General Terms and Conditions Webshop Process Communication Netherlands – 24/3/2023

Process Communication Nederland, Bos en Lommerplantsoen 1A, 1055AA Amsterdam, The Netherlands

T (061) 899-8310
E info@pcmnederland.nl
CoC 76229130
VAT number NL-860553462B01

Article 1 – Definitions

  1. In these Terms and Conditions, the following is understood to mean:
Offer :All products offered by PCN;
Customer :The counterparty of PCN, the client, acting in the exercise of his or her business;
Agreement :The Distance Agreement between PCN and the Customer, which is concluded after acceptance of the Offer by the Customer;
PCN :The contractor, Process Communication Nederland;
Privacy Statement :A separate statement regarding the processing of personal data by PCN, which can be found at https://processcommunicationmodel.nl/nl/privacy-terms;
Products :All products, including books, games, training and coaching materials, and promotional materials offered by PCN online, i.e. electronically, on the Website in physical or downloadable form;
Conditions:The present general terms and conditions; and
Website:The website www.pcmnederland.nl/winkel/ on which the Customer can order the Products and on which all information regarding the Products is listed, as well as these Terms and Conditions.

2. Words in the singular also include the plural and vice versa, and words referring to one gender also include the other gender.

Article 2 – Applicability

  1. These Terms and Conditions apply to the Offer and the Agreement.
  2. During the Product ordering process, PCN will make it clear to the Customer that the Terms and Conditions apply to the Agreement. PCN will include a link to the location of the Terms and Conditions so that the Terms and Conditions can be easily downloaded and saved by the Customer.
  3. If necessary, the Customer may also ask PCN to send the Terms and Conditions free of charge.
  4. PCN reserves the right to amend these Terms and Conditions, and the most recently sent or published version of the Terms and Conditions shall continue to apply to the Agreement.
  5. By accepting the Offer, in other words, by ordering the Products, the Customer agrees to the Terms and Conditions.
  6. The applicability of the Customer's Terms and Conditions is expressly rejected.
  7. The Privacy Statement applies to the Agreement, and by accepting the Offer, the Customer also expressly agrees to the Privacy Statement.

Article 3 – The Offer

  1. Products may have a limited validity period or be subject to special conditions. If this is the case, PCN will clearly indicate this.
  2. The Offer is without obligation and PCN may (temporarily) modify the Offer.
  3. The Offer contains a complete and accurate description of the Products, so that the Customer has a clear picture of the Products, including at least the price; the shipping costs; the method of payment; and the method of shipment.
  4. If images are displayed with the Products, they will provide a good representation of the Products.
  5. If PCN makes a clear, obvious mistake or there is an obvious error in the Offer, PCN shall not be bound by this.

Article 4 – The Agreement

  1. The Agreement is concluded at the moment of acceptance by the Customer of the Offer and compliance with the conditions set forth therein, including the obligation to pay the price of the Products.
  2. Upon acceptance of the Offer and fulfillment of the conditions set forth therein, the Customer will receive an order confirmation from PCN by email, which includes, among other things, the price and a breakdown of the VAT. As long as this email has not been sent by PCN, the Customer may terminate the Agreement.
  3. Each Agreement is executed subject to the suspensive condition of sufficient availability of the relevant Products and subject to the suspensive condition of payment.
  4. Because the Agreement is concluded online, PCN takes appropriate technical and organizational measures to ensure a secure online environment. For more information regarding the processing of personal data, the Privacy Statement can be consulted.
  5. PCN adheres to legal regulations regarding privacy and cookies, based on which no more data is collected than strictly necessary and this data is also not retained longer than strictly necessary.

Article 5 – Right of withdrawal and dissolution

  1. The Customer explicitly waives the right of withdrawal, which means that after acceptance of the Offer, the purchase of the Products is final and the Products can no longer be returned.
  2. If the payment has not gone through properly or if there are no (sufficient) Products available, PCN has the right to terminate the Agreement. If the Customer has already paid, PCN will refund the amount within 14 days.

Article 6 – The price

  1. If PCN needs to change the prices of the Products at any time and/or if PCN applies variable prices, the price shown on the Website shall apply.
  2. All prices on the Website are exclusive of VAT.
  3. All prices on the Website are subject to printing and typesetting errors. PCN cannot be held liable for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, PCN is not obliged to deliver the Products at the incorrect price.

Article 7 – Conformity and warranty

  1. PCN guarantees that the Products comply with the Agreement, the specifications stated in the Offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement.
  2. Any defects or incorrectly delivered Products must be reported to PCN in writing within 2 months of delivery. The Products must be returned in the original packaging and must be in new condition.
  3. The warranty period of PCN corresponds to the manufacturer's warranty period, but PCN is not responsible for the ultimate suitability of the Products for any individual application by the Customer. The Products are intended for normal use.
  4. The warranty does not apply if:
    • the Customer has repaired and/or modified the Products himself or has had them repaired and/or modified by third parties ;
    • the Customer has exposed the Products to abnormal conditions, has otherwise handled the Products carelessly, acted contrary to PCN's instructions, or contrary to the instructions on the packaging of the Products;
    • the defectiveness is wholly or partially the result of regulations that the government has established or will establish regarding the nature or quality of the materials used.

Article 8 – Delivery and execution

  1. PCN does its utmost to act as carefully as possible when receiving and executing orders for Products.
  2. It will be indicated on the Website whether the Products are delivered in online or physical form. In the case of online (downloadable) Products, the Customer's email address will be considered the delivery address, and the moment of sending the Products by email, whether or not via a download link, will be considered the moment of delivery.
  3. PCN will deliver the Products to the address provided by the Customer during the ordering process.
  4. PCN will ship the Products within 3 working days after receipt of payment by the Customer, unless the Customer has agreed to a longer delivery period. In that case, PCN has indicated on the Website that a longer delivery period applies.
  5. Unfortunately, due to busy parcel delivery services or other reasons, delivery of the Products may sometimes take longer; however, this does not constitute grounds for termination of the Agreement or compensation. If such a situation occurs and PCN has been informed thereof, PCN will inform the Customer as soon as possible.
  6. All delivery times are indicative. The Customer cannot derive any rights from any stated delivery times.
  7. If delivery of one or more Products proves impossible, PCN will do its best to make replacement Products available. PCN will also inform the Customer about this as soon as possible.
  8. The risk of damage and/or loss of Products lies with PCN until the moment of delivery to the Customer or a previously designated representative known to PCN, unless expressly agreed otherwise.
  9. PCN is not liable for any damage to the Customer arising from the Agreement, unless the damage was caused intentionally or through gross negligence.
  10. PCN is not liable for damage caused by relying on incorrect or incomplete information provided by or on behalf of the Client.
  11. In the event that PCN owes compensation to the Customer, the damages shall not exceed the costs charged by PCN to the Customer for the performance of the Agreement.

Article 9 – Payment

  1. If the Customer fails to pay (on time), PCN has the right to charge the reasonable costs previously disclosed to the Customer.

Article 10 – Complaints Procedure

  1. If the Customer has a complaint regarding the Products, the Customer must contact PCN in writing as soon as possible, but no later than 2 months after the conclusion of the Agreement or after discovery of the defects. The complaint must be clearly described.
  2. PCN does its best to respond to the complaint as soon as possible, but no later than 4 weeks after receipt of the complaint, and to offer the Customer a suitable solution insofar as this is possible.
  3. A complaint does not suspend PCN's obligations, unless PCN indicates otherwise in writing.
  4. If a complaint is found to be justified by PCN, PCN will, at its discretion, either replace or repair the delivered Products free of charge.

Article 11 – Disputes

  1. The Agreement and these Terms and Conditions, which apply to the Agreement, are governed by Dutch law.
  2. Any disputes arising from the Agreement may therefore be settled exclusively by a Dutch court. Naturally, PCN hopes that, before resorting to legal proceedings, the Customer will first attempt to resolve the dispute together with PCN.
  3. The Vienna Sales Convention does not apply.