Terms, Conditions & Privacy Policy

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Introduction

Barbara De Roos Publications (the “COMPANY”) welcomes you to www.barbaraderoos.com (the “Website”)

BY VISITING THE WEBSITE, YOU ARE CONSENTING TO THE FOLLOWING TERMS OF USE. THERE ARE PROVISIONS BELOW CONSTITUTING A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE READ ALL INFORMATION CAREFULLY.

In these terms and conditions, “We/us/our/” means Barbara de Roos Publications. The “Website” means the website located at www.barbaraderoos.com (or any subsequent URL which may replace it). “You/your” means you as a user of the Website.

These Terms & Conditions constitute an Agreement. If you do not agree to any of the terms contained herein, then please do not use or access the Website.

Access to Content

Any user who voluntarily signs up for more information or who purchases a product, service or program through the Website, is agreeing to both the terms of this Agreement and the accompanying Terms and Conditions of Purchase where applicable with respect to such product, service or program.

Visitors are those who visit the Website but do not register with us. No login or personal information is required of our Visitors, who can view all publicly available Website content.

Registered Users can access all publicly available content on the Website, and upon registration for the free short stories, may also gain access to exclusive Website content. The Company is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, the Company may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use, or the Terms of Use for any particular service, product or program.

Intellectual Property and Restrictions on Use

The Website contains text, graphics, logos, images, video or audio files, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content includes the specific arrangement, or design, of ALL Content. The Company retains all right, title and interest, including all intellectual property rights, in and to the Content, except where the Company is using and/or hosting third-party content subject to a license governing such use. You must retain all copyright and other proprietary notices contained in the original Content. You agree not to duplicate, imitate, copy, reproduce, transmit, publish, display, distribute, sell, transfer, assign, license, sublicense, publicly perform, commercially exploit or create derivative works of any written material and content, nor to help or assist third parties in doing the same.

You are prohibited from posting any duplicated portion of the Content in either print or digital format, including on any other website, social media page, or in a networked computer environment unless you obtain prior written consent from The Company. If you desire to reference brief quotes or portions of the material in a favorable way, you may do so by appropriately providing credit and a link back to the Website or point of origin. Additionally, you may do so by emailing the Company at bderoos (at) xs4all (dot) com and providing the Company with a link to the material that you have quoted or referenced elsewhere. You may similarly reference the Website, the Seek the Unseekable book, the blog and the (opt-in page for the) short stories of Barbara De Roos by providing appropriate credit and a link back.

However, the above exceptions aside, the Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits anyone.

You agree not to use the Website in a way that may cause interruption, or damage, or impact its efficiency or functionality.

You agree not to attempt any unauthorized access to any page or portion of the Website. You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations.

In the event that you have any right, claim or action against any User arising out of that User’s use of the Website, you agree to pursue such right, claim or action independently of and without recourse to us.

Submissions and User-generated Content

There may be portions of the Website that allow for the posting of reviews, comments, photographs or other content (“User-Generated Content”). You may submit such content via the Website so long as it is not threatening, objectionable, illegal, obscene, defamatory (to us or anyone else), invasive of privacy or intellectual property rights, or otherwise injurious to us or third parties. Any content you submit will not be subject to any expectation of privacy, trust, or confidence between us and no confidential, fiduciary or other relationship is intended or created between you and us. You agree that we may use the Content that you submit for future advertising or other reasonable commercial purposes, subject to obtaining prior permission from you. This includes rights to use the name that you submit, along with any other name by which you are known, in connection with the User-Generated Content.

You are responsible for any and all content that you upload, submit, post, email or otherwise transmit via the Website(s). By submitting any User-Generated Content, you represent that you own, have full rights to or otherwise control the information that you submit or send to us, that such submission is accurate and truthful and does not violate any terms of this Agreement (including the terms of our Privacy Policy). You agree to indemnify us, our affiliates and representatives from and against any and all losses, liabilities, claims, or damages suffered or incurred by us arising out of or relating to your content. We have the right, but not the obligation, to review and remove any activity or content involving you or your posts. We assume no responsibility and have no liability for any User Generated Content created or posted by you or anyone else.

Each time that you access the Website or create or submit User-Generated Content, you agree to, ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.

Content Linked to the Website

You assume all of the risk, responsibilities and consequences resulting from your use of or access to third-party websites. You agree that we are not responsible for the content, availability of, or offerings on any third-party websites, and will not be liable, directly or indirectly for any damages, losses or claims related to your use, access of, or reliance on the content, goods or services available on other sites, including those of affiliates, joint-venture partners, or others to whom we might provide links from time to time.

Changes to the Website

We reserve the right to alter or remove, temporarily or permanently, the Website (or any part of it) without providing notice. You agree that we shall not be liable to you or any third party for any changes to or removal of the Website. We will not be liable to you, nor will you be entitled to compensation because you cannot use any part of the Website or because of a failure, suspension or removal of all or any portion of the Website.

We may modify these terms and conditions at any time, and your use of the Website (or any part of it), following such change shall constitute your acceptance of the modified terms and conditions. It is your responsibility to regularly review the Terms of Use to remain updated on any changes. If at any point you do not agree to any portion of the Terms of Use, then you must stop accessing the Website and terminate your use and account, if applicable, immediately.

Indemnification

You agree to fully indemnify, defend and hold us (including our agents, representatives, and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, damages, liability, losses, costs and expenses, including, without limitation settlement costs and attorney’s fees or other expenses, incurred by us and arising out of, or in connection with or related to any breach of these terms and conditions, or any use by you of the Website or Services, or the use by any other person accessing the Website using your password, personal computer or other electronic device, or internet access account. You shall cooperate with us in the defense of any claim including provide us with assistance, without charge, in connection with any such defense, including, without limitation, providing us with information, documents, records, and reasonable access to you as we may request. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK.

THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS.” WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE.

THE WEBSITE AND ANY INFORMATION CONTAINED HEREIN ARE NOT SUBSTITUTES FOR PROFESSIONAL OR MEDICAL ADVICE. YOU ARE SOLELY RESPONSIBLE FOR ANY OUTCOME OR ACTION FOLLOWING THE USE OR IMPLEMENTATION OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR SEEKING AND FOLLOWING THE ADVICE OF PROFESSIONALS FOR SPECIFIC CONCERNS, QUESTIONS OR SITUATIONS REQUIRING PROFESSIONAL OR MEDICAL ADVICE. YOU SHOULD NEVER DISREGARD THE ADVICE OF A PROFESSIONAL OR SPECIALIST, SUCH AS A LICENSED PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTH PROFESSIONAL OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU HEREBY RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS, KNOWN OR UNKNOWN, AND YOU AGREE TO VOLUNTARILY GIVE UP AND FOREVER WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE SUFFERED, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM YOUR USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS HEREIN; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL LIABILITY FOR ANY CAUSE, LOSS, OR DAMAGE WHATSOEVER THAT YOU MAY INCUR INCLUDING ATTORNEY FEES AND COSTS, AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU FOR SERVICES OR INFORMATION CONTAINED ON THE WEBSITE OR $100 (ONE HUNDRED DOLLAR).

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY LOSSES OR DAMAGES OF ANY NATURE WHATSOEVER INCURRED OR SUFFERED BY YOU OR ANY THIRD PARTY RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, NATURAL DISASTERS, CIVIL DISORDER, ELECTRONIC OR TECHNICAL FAILURES, POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, OR LABOR OR MATERIAL SHORTAGES, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. WE SHALL NOT BE RESPONSIBLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE DURING YOUR USE OF TRANSACTIONS THROUGH THE WEBSITE.

THIS DISCLAIMER, AND THE LIMITATIONS AND EXCLUSIONS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

WHERE CERTAIN STATE LAWS DO NOT ALLOW CERTAIN OF THE EXCLUSIONS, LIMITATIONS, OR DISCLAIMERS OF LIABILITY SET FORTH IN THESE TERMS OF USE, SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

Electronic Communication

When you visit our Website or send email correspondence, you are communicating electronically. Via your use of the Website, you consent to receive communications from us electronically. We will post notices or other important information on the Website and/or send it via email. You agree that any information, notices, agreements, disclosures, updates, terms & conditions and other communications that we provide electronically through our website or via email satisfy any legal requirement that such communications be in writing.

Purchases Through Webshop

Any contract for purchases made through the Website will be with the Company (Barbara de Roos Publications) whose registered office is situated at 8 Ferdinand Bollaan, 1412 HR Naarden, The Netherlands with company registration number 55159133.

The Company must receive payment of the whole of the price for the goods that you order before your order can be processed. Payment of the advertised price will be taken at the point of order. Charging your payment method does not mean that an order has been accepted by the Company. Once payment has been processed, the Company will confirm that your order has been received by sending an email to you at the email address you provide. The email will include your name, the order number and the total price charged. The acceptance of your order (which will happen when the Company dispatches your order) brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.

The Company will not process any orders in the case of errors or inaccuracies regarding the goods (including the advertised price of the goods) appearing on our website. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered, we will contact you as soon as possible by email and reserve the right to cancel your order.

Cancellation

If you are an individual and are not buying goods on behalf of a business, you can cancel your order without giving any reason within 14 days from the day on which you receive your items (or the last item if they were shipped separately). You must notify us of your cancellation. You can notify us by sending a mail to bderoos@xs4all.nl with “Cancellation Order Barbaraderoos.com” in the subject line.

You will be responsible for the cost of returning the item to us, unless we delivered it to you in error or it is faulty. You must send the item back to us no later than 14 days from the day on which you notified us of your cancellation, by following the instructions we send you.

We will refund the price of the item no later than 14 days from the day on which we receive the item back from you or, if earlier, the day on which you provide evidence reasonably acceptable to us that you have sent the item back. We’ll refund the same means of payment as you used to make your purchase.

Availability of Goods

If the Company has insufficient stock to deliver the goods ordered by you, or cannot obtain the stock from our suppliers, we will notify you as soon as possible and any sum debited by the Company from your payment method will be credited to your account and the Company will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. The Company will not be obliged to offer any additional compensation or to supply the goods in this situation. Please note: we endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our website as quickly as we can to minimize disappointment. The process of updating the Website when goods have sold out at promotional price may take a few hours. Please note that the price the goods are offered for are as displayed in your online basket, but that is subject to the rest of these terms.

Delivery of Goods To You

The Company will post, or arrange a courier on your behalf, for the goods ordered by you to the person and address you give to the Company at the time you make your order. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of dispatch of the order. All delivery times quoted on the Website or by email are estimates only, based on availability, normal processing and delivery companies. You will become the owner of the goods you have ordered when the goods are dispatched to you from our distribution centre.

Value Added Tax (VAT)

All prices displayed on the Website are inclusive of your local Tax (or applicable local sales tax, VAT and similar taxes). Your final price may be different depending upon the tax that applies to your delivery location. Where the Company applies a different tax rate based on the destination of the goods, this will be declared in the checkout.

When ordering goods from the Company for delivery overseas, you may be subject to import duties and taxes that are levied once the package reaches your country. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be.

Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from the Company, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.

Liability

If the goods the Company delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, the Company shall have no liability to you unless you notify the Company in writing at the Company’s contact address of the problem within ten working days of the delivery of goods in question.

If you do not receive goods ordered by you within 30 days of the date on which they were dispatched to you, the Company shall have no liability to you unless you notify the Company in writing at the Company’s contact address of the problem within 40 days of the date on which the goods were dispatched to you.

If you notify a problem to the Company under this condition, the Company’s only obligation will be, at its option, to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case the Company’s e-coupons will be issued to the value of the refund due.

The Company will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to the Company under this condition and the Company shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.

Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit The Company’s liability to you for any death or personal injury resulting from its negligence.

Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.

Force Majeure

The Company shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

Invalidity

If any part of these conditions is unenforceable (including any provision in which the Company excludes its liability to you) the enforceability of any other part of these conditions will not be affected.

Complaints

The Company operates a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact the Customer Service department at the following address:

Customer Service, Barbara de Roos Publications, Ferdinand Bollaan 8, 1412 HR Naarden, The Netherlands

Pricing

The Company is engaged in the sale of services worldwide and within the Netherlands. Currently there are no charges to the consumer for the use of the Website, other than the cost of any products, programs or services purchased through the Website, and any applicable fees associated with such purchases. Unless otherwise stated, these charges appear for each purchase on an Order Confirmation page or in an Order Confirmation sent via email to the consumer following their purchase. The Company reserves the right to change pricing related to any products, programs or services offered through the Website at any time. Those changes will be reflected in the terms and conditions accompany the sale, and on the Order page.

Governing Law

The contract between us shall be governed by and interpreted in accordance with Dutch law, and the Dutch courts shall have jurisdiction to resolve any disputes between us. The European Commission provides for an online dispute resolution platform, which you can access here: http://ec.europa.eu/consumers/odr/. If you would like to bring a matter to our attention, please email us at bderoos@xs4all.nl

Class Action Waiver

You agree that any legal claims or proceeding shall be limited to the Dispute between us and you, individually. You agree, where permitted by law, that (i) no arbitration or legal proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT IN THE EVENT THAT ANY CLAIMS ARISE BETWEEN US AND YOU PURSUE THOSE CLAIMS, YOU WILL ONLY DO SO IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 

Entire Agreement

These Terms and Conditions and any other policies or documents referred to herein (as amended from time to time) constitute the entire Agreement between us relating to the Website and any matter covered and any and all prior agreements, understandings and representations, whether express or implied, written or oral, are hereby terminated and are of no further force and effect.

Miscellaneous Legal Provisions

No waiver of any of the provisions herein by the Company shall constitute a waiver of any other provisions, nor shall any waiver constitute a continuing waiver.

The subject headings in this Agreement are provided for convenience only and shall not alter the construction or interpretation of any of its terms or provisions.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

 

Privacy Policy

Out Privacy Policy is sweet and short. The name and address you leave if you order a product will only be used for shipment purposes. No paper record will be kept of these data and the digital data will be deleted after delivery of the goods.

Only the opt-in list of people who have willingly subscribed to this list will be used to send the subscribers a company mail with a link to free, short stories of Barbara De Roos to their email address. It’s always possible to unsubscribe to this list through a link provided in the mail. If you have lost this mail, you can mail a request to  bderoos@xs4all.nl to be unsubscribed to this list. Please put the word UNSUBCRIBE somewhere in the heading of your mail to make it easier for us. We will not sell or rent this list to anyone else. The list is only accessible to Barbara De Roos, her administrator(s) and people working in assignment for Barbara de Roos Publications. No paper copy of the list will be made, so it will be accessible only in a secure environment.

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