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Terms of sale

TERMS OF SALE

of Montessori-Pierson Publishing Company CV. The Terms of Sale, as mentioned below, describe your rights and obligations, as well as those of Montessori-Pierson Publishing Company. They form an integral part of all the transactions and contracts between you and Montessori-Pierson Publishing Company.


1) DEFINITIONS.
·  Montessori-Pierson Publishing Company: the company with the trade name Montessori-Pierson Publishing Company has its offices in Laren, The Netherlands and is registered at the Chamber of Commerce under number 34278725.
·  “Receipt” : the receipt, as described in article 3.4 of these terms of sale.
·  “Product” : het product or the products which are delivered or going to be delivered to you as a consequence of a contract of sale between you and Montessori-Pierson Publishing Company, or by way of Montessori-Pierson Publishing Company, with in a certain time, and for which you pay the published price.
·  “Terms” : these terms of sale.


2) APPLICABILITY.

2.1. These terms are applicable on all offers, orders and contracts between you and Montessori-Pierson Publishing Company and to which Montessori-Pierson Publishing Company is a party, and which exclude any other terms of sale.
By using the websites of Montessori-Pierson Publishing Company, you accept the terms as described in these terms of sale.

2.2. One can deviate from these terms of sale only after written consent by Montessori-Pierson Publishing Company, in which case the other articles of these terms of sale stay valid.

2.3 All rights and claims, as mentioned in these terms of sale and in possible other contracts with Montessori-Pierson Publishing Company, are also applicable to all other third parties engaged by Montessori-Pierson Publishing Company.

2.4. Montessori-Pierson Publishing Company reserves itself the right to change its terms of sale as well as the content of its websites without prior personal notice to its clients, and without the right of the client to any damages. The client has to verify themselves if any changes have occurred in the terms of sale and or the contents of the websites.

2.5. The fact that the client did not receive these terms of sale in their own language, does not mean that these terms of sale are not applicable to him.


3) OFFERS, SALES and AGREEMENTS.

3.1. All products offered by Montessori-Pierson Publishing Company, are described as complete and as sincere as possible. The indicated prices are inclusive of VAT, unless otherwise indicated.

3.2. All products on our websites are offered until the stock is depleted. If a product is temporarily or indefinitely out of stock, we will inform you as soon as possible and you can decide to cancel part or all of the ordered products. Montessori-Pierson Publishing Company can not held liable for damages which are due to products being temporarily or permanently out of stock.

3.3. All offers on the website of Montessori-Pierson Publishing Company are without commitment, till such time that you have received the confirmation as mentioned in article 3.4.

3.4. The agreement of sale between you and Montessori-Pierson Publishing Company materializes when you have received a confirmation of your order.
When Montessori-Pierson Publishing Company receives your order, she will send you the confirmation to your (email) address.

The administration of Montessori-Pierson Publishing Company will apply, except when proved wrong, as proof of your order with Montessori-Pierson Publishing Company and your payment as well as the delivery by Montessori-Pierson Publishing Company. Montessori-Pierson Publishing Company accepts that electronic communication is legal proof and you accept this as well by accepting these terms of sale.

3.5. The receipt mentions at least the following information:
·  The description of the product(s) you have ordered as well as the quantities ordered. 
·  The price(s) of the product(s).
·  The postal and administration costs related to the agreement between you and Montessori-Pierson Publishing Company.
·  Your name, address, delivery address where to the products have to be sent, the billing address, and the method of payment.
·  The invoice number.
·  The e-mail address of Montessori-Pierson Publishing Company.

3.6. Montessori-Pierson Publishing Company keeps the ownership of the delivered products until the full amount of the sale, costs and taxes have been received. Until that time the client is forbidden to lend the product, to pledge the product, to use the product or dispose of the product for any other reasons. In the case of non-payment of the invoice, Montessori-Pierson Publishing Company keeps the right to collect the product(s) wherever they may be, at the cost of the buyer and to keep them until full payment has been received without judicial procedure.
The ownership of the ordered product(s) is transferred to buyer from the moment the product(s) have been delivered and paid for.


4) TRANSPORT and TRANSPORT COSTS.

4.1. The transport costs are shown in your order and are automatically added to your receipt and invoice.

4.2. The risk of the product during transport of the product(s) ordered by you is for the account of Montessori-Pierson Publishing Company. At the moment of delivery of the product(s) the risk of the product(s) is transferred to you, except for the liabilities which lawfully can not be excluded by Montessori-Pierson Publishing Company.
Montessori-Pierson Publishing Company is not liable for material damages and or other damages, of whatever nature, which a client or third party can incur due to the transport, the delivery, or the use of the delivered product(s).


5) DELIVERY TIME.

5.1. Most of the products will be despatched within 5 working days and delivered at your delivery address between 1 and 10 working days depending on the location of the delivery address. The maximum delivery time of the product(s) is 30 days.

5.2. When the maximum delivery time has elapsed, for what ever reason, Montessori-Pierson Publishing Company will inform you immediately in writing (letter or e-mail). In this case you are allowed to cancel the agreement with Montessori-Pierson Publishing Company, by writing Montessori-Pierson Publishing Company, without the right to any claims of damages.

5.3. If you have already paid for the order as mentioned in article 5.2. and you have cancelled the agreement in writing, Montessori-Pierson Publishing Company will refund the payment made within 10 working days after the written statement as mentioned in article 5.2. has been received.


6) CANCELLATION RIGHT.

6.1. In light of Directive 97/7/EG of the European Parliament of 20 may 1997 regarding the protection of consumers for sales at a distance, the consumer has the right to write Montessori-Pierson Publishing Company that he wishes to cancel the sale, without damages and without a reason within seven working days after delivery of the product(s).

6.2. The right, as mentioned in article 6.1. of these terms, is only effective on the condition that the buyer has informed Montessori-Pierson Publishing Company in writing, and the product(s) are still in its original packaging, were not used and can be used for resale. If the client wishes to exercise this right, the client must return the Product(s) for their own risk and cost to Montessori-Pierson Publishing Company.

6.3. Montessori-Pierson Publishing Company has the right to refuse the returned product(s) in part or in full or only to credit part of the paid amount if the product(s) have been opened, used or has been damaged by your fault.

6.4. If you have already paid for the product(s) delivered at the moment that you cancelled the order according to articles 6.1. and 6.2. of these terms, Montessori-Pierson Publishing Company will refund the paid amount within 10 working days after having received the retuned product(s). The amount refunded will be the amount of the product(s) without the postal charges.

6.5. In this article 6 “consumers” are meant: all natural persons or legal persons. This clause regarding the cancellation rights is not applicable to natural persons or legal persons who use the product(s) of Montessori-Pierson Publishing Company for professional use.

6.6. The cancellation right does not apply to customized products.

6.7. The consumer loses its cancellation right if the product is not in stock.


7) PAYMENTS.

7.1. All payments should be done in advance without rebate or compensation.

7.2. When payments are over due, you are liable for an interest of 1% per month or part there of over the amount due. If payment is done after a reminder by Montessori-Pierson Publishing Company, you are liable to an additional amount of € 7,50 (seven euro and fifty cents) administration fee.

7.3. If no payments are received after the reminder Montessori-Pierson Publishing Company will take legal action to collect the amount due. All costs, legal as well as non-legal, which Montessori-Pierson Publishing Company incurs to effectuate her rights, will be charged to you. These costs will be at least 15% of the amount due with a minimum amount of € 100,-. 

7.4. If you do not pay the amount due, Montessori-Pierson Publishing Company is entitled to cancel the order (agreement).

7.5 Montessori-Pierson Publishing Company keeps the ownership of the delivered products until the full amount of the sale, costs and taxes have been received. Until that time the client is forbidden to lend the product, to pledge the product, to use the product or dispose of the product for any other reasons. In the case of non-payment of the invoice, Montessori-Pierson Publishing Company keeps the right to collect the product(s) wherever they may be, at the cost of the buyer and to keep them until full payment has been received without judicial procedure.
The ownership of the ordered product(s) is transferred to buyer from the moment the product(s) have been delivered and paid for.


8) GUARANTEE.

8.1. Damages to the product delivered by Montessori-Pierson Publishing Company should be reported at the time of receipt and confirmed in writing.

8.2. If the product that you received from Montessori-Pierson Publishing Company is not the product you ordered, you should report this to Montessori-Pierson Publishing Company at the time of receipt and confirm it in writing. After receipt of confirmation by Montessori-Pierson Publishing Company you should return the product immediately by post at the cost for Montessori-Pierson Publishing Company. You can indicate to Montessori-Pierson Publishing Company if you wish to be credited for the paid amount or if you wish to receive the ordered product(s) after all at no additional cost unless the paid amount amounts to more or less than paid for in which case the difference will be credited or debited to your account.

8.3. Montessori-Pierson Publishing Company limits her guarantee to the value of the product(s) delivered. This guarantee does not limit the rights you might have by law or from these terms.

8.4 If you ask Montessori-Pierson Publishing Company to replace the damaged product(s) or the wrongly sent product(s) which fall under this guarantee, you should return the product immediately by post. The costs of returning and replacing the product(s) which fall under this guarantee, are for the account of Montessori-Pierson Publishing Company, unless it is plausible that the lack of (or part of) the product(s) ordered or damages to the product(s) is due to your own fault. In this case Montessori-Pierson Publishing Company will not be liable for the lack of (or part of) the product(s) ordered or damages to the product(s). ‘Montessori-Pierson Publishing Company’ will in this case return the product(s) in the same condition as he has received them from you.


9) HYPERLINKS.

9.1. Montessori-Pierson Publishing Company here by informs its clients that her site ‘links’ of ‘hyperlinks’ with other sites. The client accepts that Montessori-Pierson Publishing Company is not liable for the content of these sites nor for the product(s) available on these sites.


10) COMPLAINTS.

10.1. All complaints regarding the delivery, quality and state of the product(s) should be reported to Montessori-Pierson Publishing Company. At the following address:

Montessori-Pierson Publishing Company
Koloniepad 6, 1251 AJ, Laren, The Netherlands.
Telephone: 0031355445782
info@montessori-pierson.com

10.2. Montessori-Pierson Publishing Company will try to remedy your complaint within 15 days after receipt of your complaint. Montessori-Pierson Publishing Company will report to you in writing either by, letter, or e-mail.


11) APPLICABLE LAW.

11.1. This Agreement shall be governed by and interpreted in all respects in accordance with the Law of the Netherlands. Any dispute arising out of the execution or interpretation of this agreement shall be submitted to the court in Amsterdam, the Netherlands.

Laren , December 2007