International Institute of Social History,
(‘Internationaal Instituut voor Sociale Geschiedenis')
Address: Cruquiusweg 31, 1019 AT Amsterdam
Postal address: P.O. Box (‘Postbus’) 2169, 1000 CD Amsterdam
Chamber of Commerce (‘KvK’) number: 54667089
VAT number: NL002958697B01
Hereinafter referred to as: “IISG”.
These general conditions are applicable to each offer by IISG and to each distance contract concluded between IISG and the consumer, i.e. the natural person who does not conduct business professionally or via a company, and who enters into a distance contract in relation to products and/or services offered by IISG via distance selling. A distance contract is defined as a contract whereby one or more techniques for distance communication are exclusively used, as part of a system for the distance selling of products and/or services organized by IISG, up to and including the concluding of the contract.
Article 1 – Use of these general conditions
1. Prior to concluding the distance contract, the text of these general conditions shall be made available to the consumer. If it is not reasonably possible to implement this, (prior to concluding the distance contract) it shall be stated that these general conditions are available for perusal at IISG, and that upon request, they can be sent as soon as possible to the consumer free-of-charge.
2. In the event of the distance contract being concluded by electronic means, as a deviation from the aforementioned and prior to this contract being concluded, the text of the these general conditions can be made available to the consumer by electronic means in such a manner that it can be easily saved by the consumer on a durable data carrier, i.e. every means that enables the consumer of IISG to save information that is personally intended for him, in a manner that enables future consultation and reproduction of the saved and unchanged information. If this is not reasonably possible, (prior to concluding the distance contract), it shall be stated where the general conditions can be read by electronic means, and that upon request by electronic or other means, they can be sent to the consumer free-of-charge.
3. If, in addition to these general conditions, specific conditions are also applicable, the aforementioned applies mutatis mutandis. In any event, in the event of conflicting conditions, the consumer can always refer to the applicable provision that is the most favourable for him.
Article 2 – The offer
1. If an offer has a limited validity (for example, in terms of time) or is made under one or more specific conditions, this shall be explicitly stated in the offer.
2. The offer includes a comprehensive and accurate description of the products and/or services offered by IISG. This description is detailed enough to enable the consumer to optimally evaluate the offer from IISG. If IISG uses illustrations, these illustrations will provide an accurate as possible picture of the offered products and/or services. If it is evident that the offer from IISG includes mistakes or errors, IISG is not bound by this and this does not entitle the consumer to any rights.
3. Each offer from IISG includes the information that the consumer requires to obtain a clear idea of the rights and obligations that are linked to the acceptance of the offer. This, for example, includes, but is not limited to:
• the purchase price including any taxes;
• the costs of any delivery;
• the way in which the contract shall be drawn up, and which actions are required for this;
• a period for reflection (that is possibly applicable) during which the consumer can make use of his right to cancel, i.e. the possibility for the consumer to cancel the distance contract during the period for reflection;
• the method of payment, delivery and/or implementation of the contract;
• the period for acceptance of the offer, or the period for maintaining the price;
• the level of the tariff for distance communication if the costs for the use of the technique for distance communication (i.e. the means that can be used for concluding a contract, without the consumer and IISG having to meet up in the same room at the same time) are calculated using a basis other than the basic tariff;
• if the contract is saved and/or archived after being concluded, the way in which this is available for consultation by the consumer;
• the way in which the consumer (prior to concluding the contract) can be informed of actions not sought after by this consumer, as well as the way in which the consumer can rectify these not sought after actions before the contract is concluded;
• the (in as far as is applicable) language(s), in addition to Dutch, in which the contract can be concluded;
• the possible codes of conduct that IISG has complied with and the way in which the consumer can be informed about these codes of conduct by electronic means;
• the minimum duration of the distance contract if this concerns a contract that relates to the continual or periodic delivery of products and/or services.
Article 3 – The contract
1. Subject to that which is stated in paragraph 4 of this Article, the contract shall be concluded at the moment when the consumer accepts the offer provided that the stipulated conditions are satisfied.
2. If the acceptance of the offer by the consumer takes place by electronic means, IISG shall, without delay, confirm by electronic means, the reception of the acceptance of the offer. During the period when the reception of this acceptance has not been confirmed by IISG, the consumer can state that the contract is to be cancelled.
3. In the event of the contract being concluded by electronic means, IISG shall take adequate technical and organizational measures to safeguard the electronic transfer of data and IISG shall ensure that the Web environment is as secure as is reasonably possible. If the consumer can pay by electronic means, IISG shall also implement and/or comply with measures that are adequate and (as far as is reasonably possible) secure.
4. The IISG can (in accordance with the applicable legislation) ascertain whether the consumer can pay and/or has paid his financial obligations, and also inform itself about the facts and circumstances that (can) be relevant for entering into the distance contract in a reasonable and suitable
manner. If the IISG has reasonable grounds for not entering into the contract, it is authorized to refuse an order or request from a consumer, or to attach special conditions to the execution, with the consumer having no right to any compensation for whatever reason and/or basis.
5. IISG shall send the following data with the offered product and/or service, in writing or in such a way that it can be saved by the consumer in an accessible manner on a durable data carrier:
a. the conditions under which, and the way in which, the consumer can make use of the right to cancel, or a clear statement if the right to cancel cannot be invoked;
b. the visiting address of IISG where the consumer can report to with complaints;
c. the conditions under which termination of the contract must take place if the contract has a duration of more than one year or does not have a fixed term;
d. the information about the after-sales service and the applicable guarantees;
e. the information in Article 2 paragraph 3 of these conditions, unless this information has already been provided to the consumer prior to the execution of the contract.
6. In the event of IISG committing itself to deliver a series of products or services, the provision in the previous paragraph of this Article is only applicable to the first delivery and not to one or more deliveries thereafter.
Article 6 – Right to cancel upon delivery of products
1. In the event of purchasing products, the consumer can always cancel the contract without stating any reasons during a period of fourteen days, commencing on the day after the consumer has received the product.
2. During the aforementioned period of fourteen days, the consumer must carefully and with the requisite care become acquainted with the received product and the associated packaging. The consumer must only unpack and use the product in as far as this is reasonably necessary in order to decide whether the consumer wishes to keep the received product. In the event of the consumer making use of the acquired right to cancel, the consumer must send back (or make arrangements for sending back), or bring back (or make arrangements for bringing back) the product with all of the supplied accessories in the original received condition and packaging (if this is reasonably possible) to IISG in accordance with the instructions and/or conditions stipulated in all fairness by IISG.
Article 7 – Refund in the event of cancellation
1. In the event of the consumer invoking the right to cancel, the consumer is responsible for paying the costs of the return shipment.
2. In the event of IISG having received an amount from the consumer in relation to the concluded contract, where the consumer has acted in accordance with the content of these general conditions, IISG must repay the amount received from the consumer as soon as possible, with this refund taking place within a period of 30 days after reception of the returned products by IISG.
Article 8 - Exclusion of the right to cancel
1. In the event of the consumer having the right to cancel, this can only be excluded and/or limited by IISG if IISG has clearly stated this in the offer (and in any event, prior to the concluding of the contract).
2. Exclusion of the right to cancel is only possible for products:
a. that are subject to deterioration or rapid ageing;
b. that because of their nature, cannot be sent back;
c. that are sent by IISG and/or are made and/or are manufactured in accordance with specific instructions from the consumer;
d. that are of a personal nature;
e. whose price is linked to fluctuations that IISG has no control over;
f. such as (individual) newspapers and magazines;
g. such as audio and/or video and/or DVD or comparable recordings as well as (computer) software whose seals have been broken.
3. Exclusion of the right to cancel is only possible for services:
a. if the use thereof has commenced before the time for reflection has elapsed;
b. in relation to accommodation, transport, restaurant company and/or leisure activities focused on a specific date or for a specific period;
c. in relation to bets and taking part in lotteries or comparable activities.
Article 9 – The price (increase)
1. During the validity stated in the offer, the prices of the products and/or services offered shall not be increased, except in the event of changes by the government, such as (but not limited to) VAT tariffs.
2. As a deviation from the previous paragraph of this Article, IISG is entitled to offer products and/or services, whose prices are linked to changes that IISG is committed to and has no control over, at variable prices. The offer shall state this commitment to the aforementioned changes as well as whether prices are to be regarded as recommended prices.
3. The increase of a price within 3 months after the concluding of the contract is only permitted if:
a. this is the result of legally binding provisions and
b. IISG has agreed to this, and
c. the consumer is entitled to cancel the contract on the day on which the increase shall take effect.
4. All prices stated for the products or services offered by IISG include VAT.
Article 10 – Guarantee and reasonable expectations
1. IISG guarantees that the products and/or services satisfy the reasonable expectations for the characteristics stated in the offer, the reasonable requirements for good quality and/or usability, and the legal provisions and/or government regulations prevailing on the date of the conclusion of the contract.
2. The rights and claims that the consumer can invoke against IISG in relation to a failure to fulfil the obligations of IISG on the basis of the law and/or the distance contract, remain unchanged regardless of an arrangement offered as a guarantee by IISG, the manufacturer, or the importer.
Article 11 – Delivery and execution
1. IISG shall exercise the greatest possible care when processing and executing orders for products and/or services.
2. The address that the consumer has provided to IISG must be used as the place of delivery.
3. IISG shall (in accordance with that which is stated in this respect in these general conditions) execute accepted orders as soon as possible and, at the latest, within 30 days, unless a longer delivery period has been agreed. In the unlikely event of the delivery being delayed due to the inability or partial inability to execute it, the consumer shall be notified of this, at the latest, one month after the order has been placed. In that event, the consumer has (in accordance with that stated in these conditions) the right to cancel the contract with no costs being incurred and the right to claim any compensation.
4. In the event of cancellation in accordance with the previous paragraph of this Article, ISG shall repay the amount that the consumer has paid as soon as possible and, at the latest, within 30 days after cancellation.
5. If the delivery of an ordered product turns out to be impossible, IISG shall make every effort to make a replacement article available. At the latest, upon delivery, it shall be clearly stated in an understandable manner that a replacement article is being delivered. If the consumer does not accept the replacement article, the costs for return shipment shall be charged to IISG.
6. IISG shall be responsible for the risk of damaged and/or missing products until the moment of delivery to the consumer, unless expressly agreed otherwise.
Article 12 – Contract for an indefinite/fixed period
1. A contract that is concluded for an indefinite period, can be terminated by the consumer at any time, whilst observing the termination stipulations agreed for this, and a termination period of a maximum of one month.
2. A contract that is concluded for a fixed period, has a maximum term of two years. If it has been agreed with IISG that unless otherwise indicated by the consumer, the distance contract shall be tacitly renewed, a contract for an indefinite period shall be used and the notice period after prolongation of the contract shall be a maximum of one month.
Article 13 – (Advance) payments
1. Each amount to be paid by the consumer must be paid in advance in accordance with the method agreed by the parties.
2. The consumer cannot invoke any right in relation to the execution of the relevant order or service until IISG has received the agreed advance payment.
3. The consumer undertakes to immediately report inaccuracies in the supplied or stated payment details to IISG.
4. If the consumer is in default of payment, IISG is entitled, subject to any legal constraints, to charge reasonable costs that have been notified to the consumer beforehand.
Article 14 – Complaints procedure
1. IISG shall adequately announce a complaints procedure, and shall deal with each complaint in accordance with this complaints procedure.
2. After the consumer has detected one or more shortcomings, the consumer must submit complaints to IISG as soon as possible, together with a comprehensive and clear description of the complaint.
3. Complaints submitted to IISG shall normally be answered within a period of 14 days, calculated from the date of reception, unless additional time is required to process the compliant. If additional time is required to process a complaint, IISG shall inform the consumer within a period of 14 days about when the consumer can expect to receive a more detailed answer.
Article 15 – Codes of conduct
IISG agrees to consult the code of conduct for the use of personal data in scientific research by electronic means via www.knaw.nl/nl/actueel/publicaties/gedragscode-voor-gebruik-van-persoonsgegevens-in-wetenschappelijk-onderzoek/@@download/pdf_file/20031019.pdf.
Article 16 – Additional or deviating conditions
IISG shall ensure that additional conditions or conditions that deviate from these general conditions are not to the detriment of the consumer and are stipulated in writing or are available in such a way that they are accessible and can be saved by the consumer on a durable data carrier. If one or more provisions of these conditions are not, or are not entirely applicable, the other provisions shall remain unaffected.
Article 17 – Amendments to the general conditions
Amendments to these conditions only come into effect after they have been published by any appropriate means, with it being understood that in the event of applicable amendments being made during the term of an offer, the provision that is most favourable for the consumer shall take precedence.
Article 18 – Dispute settlement
Only Dutch law is applicable to contracts between IISG and the consumer to which these general conditions relate.
At the latest, three months after the dispute has arisen over the concluding or execution of contracts relating to products and services that are to be or have been delivered by IISG, disputes must, after it has become evident that the parties cannot mutually resolve the dispute via the complaints procedure, be submitted to the competent court in Amsterdam.