Terms and conditions

ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, always capitalized, are used with the following meanings.

  1. Yourlittleblackbook: the user of these general terms and conditions, part of “iannsterdam”, located at Ruyschstraat 43-H, 1091 BS Amsterdam, registered in the Commercial Register under Chamber of Commerce number 56986866.
  2. Consumer: any natural person, not acting in the course of a profession or business, who has entered into or intends to enter into an Agreement with Yourlittleblackbook.
  3. Parties: Yourlittleblackbook and the Consumer together.
  4. Agreement: any agreement concluded between the Parties via the Website within the framework of which Yourlittleblackbook undertakes to deliver Products to the Consumer.
  5. Products: the goods and/or digital content to be delivered by Yourlittleblackbook to the Consumer within the framework of the Agreement, including, but not limited to, e-books, access to custom-made Google Maps, and physical books.
  6. Website: yourlittleblackbook.me.
  7. In writing: communication in writing, communication by e-mail (shop@yourlbb.com), or any other means of communication that, in view of the state of the art and generally accepted practices, can be considered equivalent.

ARTICLE 2. | GENERAL PROVISIONS

  1. These general terms and conditions apply to any offer made by Yourlittleblackbook on the Website and to any Agreement concluded.
  2. The provisions of these general terms and conditions may only be deviated from expressly and in writing. If and to the extent that the provisions of these general terms and conditions differ from what the Parties have expressly agreed in writing, what the Parties have expressly agreed in writing shall prevail.
  3. The invalidity or nullity of one or more provisions of these general terms and conditions or of the Agreement as such shall not affect the validity of the remaining provisions. In such an event, the Parties shall be obliged to consult each other in order to agree on an alternative arrangement regarding the affected provision. In doing so, the purpose and intent of the original provision shall be taken into account to the greatest extent possible.

ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT

  1. Any offer made by Yourlittleblackbook is non-binding, even if it states that the offer is valid for a certain period. Yourlittleblackbook may revoke its offer at any time, or at least as soon as possible after acceptance by the Consumer. If the Consumer has already paid in such a case, Yourlittleblackbook shall arrange for a refund without delay, or as soon as possible.
  2. The Consumer may derive no rights from an offer made by Yourlittleblackbook that contains an obvious error or mistake, or from an offer made by Yourlittleblackbook based on incorrect or incomplete information provided by the Consumer.
  3. Each Agreement, without prejudice to the provisions of paragraph 1, is concluded at the moment the Consumer accepts the offer made by Yourlittleblackbook on the Website in the manner designated by Yourlittleblackbook

ARTICLE 4. | RIGHT OF WITHDRAWAL

  1. The Consumer may withdraw from the Agreement without giving reasons within 14 days after the Products have been received by or on behalf of the Consumer. However, the Consumer has no right of withdrawal in the case of the supply of digital content that is not supplied on a tangible data carrier (such as e-books and all other digital Products), provided that:
  • the supply has begun with the Consumer's express prior consent; and
  • the Consumer has declared that they waive their right of withdrawal as soon as Yourlittleblackbook has delivered the digital content.

The confirmation of the Agreement provided by Yourlittleblackbook to the Consumer shall also contain confirmation of the express prior request and the declaration of the Consumer referred to above.

  1. The Consumer may withdraw from the Agreement by submitting a request to Yourlittleblackbook by e-mail or by using the withdrawal form provided by Yourlittleblackbook. As soon as possible after Yourlittleblackbook has been notified of the Consumer's intention to withdraw from the Agreement, and if the conditions of this article have been met, Yourlittleblackbook shall confirm the withdrawal from the Agreement by e-mail.
  2. In the case of physical Products, the Consumer must handle the Products and their packaging with care during the cooling-off period. The Consumer may only handle and inspect the Products to be returned to the extent necessary to assess their nature and characteristics. The Consumer may only handle and inspect the Products as they would be entitled to do in a physical store.
  3. The Consumer must return physical Products to Yourlittleblackbook undamaged, with all supplied accessories and in their original condition and packaging.
  4. The Consumer is liable for any reduction in the value of returned physical Products resulting from handling the Products in a manner that exceeds what is permitted under paragraph 3. Yourlittleblackbook is entitled to charge the Consumer for this reduction in value, whether or not by offsetting it against any payment already received from the Consumer.
  5. Physical Products must be returned within 14 days after the Consumer has withdrawn from the Agreement in accordance with paragraph 2.
  6. The costs of returning physical Products shall be borne by the Consumer.
  7. Yourlittleblackbook shall refund any payment already received from the Consumer, minus any reduction in value, as soon as possible, but no later than 14 days after the withdrawal from the Agreement, provided that the physical Products have been returned to Yourlittleblackbook or that the Consumer has demonstrated that the Products have actually been returned.

ARTICLE 5. | DEADLINES

If no delivery deadline has been expressly agreed, Yourlittleblackbook is legally obliged to deliver within thirty days after the conclusion of the Agreement. If a delivery time has been agreed, this shall only be an indicative, non-binding deadline. If Yourlittleblackbook does not deliver within thirty days, or within the agreed delivery deadline, Yourlittleblackbook shall only be in default after the Consumer has sent Yourlittleblackbook a written notice of default stating a reasonable period within which Yourlittleblackbook must still deliver, and delivery has still not taken place after the expiry of this period. Only when Yourlittleblackbook is in default is the Consumer entitled to rescind the Agreement for the part to which Yourlittleblackbook's default relates and to claim a proportionate refund or waiver. A single breach of the delivery deadline therefore does not entitle the Consumer to any compensation.

ARTICLE 6. | DELIVERY OF PRODUCTS, COMPLAINTS AND CONFORMITY

  1. Physical Products shall be delivered by delivery to the delivery address provided by the Consumer.
  2. Digital Products shall be delivered by e-mail or in another suitable manner.
  3. Yourlittleblackbook is entitled to deliver orders of physical Products in parts. In that case, the Consumer's cooling-off period, as referred to in article 4, shall only commence when the last partial delivery from the order has been received by or on behalf of the Consumer.
  4. If the agreed delivery deadline is exceeded, the Consumer shall never be entitled to refuse acceptance of or to take delivery of ordered physical Products and/or to pay the amount owed to Yourlittleblackbook under the Agreement.
  5. If, in the case of physical Products, the Products could not be delivered due to a circumstance attributable to the Consumer, Yourlittleblackbook is entitled to store the Products at the Consumer's expense, without prejudice to the Consumer's obligation to pay the amount owed to Yourlittleblackbook under the Agreement. The additional costs incurred in connection with the Consumer's non-acceptance as referred to here, such as additional delivery costs, shall also be borne by the Consumer.
  6. If, in the Consumer's opinion, a delivered physical or digital Product does not conform to the Agreement, the Consumer must submit a complaint to Yourlittleblackbook within two months after discovering the defect.
  7. If the Consumer does not complain in a timely manner, no obligation whatsoever shall arise for Yourlittleblackbook from such a complaint by the Consumer.
  8. Physical Products may never be returned without prior written permission from Yourlittleblackbook, subject to the provisions of article 4.
  9. Yourlittleblackbook undertakes that delivered physical and digital Products shall meet the reasonable expectations that the Consumer may have of them (conformity).
  10. A claim based on non-conformity shall in any case be forfeited if the defect in the delivered Product is the result of an external cause after delivery or another circumstance not attributable to Yourlittleblackbook. This includes, but is not limited to, defects arising after delivery due to damage, natural wear and tear, misuse, improper or negligent handling, improper or negligent use, and alterations made to the delivered Product.
  11. The Consumer may only rely on non-conformity if the Consumer has fulfilled all payment obligations arising from the Agreement.

ARTICLE 7. | FORCE MAJEURE

  1. Yourlittleblackbook is not obliged to (further) perform the Agreement if and for as long as it is unable to do so due to force majeure. In addition to what is understood and accepted as force majeure in legislation and case law, force majeure shall include technical failures, fire, accident or illness, transport restrictions, power outages, and similar circumstances that make performance of the Agreement permanently or temporarily impossible.
  2. To the extent that the force majeure situation makes performance of the Agreement permanently impossible, the Parties are entitled to rescind the Agreement with immediate effect.
  3. If Yourlittleblackbook has already partially fulfilled its obligations when the force majeure situation arises, or can only partially fulfill its obligations, it is entitled to charge separately for the part already delivered or still deliverable under the Agreement, as if it were a separate Agreement. Other damages resulting from force majeure are not eligible for compensation.

ARTICLE 8. | SUSPENSION AND RESCISSION

  1. If the circumstances of the case reasonably justify it, Yourlittleblackbook is entitled to suspend the performance of the Agreement or to rescind the Agreement in whole or in part with immediate effect, if and to the extent that the Consumer does not, does not timely, or does not fully fulfill their obligations under the Agreement, or if circumstances that come to Yourlittleblackbook's knowledge after the conclusion of the Agreement give good reason to fear that the Consumer will not fulfill their obligations. If the performance of the obligations with respect to which the Consumer is or threatens to be in default is not permanently impossible, the right of rescission shall only arise after the Consumer has been formally notified of default in writing by Yourlittleblackbook, stating a reasonable period within which the Consumer can (still) fulfill their obligations, and performance has still not taken place after the expiry of the latter period.
  2. The Consumer shall never claim any form of compensation in connection with the right of suspension or rescission exercised by Yourlittleblackbook on the basis of this article, while the Consumer remains liable for the full agreed price under the Agreement due to non-performance.
  3. If Yourlittleblackbook rescinds the Agreement on the basis of this article, any claim Yourlittleblackbook may still have against the Consumer shall become immediately due and payable.

ARTICLE 9. | PRICES, DELIVERY COSTS AND PAYMENTS

  1. In addition to the price of the Products, the offer made by Yourlittleblackbook shall state whether any delivery costs are charged to the Consumer.
  2. Payments must be made in the manner designated by Yourlittleblackbook at the time of the order, at the time indicated by Yourlittleblackbook, or within the period stated by Yourlittleblackbook.
  3. Yourlittleblackbook is entitled to make invoices due to the Consumer available to her exclusively by e-mail.
  4. If payment is not made in a timely manner, the Consumer shall be in default by operation of law. From the day this default arises, the Consumer shall owe the prevailing statutory interest on the outstanding amount.
  5. All reasonable costs, whether judicial, extrajudicial or collection costs, incurred to obtain the amounts owed by the Consumer, shall be borne by the Consumer. In this regard, no deviation from the provisions of the Dutch Costs of Debt Collection Act shall be made to the detriment of the Consumer.

ARTICLE 10. | LIABILITY AND INDEMNIFICATION

  1. The Consumer bears the damage caused by inaccuracies or incompleteness in the information provided by her. Furthermore, the Consumer bears the damage caused by a failure to fulfill the Consumer's obligations arising from the law or the Agreement, as well as any other circumstance not attributable to Yourlittleblackbook.
  2. The use of the Products and the manner in which they are used are entirely at the Consumer's own risk. Yourlittleblackbook accepts no liability for (the manner of) use of the Products.
  3. Yourlittleblackbook's liability is limited to, at most, repair or replacement of the Products. If repair and replacement are impossible, Yourlittleblackbook's liability is limited to, at most, a waiver or refund of that part of the Agreement to which Yourlittleblackbook's liability relates.
  4. The limitations on Yourlittleblackbook's liability as stated in these general terms and conditions apply provided that they do not extend beyond what is permitted under mandatory law.

ARTICLE 11. | INTELLECTUAL PROPERTY/COPYRIGHT

  1. Yourlittleblackbook reserves all intellectual property rights and powers that accrue to her under the law, such as the Dutch Copyright Act. Ownership of Products delivered by Yourlittleblackbook, as well as of images, texts and other content on the Website, remains with Yourlittleblackbook. The Consumer may use the delivered (digital) Products exclusively for personal, non-commercial purposes and may not reproduce them, pass them on to third parties, or publish or share them by any medium.
  2. In the event of an infringement of the provisions of this article, Yourlittleblackbook shall claim compensation for the damage it suffers as a result of the infringement, including, but not limited to, all actual judicial and extrajudicial costs.

ARTICLE 12. | COMPLAINTS POLICY

  1. Complaints regarding the performance of the Agreement must be submitted to Yourlittleblackbook in writing within a reasonable time, fully and clearly described.
  2. Complaints submitted to Yourlittleblackbook shall be answered within seven days after receipt. If a complaint requires a longer processing time, an answer shall be provided within seven days with an acknowledgment of receipt and an indication of when the Consumer can expect a more detailed answer.
  3. If a Consumer's complaint cannot be resolved through mutual consultation, the Consumer may submit the dispute to the Disputes Committee via the ODR platform (europa.eu/consumers/odr/).

ARTICLE 13. | FINAL PROVISIONS

  1. All physical Products remain the property of Yourlittleblackbook until the Consumer has fulfilled all her payment obligations to Yourlittleblackbook under the Agreement in question.
  2. Dutch law exclusively applies to every Agreement and all legal relationships arising therefrom between the Parties.
  3. Before making any appeal to the court, the Parties are obliged to make every possible effort to settle the dispute through mutual consultation.
  4. The competent court within the Amsterdam district shall be designated as the court of first instance to hear any judicial disputes between the Parties, without prejudice to Yourlittleblackbook's right to designate another court competent under the law. However, the Consumer is entitled to choose the court competent under the law within one month after Yourlittleblackbook has announced in writing its intention to litigate before the court designated by her.