(X=Y) Art & Design Magazine

General Terms and Conditions

Definitions
1. (X=Y): established in Haarlem and registered with the Chamber of Commerce under registration number 34361781 acting under the name (X=Y).
2. Website: the website of (X=Y), which can be consulted via www.x-is-y.com and all associated subdomains.
3. Customer: the natural person not acting in the exercise of a profession or business who enters into an Agreement with (X=Y).
4. Agreement: every agreement or agreement between (X=Y) and Customer, of which agreement the General Conditions form an integral part.
5. General Terms and Conditions: these General Terms and Conditions.

Applicability of the General Terms and Conditions
1. The General Terms and Conditions apply to all offers, agreements and deliveries of (X=Y), unless explicitly agreed otherwise in writing.
2. If the Client includes provisions or conditions in his order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these will only be binding for (X=Y) if and insofar as these have been (X=Y) have been accepted explicitly in writing.
3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, these terms and conditions also apply, but in the event of conflicting conditions, the Customer may always invoke the applicable provision that is most favorable to him.

Prices and information
1. All prices stated on the Website and in other materials originating from (X=Y) include VAT and other levies imposed by the government.
2. If shipping costs are charged, this will be clearly stated in time for the conclusion of the Agreement. In addition, these costs will be shown separately in the ordering process.
3. The content of the Website has been compiled with the utmost care. (X=Y) can not guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials originating from (X=Y) are therefore subject to apparent programming and typing errors.
4. (X=Y) can not be held responsible for (color) deviations due to screen quality.

Establishment Agreement
1. The Agreement is concluded at the moment of acceptance by the Customer of the offer of (X=Y) and the fulfillment of the conditions set by (X=Y).
2. If the Customer has accepted the offer electronically, (X=Y) will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
3. If it appears that incorrect data have been provided by Customer when accepting or otherwise entering into the Agreement, (X=Y) has the right to comply with its obligation only after the correct data has been received.
4. (X=Y) has the right to refuse orders from customers who act in the exercise of their profession or business.

Implementation Agreement
1. As soon as the order has been received by (X=Y), (X=Y) will send the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
2. (X=Y) is entitled to engage third parties in the performance of the obligations arising from the Agreement.
3. The delivery period is in principle 30 days. The method of delivery can take place in different ways and is at the option of (X=Y).
4. If (X=Y) is unable to deliver the products within the agreed term, it will inform the Customer thereof. In that case, the Customer can agree to a new delivery date or he will have the option to dissolve the Agreement free of charge.
5. (X=Y) advises the Customer to inspect the delivered products and to report the defects found within 24 hours, preferably by email or by telephone.
6. Once the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, is transferred to the Customer. If explicitly agreed otherwise, the risk will pass to Customer earlier.
7. (X=Y) is entitled to deliver a similar product of a similar quality to the ordered product, if the ordered is no longer available. The customer is then entitled to terminate the agreement free of charge and to return the product.

Right of withdrawal
1. The Customer has the right to dissolve the distance contract with (X=Y) within 7 calendar days after receipt of the product, without giving reasons, free of charge. The term commences on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product.
2. The customer must bear the return costs himself.
3. Within the withdrawal period referred to in paragraph 1, Customer will handle the product and the packaging with care. The Customer will only open the packaging and only use the product to the extent that this is necessary to verify the nature, characteristics and functioning of products. The starting point here is that this inspection may not go further than that Customer could in a physical store.
4. The Customer is only liable for the value reduction of the product that is the result of a way of handling the product that goes further than allowed in the previous paragraph.
5. The Customer can dissolve the Agreement in accordance with paragraph 1 of the term set in this Article by passing this on by e-mail to (X=Y). (X=Y) then confirms receipt of that message. After termination, the Customer has 14 days to return the product. Products can be returned to: (X=Y) Van Loghemstraat 2-III, 2033 XP in Haarlem.
6. Amounts already paid by the Client (in advance) will be refunded to the Client as soon as possible, but no later than 14 days after termination of the Agreement, in the same manner as the Client has paid the order.

Payment
1. Customer must pay (X=Y) payments according to the payment methods specified in the ordering procedure and possibly on the Website. (X=Y) is free in the choice of offering payment methods and these can also change from time to time.

Final provisions
1. Dutch law applies to the Agreement.
2. Insofar as mandatory rules do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where (X=Y) is established.
3. If a provision in these Terms and Conditions proves to be invalid, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision (s) to replace them, whereby the intention of the original provision is given shape as far as legally possible.