Flow Terms and Conditions of Supply
A – General part
1.1 These Terms and Conditions of Supply apply to:
i) all subscription agreements concerning the English version of Flow magazine, published by Sanoma Media Netherlands B.V., Capellalaan 65, 2132 JL HOOFDDORP, the Netherlands, Chamber of Commerce number: 220.127.116.11 in Amsterdam, the Netherlands, VAT number: NL002706660B01, hereinafter also referred to as ‘Sanoma’;
ii) all subscription agreements concerning the supply of the Flow Weekly publication in Belgium;
iii) all agreements concerning the supply of individual Flow magazines and items;
concluded via the website www.flowmagazine.nl or flowmagazine.com (hereinafter: the ‘Website’). Orders made via the Website are processed by Today’s Logistics B.V., Tasveld 14, 3417 XS Montfoort, the Netherlands.
1.2 By concluding an agreement with Sanoma, the customer is deemed to accept these Terms and Conditions.
1.3 Sanoma warrants that the items supplied are in accordance with the agreement and meet the specifications stated in the offer.
1.4 Deviations from the provisions of these Terms and Conditions of Supply are only permitted if explicitly agreed in writing; in that case, the other provisions of these Terms and Conditions of Supply will remain in full force and effect.
1.5 The customer must be at least 18 years of age.
1.6 Sanoma reserves the right to add changes to these Terms and Conditions of Supply, so please check these terms and conditions regularly.
1.7 To obtain a free copy of these Sanoma Terms and Conditions of Supply, please contact:
Today’s Logistics BV
3417 XS Montfoort
3417 ZK Montfoort
+31 (0)348-478014 (local rate, customer service opening hours: Monday-Friday, 9 a.m.-5 p.m.)
Or use the email form.
The customer must notify Today’s – the company responsible for executing Orders on Sanoma’s behalf – of any complaints as soon as possible after they arise. Today’s will take up the complaint and inform the customer within two weeks. If no solution is reached, the EU subscriber for extrajudicial mediation in a dispute may make use of the European Commission ODR platform (Online Dispute Resolution) via http://ec.europa.eu/consumers/odr.
Sanoma is only liable for any damage suffered by the customer if this damage can be attributed to Sanoma or if Sanoma bears the risk of this damage pursuant to statutory provisions. Sanoma is not liable for any damage resulting from the customer’s use of an item supplied by Sanoma, unless Sanoma is liable on the basis of provisions on product liability within the meaning of Article 6:185 et seq. of the Dutch Civil Code. Sanoma is not liable for any damage if it is caused by non-performance resulting from force majeure. Force majeure exists if the non-performance is the result of circumstances beyond Sanoma’s control, including in any event: war or similar situations, riots, sabotage, boycott, strike, sit-in, blockade, sickness of Sanoma staff, failures by Sanoma’s suppliers and/or carriers, government measures (including measures taken by a foreign government) such as transport, import or manufacturing restrictions, natural disasters, bad weather conditions, lightning strikes, fire, explosion and emission of hazardous substances or gases. Nothing of the above applies in the event of wilful conduct and/or gross negligence on the part of Sanoma. Such wilful conduct or gross negligence on the part of Sanoma must be proven by the customer. Sanoma is not liable for any damage arising later than 3 months after delivery of the item that is not reported to Sanoma in writing within 14 days of its discovery. In the event that the damage arises at a later time, Sanoma will inform the customer upon request about any options for recovering the damage from the supplier. The customer is not permitted to set off any alleged claim for damages against any amount that the customer owes Sanoma. The subscription and/or product terms and conditions, including subscription and other prices, are subject to any evident misprints and typesetting errors.
4. Other provisions
These Terms and Conditions of Supply are governed exclusively by the laws of the Netherlands. The Amsterdam District Court has exclusive jurisdiction to examine any disputes.
B – Subscriptions
1. New subscriptions
1.1 A subscription comprises the supply of a magazine published by Sanoma for the agreed term, as well as the email newsletter of that magazine.
1.2 New subscriptions may commence at any time.
1.3 Discount offers are only possible if the new subscriber has not had a subscription for the magazine in question in the past six months. If he has, the right to a discount lapses.
1.4 Sanoma is entitled to cease publication of the magazine for which the subscription was taken out at any time and for any reason whatsoever. At such time, Sanoma is not obliged to effect any supply after cessation. In that case, the subscriber is entitled to partial restitution of the prepaid subscription fee.
1.5 Sanoma is not liable for any damage whatsoever resulting from any failure to meet the subscription delivery dates.
2. Right of withdrawal
2.1 The subscriber has the option of cancelling the agreement for the magazine subscription within a period of 14 days after receipt of the first magazine in the context of the subscription (the withdrawal period) without stating reasons.
2.2 The subscriber may also avail himself of the right of withdrawal by contacting the Today’s customer service desk within the period stated at 3.1 (see the contact details given above at 1.7), stating that the subscriber wishes to avail himself of his right of withdrawal. The subscriber may also use the Model withdrawal form to do so. If the subscriber cancels the agreement, he will receive confirmation by email or post.
2.3 If the subscriber wishes to avail himself of his right of withdrawal, he must also return the magazines already received to the following address: Today’s Logistics BV, Postbus 195, 3417 ZK Montfoort, the Netherlands, within 14 days of the day on which the right of withdrawal was invoked.
The cost of returning the magazines will be borne by the subscriber.
2.4 In the event that the subscriber avails himself of his right of withdrawal, the subscription fee already paid will be refunded within 14 days, with Sanoma reserving the right to wait with the refund until Today’s has received back the magazines or has received proof that the magazines have been sent back.
3. Term and termination of the subscription
3.13.1 A subscription is taken out for the stated period and will end automatically. Within the subscription period, the subscription can only be terminated with effect from effect from the end of the agreed subscription period. (Within the subscription period, the subscription cannot be terminated).
3.2 Upon automatic renewal, the subscription is converted into a subscription for an indefinite period of time. After automatic renewal, the subscription may be terminated with due observance of a one-month notice period. If a subscription period is not purchased in full, Sanoma will charge the associated administration and processing costs (€ 3.50). These costs will be set off against the subscription fee paid in excess. The subscription may be terminated by telephone on +31 (0)348-478014 and in writing.
3.3 The email newsletter that is part of the subscription may be cancelled at all times by means of the unsubscribe link at the bottom of the newsletter, or by sending a request to this end to firstname.lastname@example.org. Unsubscribing from the newsletter does not result in termination of the subscription.
3.4 The newsletter will be discontinued upon termination of the subscription. Receiving just the email newsletter can still be continued in that case upon request.
3.5 Information on the term of your subscription may be requested from the Today’s customer service desk by post or telephone or by using this form. The contact details can also be found in the magazine’s colophon.
4. Payment of subscription fee and method of payment
4.1 The subscription fee must be paid prior to each subscription period in a manner accepted by the subscriber when taking out the subscription. The payment terms applicable after renewal of the subscription can be found in the colophon or service page of the magazine and are collected by direct debit from the same account number. You will find the subscription prices in the colophon or service page of the magazine.
4.2 In the event of late payment, including based on a reversal of the debit of the amount from the account or due to insufficient balance on the account provided, a late payment fee will be charged. If payment for the subscription is still not received after a demand for payment, Sanoma will be entitled to unilaterally terminate the subscription with immediate effect and to claim any damages and overdue payments.
4.3 In the event of termination of the subscription before the end of the period for which the subscriber has paid the subscription fee, the subscriber is entitled to a refund of the difference between the amount ultimately owed for the subscription received (plus an amount of € 3.50 for administration and processing costs in connection with the refund) and the amount already paid.
4.4 All subscription prices are in euros and include VAT and postage.
4.5 Sanoma reserves the right to change the subscription price and/or postage costs during the term of the subscription. Changes to the subscription price and/or postage costs will be published in the relevant magazine’s colophon no later than four weeks before they take effect.
5.1 Sanoma’s magazines are delivered by PostNL. If the magazine does not arrive or arrives in a damaged condition, the subscriber may report this by means of this form.
5.2 In order to guarantee uninterrupted continuation of delivery, address changes must be reported by email or post or by using this change of address form no later than three weeks before the date of the move.
6. Privacy and the Dutch Data Protection Act
Sanoma is responsible for processing the customer data collected when new subscriptions are taken out, including for the purposes of:
i) performing the agreement between Sanoma and the subscriber;
ii) keeping records of all subscribers;
iii) categorising subscribers according to, for example, age, sex and interests, or creating a subscriber profile that Sanoma can use to align its products, services and offers with the (derived) wishes of the subscriber;
iv) making relevant Sanoma offers; and
v) making relevant offers from carefully selected third parties (advertisers).
Sanoma respects the privacy of its subscribers. To this end, Sanoma has reported the processing of personal data to the Dutch Data Protection Authority in The Hague under number 1527839.
C – Individual magazines
1.1 Individual issues of a magazine can be ordered via the facilities offered to that end on the Website (‘Orders’).
1.2 If Sanoma accepts an Order, Sanoma will send the customer confirmation using the email address provided by the customer on the order form.
1.3 Sanoma has the right to refuse Orders without stating reasons.
1.4 Consumers’ statutory right of withdrawal is excluded for individual magazines.
2.1 The prices and any delivery or other costs in respect of the magazines and items offered on the Website are made known by Sanoma on the Website or through another means of communication.
2.2 Unless stated otherwise on the Website, any discounts or special offers cannot be combined.
2.3 All prices and stated costs charged by Sanoma are in euros and include VAT.
2.4 Sanoma reserves the right at all times to unilaterally terminate, interrupt or change any promotional offer without prior notice and/or to change the terms and conditions and/or the products/prices of any offer if the circumstances so require, without incurring any obligation vis-à-vis the customer to pay damages.
3. Method of payment
3.1 The purchase amount must be paid by means of one of the payment methods offered on the Website, unless agreed otherwise.
3.2 A late payment fee will be charged in the event of overdue payment. If payment of the amount is still not received after a demand for payment, Sanoma will be entitled to unilaterally terminate the agreement with immediate effect and to claim any damages and overdue payments.
4.1 Sanoma’s individual magazines are delivered in the Netherlands by PostNL. If the magazine does not arrive or arrives in a damaged condition, the consumer may send an email to email@example.com or write to Today’s, Tasveld 12, 3417 XS Montfoort, the Netherlands.
4.2 Any failure to deliver within the delivery period does not entitle the consumer to claim damages, to terminate any agreement or to take any other measures against Sanoma, except in the event of wilful conduct or deliberate recklessness on the part of Sanoma or its management.
5. Privacy and the Dutch Data Protection Act
Sanoma is responsible for processing the customer data collected when individual magazines and items are ordered, for the purposes of:
i) performing the agreement between Sanoma and the customer;
ii) keeping records of all customers; and
iii) making relevant Sanoma offers.
Sanoma respects the privacy of its customers. To this end, Sanoma has reported the processing of personal data to the Dutch Data Protection Authority in The Hague under number 1527839.
6.1 Items may be ordered on the Website. If the items delivered are not delivered in accordance with the agreement, the consumer must report any defects or wrongly delivered items. Sanoma recommends that the delivered products be inspected immediately upon receipt and that any defects discovered at that time be reported in writing or by email within at least 14 days. If these defects are not reported within the aforementioned period, Sanoma will have the right not to process such complaints.
6.2 The consumer receives the ordered items on approval for 14 working days. After expiry of the approval period of 14 working days, the purchase agreement is established unless the subscriber has indicated to Sanoma that he wishes to cancel the purchase or Order. The consumer can do so by contacting the customer service desk at firstname.lastname@example.org within the approval period. The consumer is entitled to a refund of the amount paid or a replacement item after the original Order has been returned to Sanoma.
6.3 The consumer will always be notified following an Order. Items are usually available from stock. However, items may sometimes be temporarily out of stock. In that case, the consumer will be notified – generally within one month after Sanoma has received the Order – and Sanoma will put the Order on hold.
6.4 Sanoma endeavours to present images of the items that are as close as possible to reality. However, Sanoma cannot guarantee that the colours shown on the images are the exact true colours of the items to be supplied.
6.5 The offer of an item is subject to availability. If the relevant item is no longer in stock, the consumer is entitled to an alternative item or repayment of the purchase amount, at the customer’s discretion.
These Terms and Conditions of Supply take effect on 22 September 2014. All Terms of Supply published previously will lapse as from that date.