Terms for use of bookshop
Conditions
All orders are accepted by 49×14 Events (49×14) subject to and in accordance with the following conditions of sale which override and exclude any other terms stipulated or incorporated or referred to by the customer during any negotiations or in any course of dealing between 49×14 and the customer. No variation to these conditions of sale are permitted unless expressly authorised in writing by a director of the company.
All products and content in 49×14 marketing materials and on the 49×14 related website are invitations to treat only and are not offers. An order placed by a customer using such advertised information is considered as an offer to purchase goods from 49×14. No contract will subsist between the customer and 49×14 for the sale of products by 49×14 to the customer until the order has been dispatched. To the full extent permitted at law, 49×14 provides marketing materials, and this website and its contents on an ’as is’ basis and makes no representations or warranties of any kind with respect to the information herein or its products and contents described. 49×14 disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose.
Prices
Prices for goods on sale on the 49×14 related website are specified in Euros (€).
49×14 reserves the right to change prices without notice at any time. Prices charged will be those prevailing when an order is paid. If the price increases from that advertised on the 49×14 website or within marketing materials, 49×14 will take reasonable endeavours to contact the customer to verify that the goods are still wanted.
VAT
All prices are quoted including of VAT. VAT is charged where appropriate to the goods.
All customers will be charged VAT, unless they quote a VAT number on ordering or have a status which avoids VAT. Customers need to alert 49×14 of such a status at the time of ordering.
For this specific bookshop the goods will be delivered onsite at the Science & Cycling Conference in Caen, France. Therefor French VAT will apply. 49×14 VAT Registered in France under number FR 74815176607
Payment
Pre-payment is due in all cases for consumer orders. Credit orders cannot be processed on this website. For credit orders, customers should contact 49×14 directly under email info@49×14.nl to ensure correct terms and discount, where applicable, are applied.
Credit Payments
All goods supplied on a credit basis, shall remain the sole and absolute property of 49×14 as legal and equitable owner until such time as the customer shall have paid 49×14 the agreed price on the invoice raised in relation to these goods. The customer’s right to possession of the goods shall cease if he, not being a company, fails to comply with a statutory demand or if he, being a company, does anything or fails to do anything which would entitle a receiver to take possession of any assets or which would entitle any person to present a petition for winding up. HK may for the purpose of recovery of its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess the same. It will be assumed that where the buyer purchases similar goods from the company on a regular basis that a stock rotation system has operated, and goods still held relate to invoices still outstanding for which full payment has not been made.
Interest Charges on Late Payments
When the customer does not complete payment within the agreed credit period, the customer shall pay interest at the rate of 1% per month or part month on the outstanding balance until payment is received in full.
Orders
49×14 reserves the right to decline to trade with any company or person. Official orders from local authorities, schools, universities, hospitals and other institutions will only be accepted via the fax or post. Please do not send faxed copies of official orders in addition to actual orders through the post as this risks the order being duplicated.
Delivery
Orders will be despatched to the customer on location of the related event. 49×14 reserves the right to deliver by instalments should any products be out of stock, although the customer will be informed in such an event. The customer will also be informed should any of their products be out of stock and the customer has the right to cancel the order at any time.
Inspection, defects and non-delivery
The customer must inspect the goods as soon as is reasonably practicable after delivery and 49×14 shall not be liable for any defect in the goods unless written notice is given to the company within thirty (30) days of delivery. Any liability of HK for non-delivery or defective goods shall be limited to replacing the goods within a reasonable time or to refund any monies already paid in respect of the goods.
Returns
Goods may be returned within thirty (30) days of delivery for a full refund. To cancel an order, the customer must notify 49×14 in writing within the thirty day period. 49×14 will refund to the customer the invoice value of the goods. The customer shall be liable for the postage costs to return the goods to 49×14 (goods should be returned with proof of posting). The customer must take reasonable care of the goods and return them in their original packaging. Unwanted, but opened products, without a fault will not warrant a refund.
Description
All specifications, drawings and particulars of dimensions or other details contained in 49×14’ marketing materials are intended to give a general idea of the goods, but will not form part of the contract. 49×14 shall take all reasonable steps to ensure the accuracy of technical details relating to goods, but accepts no liability in contract or tort or under statute or otherwise for any error or omission in such technical detail whether caused by 49×14’s negligence or otherwise. 49×14 may make changes to the goods as part of a continuous programme of improvement.
Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of 49×14 in writing, HK accepts no liability for any failure of the goods to obtain such figures, whether attributable to 49×14’s negligence or otherwise. The responsibility for ensuring that goods are sufficient and suitable for a particular purpose is the customer’s unless specifically stated in writing by a director of 49×14. Any advice or recommendation given by an employee of 49×14 which is not confirmed in writing by a director of 49×14 is acted on entirely at the customer’s risk and 49×14 shall not be liable for any such advice or recommendation which is not so confirmed.
Liability
49×14 shall not be liable for any damage, loss or expense resulting from the failure to give advice or information or the giving of incorrect advice or information whether or not due to the negligence of 49×14, its employees, agents or subcontractors. These conditions of sale set out the entire liability of 49×14 to the customer in respect of the goods and shall be in lieu and to the exclusion of all other warranties, conditions, and other terms implied by statute or common law save for any implied terms which by law cannot be excluded. Nothing in these conditions of sale excludes or limits the liability of 49×14 for death or personal injury caused by 49×14’s negligence or fraudulent misrepresentation. 49×14’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise shall be limited to repairing, replacing or at 49×14’s option refunding monies already paid in respect of the goods. HK shall not be liable to the customer for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise) costs, expenses or other claims for consequential compensation whatsoever (whether caused by the negligence of 49×14, its employees, agents or subcontractors) which arise out of or in connection with any contract.
Personal Data
“Personal Data” means, data relating to any customer, enquirer, or any representative of a customer who is (in any case) a living individual. Personal Data is any data from which (whether alone or in combination with other information held by 49×14) 49×14 can identify that customer or representative, regardless of how and when that data is provided. By accepting these terms and conditions, the customer or representative hereby agrees that 49×14 may process Personal Data for the following purposes from time to time:
- 49×14 deciding whether to enter into any contract or agreement with that customer. This may include credit reference searches, against a customer or the principal representatives of a customer;
- Direct Marketing of 49×14’s products and services, and that of carefully selected third parties whose products and services 49×14 believes may be of interest to the customer. The customer is given the opportunity to expressly opt-out of this purpose, on ordering, on all future marketing activity and at any time in the future by contacting 49×14 at info@49×14.nl;
- Crime prevention or detection.
49×14 assumes that it may use Personal Data for all these purposes unless and until notified to the contrary.
Force majeure
49×14 shall not be liable to the customer in any manner or be deemed to be in breach of these conditions of sale because of any delay in performing or any failure to perform any of 49×14’s obligations under these conditions of sale if the delay or failure was due to any cause beyond 49×14’s reasonable control (which shall include, but not be limited to government actions, war, fire, terrorism, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of goods or labour). HK may, at its option, delay the performance of, or cancel the whole or any part of a contract.
Legal construction
All contracts shall be governed by and interpreted in accordance with Dutch law and the customer submits to the jurisdiction of the Dutch Courts, but 49×14 may enforce such contract in any court of competent jurisdiction.
General
Any provision of these conditions of sale which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these conditions of sale and the remainder of such provision shall not be affected.
Failure by 49×14 to enforce or partially enforce any provision of these conditions of sale will not be constrained as a waiver of any rights under these conditions of sale. 49×14 reserves the right to modify these terms at any time without prior notice. Any modification of these terms will be deemed to be effective from the date and time of posting on HK’s website or published within HK’s marketing and publicity materials.
These Terms and Conditions were last updated March 31, 2016.