s property until such time as the purchase price has been paid in full.
10. Rights of Use for Digital Content
10.1 Digital content shall be delivered to the Customer by making the electronic report available in PDF format (cf. Item 8 above).
10.2 Use of the report is exclusively permitted for the Customer’s own purposes. If the Customer downloads a report as a PDF document, the file may be stored on the end device used solely by the Customer personally, i.e. one copy may thus be made. The Customer is prohibited from engaging in any other or more extensive types of use and exploitation. Thus the following in particular are not permitted: making additional copies of the report, in particular on end devices or media to which other individuals or entities have access; adapting or redesigning the report and publishing or exploiting the item thus made; passing on the report to third parties, or lending it out or otherwise circulating it; and making the report publicly accessible or sending it to third parties. This also covers use in an intra- or extranet.
10.3 Subject to the statutory restrictions laid down in copyright law, Item 10. 2 above shall apply irrespective of the purpose of use or exploitation, and irrespective of the form or embodiment of the report at the actual time. Moreover, it shall apply not only to the report in its entirety, but also – subject to the statutory restrictions laid down in copyright law – to all the individual articles, photographs and other individual components or parts it contains, unless the part concerned does not in itself enjoy statutory protection under copyright law or other legislation.
10.4 Between-us reserves the right to mark the Customer’s report with the Customer’s name and email address, using an electronic watermark or some other technical identification mark. Moreover, to prevent misuse, Between-us reserves the right to mark the report and individual content items by other means that are not necessarily evident to the Customer. Finally, Between-us reserves the right to equip the report with a technical safety device to prevent any acts in breach of copyright and any other infringements of protective rights.
10.5 Between-us reserves the right to block access to the Customer’s report if the Customer has acted in breach of Item 10.2 above, or has enabled third parties to use or exploit a report or parts thereof without authority to do so.
11.1 Between-us shall bear liability in accordance with statutory regulations for any loss or damage sustained by the Customer that is caused by intent or gross negligence, is due to the object of performance lacking a warranted characteristic, is based on a culpable breach of cardinal duty, results from non-accidental mortal injury, physical harm or health damage, or is covered by liability under product liability law.
11.2 Cardinal duties are those contractual duties, performance of which enables due implementation of the contract in the first place and which the contractual partner may rely on being performed at all times, and which on the other hand jeopardize attainment of the very purpose of the contract if breached.
11.3 If a cardinal duty is breached, liability – provided the loss or damage is merely due to slight negligence and does not involve mortal injury, physical harm or health damage – shall be limited to that loss or damage, occurrence of which is typical or foreseeable in connection with providing services such as those constituting the subject-matter of the contract.
11.4 In all other respects, liability towards Between-us and Between-us’s vicarious agents – for whatsoever legal cause – is excluded.
11.5 If the damage sustained by the Customer results from loss of data, Between-us shall not be held liable if such damage would have been avoided if the Customer had regularly saved all the relevant data and made complete backups at intervals that duly reflect the value of the data.
12. Terminating the Account for the Online Shop
12.1 The Customer may give notice terminating the agreement on use for the Online Shop at any time. Notice may be sent by email to email@example.com or declared in writing and sent by post.
12.2 After the agreement on use has terminated, the Customer shall no longer have any access to the Online Shop and shall therefore no longer be able to access any reports ordered. Unused amounts under an on-going report subscription taken out by the Customer shall not be refunded.
12.3 Both parties reserve the right to give extraordinary notice for important cause.
13. Contract Document
13.1 Between-us makes no provision for separate contract documents based on these T&C. Between-us shall not therefore store “the contract document” that specifically relates to the Customer personally. When logged in to the Online Shop however, the Customer can see which subscriptions are running in his or her name.
14. Data Protection
15.1 If the Customer is a registered trader, a public corporation or a special trust managing public assets, Breda shall be place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between Between-us and the Customer. It is agreed that Breda shall be place of performance in such cases.
15.2 The same shall apply if subsequent to contract closure the Customer’s place of residence or normal place of abode is located at or is relocated to some place outside Dutch territory. This shall also apply if the Customer’s place of residence or normal place of abode is not known at the time when legal action is filed.
15.3 Dutch law shall apply exclusively.
15.4 If any provision of these Standard Terms & Conditions of Business is ineffective, this shall not affect the validity of the remaining provisions. In any such case, the parties shall negotiate an agreement on a clause to substitute the ineffective provision and that reflects the con-tent of the original provision as closely as possible.
16. Contact Information
16.1 Between-us may be reached at:
4818 RD Breda
Telephone: +31 76 5222 817
Chamber of Commerce reference (KvK): 28073917
BTW reference: 8093.10.168.B.01