The Terms and Conditions established in this document (“Terms”) apply to the purchase of any product or service (in print or digital) provided by Kluwer Law International B.V. (“KLI”) as well as to the access and use of KLI Websites, which include but are not limited to: www.KluwerLawOnline.com (Including the Digital Book Platform) www.KluwerArbitration.com, www.KluwerCompetitionLaw.com www.KluwerIPLaw.com www.KluwerTaxLaw.com The only exception to the applicability of these terms are 3-month subscriptions purchased through our affiliate’s E-Commerce Site (https://lrus.wolterskluwer.com/store), whereby the following Terms and Conditions will apply as acknowledged and accepted during the purchase: https://lrus.wolterskluwer.com/policies/online-terms-of-use/ Please visit the Legal & Regulatory U.S. policies pages for applicable terms in the U.S.: https://lrus.wolterskluwer.com/policies/return-and-cancellation-policy/ https://lrus.wolterskluwer.com/policies/shipping/ Customer Service Contact Information: Tel: +1 301-698-7100 Email: [email protected] No other exceptions to these Terms will be accepted and applicability of a Customer’s terms and conditions is hereby expressly refused unless previously and expressly confirmed in writing. Contact details: Wolters Kluwer Legal & Regulatory U.S. – International Group Kluwer Law International B.V. office, the Netherlands (postal address): PO Box 316 2400 AH Alphen aan den Rijn The Netherlands +31 (0) 172 64 1500 Kluwer Law International B.V. Office, Netherlands (visiting address): Zuidpoolsingel 2 2408 ZE Alphen aan den Rijn The Netherlands +31 (0) 172 64 1500 KLI is registered in the Netherlands’ Chamber of Commerce Commercial Register under number 72152618. Our company’s Dutch VAT number is NL-800910333B01. These Terms and Conditions have been updated in May 2019.
- Agreement: Any agreement between a Customer and KLI for the delivery of Product(s) and/or Service(s), including the Order Form (if any).
- Authorized User: Any natural person who is legally entitled to access a specific KLI Online Service.
- Consumer: a Customer who is a natural person acting outside the scope of an economic activity (trade, business, craft, liberal profession).
- Customer: any person who purchases any of the Products or Services offered by KLI. We recognize two types of customers that may or may not have similar purchase conditions: Customer is a legal person (B2B) and Customer is a Consumer (B2C).
- Electronic Product: any Product offered in electronic form.
- Invoice: a document issued by (or on behalf of) KLI stating the payment, delivery, transport and other relevant conditions relating to a purchase as agreed between the Customer and KLI
- Invoice (pro forma): is an invoice for payment in advance as a pre requisite for the purchase to become valid. A Pro Forma invoice becomes a document of title only when paid in full.
- KLI Website: is a collection of related web pages, including multimedia content, typically identified with a common domain name. A KLI website may be accessible via a public Internet Protocol (IP) network, such as the Internet, or a private local area network (LAN), by referencing a uniform resource locator (URL) that identifies the website. A KLI Website is always owned and operated by KLI.
- Licensee: A Customer who has purchased an Online Service and is entitled to Online Access.
- Licence Fee: the fee for accessing an Online Service as agreed (in the Order Form).
- Licensed Material/ Content: any content owned and provided by KLI to Licensee included in the Online Service or Electronic Product as per the Agreement, that may include optional tools or service(s) and to which the Licensee is entitled to have access by means of an Agreement;
- Online Access: the access to the Licensed Material offered as the “Online Licensed Material” by KLI through the Internet.
- Order Form: KLI’s (online) order form or any other document accepted by KLI detailing the purchase conditions by which the Customer offers to purchase a Product or a Service in agreement with KLI and subject to the relevant applicable purchase, payment, delivery, access and legal terms as outlined in these Terms.
- Online Service: A combination of bundled data, information, services and tools, including but not limited to the Licensed Material, offered by KLI over the internet, specified in the Agreement and to which a Licensee subscribes or an Authorized User has access to.
- Price/Fees: the consideration given in exchange for the Products or Services. Whether a specific Price or Fee includes VAT or not will be clearly stated in the relevant communication.
- Product: any of the items within KLI’s portfolio, offered in print and/or electronic form, with the exception of any Online Service.
- Renewal Date: an anniversary of the Start Date as specified in the Agreement.
- Renewal Fee: the fee agreed between the Customer and KLI to be paid for a renewal of the Customer’s subscription to an Online Service.
- Service: any service that KLI provides to Customer pursuant to an Agreement.
- Site: the physical location(s) or address(es) at which the Licensed Material will be used as per the Agreement, or in default thereof the Customer’s principal place of establishment.
- Start Date: the date indicated as such on the Invoice or otherwise in the Agreement on which the Customer’s purchased subscription to a Product or Online Service takes effect.
- VAT: Value added tax.
- Website User: any person who lands in any of the Online Services or KLI Websites. Any Website User is bound by the terms and conditions as specified in clause 9 of these Terms and by any valid applicable regulations.
3. GENERAL TERMS
KLI has entered into various agreements with different vendors for the fulfilment of a number of activities relating to the execution of an Agreement. By purchasing any Product or Service, the Customer acknowledges and accepts that vendors other than KLI may be responsible for performing part of the Agreement.
4. PURCHASE & PAYMENT TERMS
The agreed price shall be stated in the Agreement and in Invoice. Where applicable, VAT will be charged according to applicable rules on the date of the Invoice. Prices quoted for unavailable products are for information only and are subject to change.
An Agreement comes in effect after KLI has accepted an order of Customer. Once an Agreement is effective, KLI will deliver the agreed Product/Service to the Customer, as well as one or more Invoices, as applicable. When agreed so, delivery may be subject to advance payment, for which KLI will issue an Invoice. If the purchased print product is not available, the order will be placed on back order, meaning that KLI will deliver the Product when available.
4.3 Payment terms
KLI accepts the following payment methods: Bank wire to one of our currency-related bank accounts. Payments can be done in EUR, GBP or USD depending on the Customer’s bill to address location (GBP only for UK, USD only for North and Latin America & Canada, EUR for Europe and RoW). Credit Card (Master Card, VISA, AMEX): Please note that credit card statements may display the processing party’s name rather than KLI’s name. Please note that as per 1 January 2021 cheques are no longer accepted for payment. The applicable payment terms as discussed in advance shall be stated on the invoice. For questions regarding payment terms and conditions please contact our customer services team. Payment of the Price and applicable VAT shall be due and owing within 30 days of the date of the Invoice unless otherwise stated on the Invoice.
4.4 Tax Policy
Any and all relevant tax regulations, including VAT rules, shall be applicable to your purchase of a Product and/or Service. Amongst other it is required that appropriate VAT is applied to orders fulfilled from the UK and that sales (use) tax rules are applied to orders fulfilled from the distribution center in the U.S. Any applied tax shall be clearly itemized on the invoice. If you are a Customer in Europe and qualify for application of the VAT reverse-charge mechanism, or a Customer in the U.S. and qualify for sales (use) tax-exempt status, or if you have any other tax status that may be applicable, please inform us in advance, when you place your order, and mail your VAT details to our customer services team. NOTE: if we do not receive the required information beforehand, your order will be processed as if you do not have any special tax status.
5. DELIVERY TERMS
5.1 Delivery of Products (print)
KLI will charge shipping and handling fees for all prepaid and credit card orders for books and loose leafs (main works and supplements). KLI does not offer hand delivery. Orders from Resellers with a UK delivery address (either their UK office location or their UK freight forwarder/ shipper) will be delivered free of shipping & handling costs. Orders with a shipping address outside the UK, will be charged shipping and handling costs based on 12% of the value of the order with a maximum set at EUR/GBP/USD 35.00 for non-courier delivery and a maximum of EUR/GBP/USD 50.00 for courier deliveries. Expedite shipping available. General indication of delivery times, based on the distribution network for individual countries: UK 2-3 Working Days Europe 4-9 Working Days Middle East 5-10 Working Days Central and South America 8-14 Working Days Africa 8-14 Working Days Asia 8-14 Working Days
5.2 Supply of access to Online Services or Electronic Products
This applies to Customers who are entitled to access any of KLI’s Online Services and/or Electronic Products.
5.2.2 Free trial
If the Licensed Material is supplied on a trial-basis for evaluation purposes, Licensee may use the Licensed Material for evaluation during the period agreed, in accordance with these Terms and Conditions and subject to the conditions agreed in advance with KLI. Customers accessing the Service and/or Product on a trial-basis will not receive any invoice.
5.2.3 Licence terms
220.127.116.11 GRANT OF LICENCE
KLI hereby grants to the Licensee a non-exclusive, non-transferable Licence to access and use the Licensed Material at the Site, in accordance with the Agreement.
18.104.22.168 TERM OF LICENCE
The Licence shall remain in force for the period of time stated in the Agreement, as agreed between KLI and Licensee. The Term of the Licence will start on the Start Date.
22.214.171.124 FEES AND PAYMENT CONDITIONS
If payment of the Fees has not been received by KLI according to the payment conditions stated on the Invoice, Licensee will be in default without any further notice being required. KLI reserves the right to withhold delivery of the Licensed Material and any updates thereof until all outstanding fees and costs are paid.
KLI’s fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively referred to as “Taxes”) if not applicable to KLI. Licensee is responsible for paying all Taxes associated with the purchase of the Online Service. If KLI has the legal obligation to pay or collect Taxes for which Licensee is responsible under this section 126.96.36.199. , KLI will invoice Licensee and Licensee will pay the relevant amount unless Licensee has provided a valid tax exemption certificate authorized by the appropriate taxing authority. For the avoidance of doubt, KLI is solely responsible for taxes assessable against KLI based on KLI’s income, property and employees.
188.8.131.52 CONTENT SUPPLY
KLI will supply to Licensee the Licensed Material and may at any time make modifications or improvements to the Licensed Material. KLI will use all reasonable endeavours, if and to the necessary extent, to make and supply updates to the Licensed Material. KLI may at any time withdraw from the Licensed Material any material included in it: a. if KLI ceases, for whatever reason, to publish the publication from which such material is taken or otherwise no longer retains the right to publish such material; b. if in KLI’s reasonable opinion such material contains any matter which infringes copyright or is defamatory, obscene, unlawful, or otherwise objectionable.
184.108.40.206 CONTENT ACCESS
Licensee will be given access to the Licensed Material based on Licensee’s IP address(es). In order to access and use the Licensed Material Licensee must have a working Internet connection and it is recommended that Licensee has an electronic reading programme (such as Adobe Reader for reading electronic documents in .pdf format). Access may be managed through the use of a user name and a unique passwor (or any other means of personal identification), which the License shall only use or allow to be used by authorized users. The License shall keep the identification information confidential and not disclose disseminate or pass it on to unauthorized users (group companies employees, partners, branch offices, business relations or other). KLI has the right to limit or block Licensee’s online access to the Licensed Material immediately and without prior notice if and when illegal access to the Licensed Material through the associated IP address(es) has been ascertained, or when there are reasonable grounds to suspect that such illegal access will occur or has occurred through this IP address (range). Although reasonable care is given to ensure uninterrupted access to the Licensed Material, KLI shall not be liable for any temporary difficulties Licensee may encounter in accessing the Licensed Material whether due to telephone connections down time of the internet server at the provider, maintenance, virus detection or elimination or any other (technical) reason whatsoever. Without prejudice to any other remedy KLI may have by law in the event of breach of the obligation in this clause, by way of penalty Licensee shall become due and owing to KLI a sum equal to the yearly fee for multi-user access applicable to the Licensed Material at the time of such breach.
220.127.116.11 CONTENT OWNERSHIP
The Licensed Material is not sold to Licensee. Licensee shall not acquire any right, title or interest in either the Licensed Material or in any documentation, material or content made available to Licensee. Any such documentation, material or content will remain at all times the property of KLI. All rights in the Licensed Material whether these exist or may come into existence which are not specifically granted to Licensee by the Agreement are expressly reserved to KLI or to such other right holders as stated on the Licensed Material. Any copyrighted material is reproduced by KLI with the permission of the copyright holder.
18.104.22.168 AUTHORIZED AND UNAUTHORIZED USE
(i) Licensee shall use the Licensed Material and shall take all reasonable steps to ensure that its employees and partners shall use the Licensed Material only: a. for its own business purposes (or, if Customer is a Consumer, for its own personal use); b. by the user(s) specified on the Order Form; c. at the Site(s) specified on the Order Form; d. for the permitted purposes set out in the Agreement. (ii) Licensee, its employees or partners on its behalf, during the normal course of Licensee’s business, and, where Licensee’s business is the provision of library services, bona fide on-site users of those services, may for its own business purposes: a. view the Licensed Material on screen; b. print extracts from the Licensed Material; c. transmit by print, fax, e-mail, or other method, extracts from the Licensed Material between employees, partners or agents of Licensee; d. transmit by print, fax, e-mail, or other method, extracts from the Licensed Material to third parties only in connection with the provision of professional advice provided that no additional fee is directly or indirectly charged for the transmission. (iii) All extracts must clearly reproduce the copyright notice(s) and Licensee shall not do or omit to do or authorize any other person to do or omit to do any act which: a. would or might invalidate or be inconsistent with any intellectual property right of KLI in the Licensed Material b. would be in breach of or otherwise inconsistent with the moral rights of the authors of the items comprising the Licensed Material. (iv) Licensee shall promptly inform KLI if Licensee becomes aware of: a. any unauthorised use of the Licensed Material b. any actual, threatened, or suspected infringement of any intellectual property right of KLI in the Licensed Material, and c. any claim by any third party that the Licensed Material infringes the intellectual property or other rights of any other person. (v) Licensee shall at the request and expense of KLI do all such things as may be reasonably required to assist KLI in taking or resisting proceedings in relation to any infringement or claim referred to in this Clause and in maintaining the validity and enforceability of the intellectual property of KLI in the Licensed Material. (vi) Licensee shall not use the Licensed Material, allow access to the Licensed Material, or divulge any extract of the Licensed Material or any such result thereof nor allow or authorize the Licensed Material to be used for the purpose of operating a bureau or similar service or any online service whatsoever. (vii) Licensee shall not erase, remove, deface or cover any trademark, trade names, numbers, copyright or other proprietary notices, guarantee, designation of origin, means of identification, disclaimer or other statement used on any media containing the Licensed Material or used in relation to it, nor shall Licensee authorize another person to do so. (viii) Except insofar as permitted by law, Licensee shall not modify, reverse assemble, decompile or reverse engineer the Licensed Material or any part thereof, or permit any third party to do so. (ix) Licensee shall not, except to the extent necessary to exercise the rights granted under the Agreement: a. make any alterations, additions or amendments to the Licensed Material; b. combine the whole or any part of the Licensed Material with any other software, data or material; c. create derivative works from the whole or any part of the Licensed Material. (x) Licensee shall not sublicense the Licensed Material to others and Licensee warrants that no access will be given to the Licensed Material to any person not being an employee, partner or student of Licensee’s firm, company, organisation, university or other entity. Any access to the Licensed Material given by Licensee must comply with the Agreement. (xi) Except as permitted by law or these Terms, Licensee shall not itself nor allow any third party to duplicate or otherwise reproduce the Licensed Material or any part thereof. (xii) Neither the Agreement nor any of the rights and obligations of Licensee hereunder may be assigned, transferred, charged, delegated, sublicensed, or otherwise disposed of in whole or in part on a temporary or permanent basis unless Licensee has obtained the prior written consent of KLI.
22.214.171.124 LICENSOR WARRANTIES and LIMITATION OF LIABILITY
(i) KLI warrants that it has obtained all necessary rights to grant the License. (ii) Whilst reasonable care is taken to ensure the accuracy and completeness of the Licensed Material supplied, KLI makes no representations or warranties whatsoever, express or implied, that the Licensed Material or Online Service is free from errors or omissions. (iii) Whilst reasonable care has been taken to exclude computer viruses, no representation or warranty is made that the Licensed Material or Online Service is virus free. Licensee shall be responsible to ensure that no virus is introduced to any computer or network. (iv) Licensee has satisfied itself prior to entering the Agreement that the Licensed Material meets Licensee’s individual requirements and is compatible with Licensee’s hardware/software configuration and no failure of any part or the whole of the Licensed Material to be suitable for those requirements will give rise to any right or claim against KLI. (v) The warranties set out in this clause are exclusive of and in lieu of all other warranties, conditions, terms, undertakings, and obligations whether implied or expressed by law. (vi) KLI shall not be liable for any loss of whatsoever kind or for any indirect or consequential loss whatsoever, howsoever suffered by Licensee or for any liability of Licensee to any third party in connection with the Licensed Material (whether or not caused by the negligence of KLI). (vii) The aggregate maximum liability of KLI in respect of any direct or other loss (to the extent that such loss is not excluded by the Agreement or otherwise) whether such a claim arises in contract, tort or delict shall not exceed a sum equal to that paid as the last annual License Fee for the Licensed Material. (viii) KLI shall not be liable for the use of the Licensed Material by Licensee, its agents and employees and Licensee shall keep KLI fully indemnified against any claims, costs, damages, loss and liabilities arising out of any such use.
126.96.36.199 CONSEQUENCES OF TERMINATION and TERMINATION ON BREACH
Upon termination of the Agreement Licensee will cease use of the Licensed Material. Any special conditions regarding access or use of the Licensed Material that may apply after termination of the Agreement must be previously discussed between KLI and Licensee and accepted by both parties in writing. Both KLI and Licensee may terminate the License forthwith by written notice sent by courier, first class post or fax or via e-mail to the other party if: a. The other party has committed an irredeemable breach of the Agreement; or b. after one party, in the other party’s reasonable opinion, has failed to remedy a remediable breach of these terms and conditions within 14 days of being given notice to do so; or c. Either party is declared bankrupt or enters into liquidation or any arrangement with creditors or has a receiver or administrative receiver appointed such termination being prejudice to any other claim which the other party may have.
5.3 Title and Risk
Title to the Products shall remain with KLI until the Customer has paid the amount due stated in the Invoice in full. Risk in the Products shall pass to the Customer upon despatch.
5.4 Cancellation policy
Online Services and/or Electronic Products
All new 12-month subscriptions may be declined within the first 30 days for full credit. After the 30-day review period, the KLI cancellation policy will apply. 12-month renewal subscriptions will receive credit if cancelled prior to the renewal date. After the renewal date, the 1-4 months cancellation credit amount of 25% applies. That policy is as follows: If your cancellation request is received by KLI prior to the 10th of the month, that cancellation will be effective the 1st of that month. If your cancellation request is received after the 10th of the month that cancellation will be effective the 1st of the following month. Please see the scale below to determine the amount of credit, if any, that you would receive should you choose to cancel your subscription. Months of Service Credit to your account
1-4 months: 25%
5-12 months: No credit will be given
Cancellation of print Book orders are accepted if cancellation is received prior to the book shipping. If the book has shipped please read our return policy in clause 5.5 below.
Enrollment of a title in our standing order program may be cancelled at any time. There is no minimum purchase requirement. For new edition(s) or supplement(s) sent to you on a standing order basis may be returned within 30 days of the invoice date. KLI does not automatically charge the credit card or Account Number used as payment for your initial purchase. If you do not return any new editions or supplements sent to you on a standing order basis by the end of the 30-day period, you are responsible for paying the full invoice for the new edition or supplement.
Cancellation Journals: current active journal subscriptions are non-cancellable. Cancellations are accepted for the following subscription period.
We accept the following claims. Please contact our Customer Services team if you want to file a claim.
Non-receipt: Journal and Loose leaf supplement claims will be met free of charge if made no later than 3 months after the publication date. Book claims will be met if made no later than 6 weeks of invoice date.
Damaged goods: Claims that books, journals and supplements were damaged at moment of receipt, must be sent within 1 month of receipt including proof /photo. If the claim is acknowledged, a free replacement will be sent.
Missing pages within a supplement: will be met free of charge if made no later than 3 months after publication date. Note: this does not include lost pages or supplements.
Incorrect goods received: Provide proof (photo) and request for a replacement copy of the correct product.
Incorrect invoice amount: If we have issued an Invoice in error, the Invoice will be credited (or the pro forma cancelled) and a correct document will be issued provided notification and proof of the error is received by KLI within 30 days of the date of issue.
Loose-leaf publications (only main works): Items returned within 30 days of the Invoice date along with the Invoice marked “Cancel” will receive full credit. Books: Books returned within 30 days of the Invoice date along with the Invoice marked “cancel” will receive full credit. This applies to an order for quantities of less than 50 copies. Please send book(s) postage paid via traceable method and retain proof of shipment. Returns will be made at the Customer’s expense except in case of books sent in error. Returns must always be accompanied by a copy of the invoice. Books received without such documentation will not be accepted. A returned Product must be in a resalable condition when received from the Customer (so the Customer is responsible for adequate wrapping so it will be received in good condition). Please contact our Customer Services for details on return instructions. They will follow the necessary steps for refund/ replacement.
Provided Customer has made the relevant payment, following an approved cancellation of any Products and/or Online Services order, refund will be granted if request is made within two weeks of the Invoice date. Refund requests made after two weeks of the invoice date and/or requests for refund on partial Online Services subscriptions are not permitted. Orders for Online Services will be refunded only subject to a prior written submission of a request thereto and prior approval by KLI.
6. LEGAL TERMS
6.1 Applicable Law and Jurisdiction
These Terms and the Agreement are governed and construed in accordance with the laws of the Netherlands. The sole jurisdiction and venue for any action that may arise under or in relation to the subject matter hereof shall be the Dutch courts, notwithstanding KLI’s right to bring case before the court having jurisdiction over Customer’s place of business or Customer’s place of residence.
6.2 Termination on breach
Both the Customer and KLI are entitled to terminate an Agreement with immediate effect: 1. in case of a material breach of the terms if such breach remains uncured at the expiration of 30 days from the date a written notice of the breach was given; or 2. if the either party becomes the subject of a petition of bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In no event will termination of the Agreement in accordance with clause 6.2 of these Terms relieve a Licensee’s obligation to pay any fees payable prior to the effective date of termination.
6.3 Data Protection
KLI is a Dutch entity and as such subject to EU applicable regulations in relation with (sensitive) data protection issues. Any question regarding data protection measures taken can be addressed to the compliance e-mail address stated under 7.1.1 below (Compliance).
By purchasing a Product or Service and accepting these Terms the Customer agrees that no illegal or improper bribe, kickback, payment, gift, valuable item has been involved in connection with the purchase. If Customer learns of any violation of the above restriction, it will immediately be notified to KLI to the e-mail address stated under 7.1.1 below (Compliance).
6.5 Liabilities – Force Majeure
KLI accepts no liability for loss or damage, for Product delivery delays or for failure to supply access to Online Services arising from factors outside its reasonable control, including but not limited to act of God, acts or omissions of civil or military authority, war, fire, flood, natural disaster, labour disputes, shortage of supplies or compliance with orders lawfully given by any public authority.
The headings in these Terms are for ease of reference only and shall not be taken into account in the construction or interpretation of any term to which they refer.
Failure by either the Customer or KLI to at any time or for any time enforce or insist on the performance of an obligation or any term or any of its rights under these Terms will not be deemed to be or construed as a waiver thereof or of any other obligation or of any other term or of any of its other rights under these Terms. If any term of these Terms were found by any court of competent jurisdiction or other competent authority to be invalid or unenforceable in whole or in part, the remainder of the affected term and any other term will continue to be valid and enforceable.
(iii) Different entities.
Where the Customer and/or KLI represent two or more legal entities the liability shall be joint and several.
(iv) Validity of these Terms.
KLI reserves the right to modify these Terms. As a Visitor and as a Customer you are encouraged to keep informed and up-to-date regarding the applicable terms and conditions. These Terms were last revised and approved in October 2020.
7. USEFUL INFORMATION
7.1 Contact details
If you need official documents such as a Financial Traceability or Proof of Residence forms, or an extract of the Chamber of Commerce, or if you have any questions, comments of remarks regarding these Terms and Conditions, please contact us at [email protected]
For matters regarding your subscription, for upgrades of your services or any other sales question, please contact your sales contact person or our general sales department at [email protected]
For any question regarding your invoice, the status of your payment or your credit account, please contact our accounts department at [email protected]
Customer Service Email: [email protected]
Customer Service Telephone: Tel: +1 301-698-7100
8. INFORMATION FOR AUTHORS
Some of these Terms may be adapted for the benefit of our authors. Please note that all the relevant information that may be of interest for KLI authors can be found in our Author Portal at http://authors.wolterskluwerblogs.com/ Regarding purchases, authors may have special conditions for the purchase of their own works. Please contact your regular contact person orhttp://authors.wolterskluwerblogs.com/contact-form/
9. TERMS AND CONDITIONS FOR ALL WEBSITE USERS
If you are browsing through any of our websites, even if you are not (yet) a Customer, you are a Website User and as such you are subject to these Terms and Conditions. If you do not agree to any or all of the Terms and Conditions please cease using or accessing any site owned and operated by KLI. KLI Website(s) include, but are not limited to the following: www.KluwerLawOnline.com (Including the Digital Book Platform) www.KluwerArbitration.com www.KluwerCompetitionLaw.com www.kluwerIPLaw.com www.KluwerTaxLaw.com www.LRUS.WoltersKluwer.com (E-store)
10. CONSUMERS’ RIGHT TO WITHRAW
In addition to the foregoing, the following section applies when Customer is a Consumer. In case of conflict between the foregoing and this part of these Terms, this part prevails.
Consumer may cancel the purchase of a Product during a cooling-off period of 14 days without giving any reason. The cooling-off period starts on the day after Consumer, or on behalf of Consumer a third party, has received the Product, or: (a) if Consumer has purchased multiple Products in the same order: the day on which Consumer, or a third party designated by him, has received the last of these Products. Provided that the Consumer has clearly been informed prior to the ordering process, KLI may refuse an order for several Products with different delivery times; or (b) if the supply of a Product consists of several consignments or parts: the day on which Consumer, or a third party designated by him, has received the last shipment or piece; or (c) in case of Agreements for regular delivery of loose leafs and/or journals over a period of time: the day on which Consumer, or a third party designated by him, has received the first Product.
10.2 Online Services
10.2.1. Consumer may cancel the purchase of a License to Online Services during a cooling-off period of 14 days. The cooling-off period shall take effect on the day of conclusion of the Agreement. 10.2.2. Consumer does not have the right to withdrawal from the use of Online Services 10.2.2.a. if the Online Service has been made available to Consumer following Consumer’s express consent in advance to having the Online Service available; or 10.2.2.b. if Consumer has acknowledged that he loses his right of withdrawal immediately after the Online Service has been made fully available by KLI.
10.3 Obligations of the Consumer during cooling-off period
10.3.1. During the cooling-off period Consumer shall extract or use the Product or Online Service only to the extent necessary to the nature, characteristics and operation of the Product or Online Service. The starting point is that Consumer only handles and inspects the Product or Online Service as he would in a store. 10.3.2. Consumer shall be liable for depreciation of the Product or Online Service as a result of dealing with the Product or Online Service outside what is allowed in clause 10.3.1 above. 10.4 Exercise of the right to withdraw during cooling-off period 10.4.1. Consumer may exercise his right of withdrawal by unambiguously notifying KLI within the cooling-off period using KLI’s withdrawal form or any other means. 10.4.2. As fast as possible, but within 14 days from the day following the notification referred to in clause 10.3 Consumer shall send the Product back. Consumer shall send back the Product, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions by KLI. 10.4.3. Consumer shall bear the direct cost of returning the Product following a withdrawal. 10.4.4. If Consumer has made use of Online Services before cancellation, Consumer shall pay all reasonable fees for the time Consumer has made use of the Online Services. 10.4.5. Upon withdrawal to Online Services, Consumer will cease use of the Online Services. 10.5 KLI’s obligations in case of withdrawal 10.5.1. Provided Consumer has made the relevant payment, following an approved cancellation or return of any Product and/or License order, KLI will refund within 14 days after notification as referred to in clause 10.3. KLI may suspend payment until it has received the Product or until the Consumer shows that he has returned the Product, depending what time is earlier. 10.5.2. KLI uses the same method of payment for refund that Consumer used for payment, unless Consumer explicitly consents to another method of refund. The repayment is free of charge for Consumer. 10.5.3. If Consumer has opted for a more expensive method of delivery than the cheapest standard delivery of KLI, the additional costs for the more expensive method are non-refundable. 10.6 Quality Nothing in these Terms deprives Consumer of his/her mandatory rights, if any, to have the Products and Services comply with the Agreement.