Terms & Conditions
From 18th May, the Spiritual-Rebels general terms and conditions have been split into Spiritual-Rebels B.V. i.o.* (Spiritual-Rebels B.V. i.o.) General Commercial Delivery Terms and Spiritual-Rebels B.V. i.o. General Terms for Consumers (also fully stated in the text below).
Spiritual-Rebels B.V. i.o. i.o. GENERAL TERMS FOR CONSUMERS
A – GENERAL
1.1 These general delivery terms (hereinafter: the “general terms”) apply to every agreement (hereinafter: the “Agreement”) concluded between Spiritual-Rebels B.V. i.o. and any other current or future group company of Spiritual-Rebels B.V. i.o. (hereinafter jointly and separately: “Spiritual-Rebels“) and natural persons (hereinafter: the “customer”), which may consist among other things of a subscription to an (online) periodical issued by Spiritual-Rebels or an (online) purchase of a Spiritual-Rebels product or service. The general terms also apply to all offers and quotations issued to the customer by Spiritual-Rebels and orders placed with Spiritual-Rebels by the customer.
Spiritual-Rebels B.V. i.o. currently acting as Stories to Tell (KvK [Netherlands Chamber of Commerce] number 34343785), registered in (6039 GC) Stramproy at Horsterweg 51.
1.2 These general terms are sent free of charge upon request. The request can be submitted to: Spiritual-Rebels Customer Service email address firstname.lastname@example.org The general terms are published on the Spiritual-Rebels website www.Spiritual-Rebels.com.
1.3 Spiritual-Rebels has the right to amend these general terms at any time. Before the effective date, the amended general terms will be published on the Spiritual-Rebels website. The amended general terms apply from the day of publication or from the date specified in the publication and to all (new) Agreements, insofar as these are executed after the day of the announcement.
1.4 In addition to the conditions in this Part A, the provisions stated below in Part B and C also apply to the Agreement between the customer and Spiritual-Rebels. If the content of Part B or C, is applicable and conflicts with Part A, then Part B takes precedence.
2.1 All copyrights and any other intellectual property rights as well as similar rights, including neighboring rights and rights to protect databases, relating to the periodicals, products and/or services supplied by Spiritual-Rebels are held exclusively by Spiritual-Rebels or its licensors.
2.2 No provision whatsoever in these general terms or an Agreement concluded with a customer is intended to transfer to the customer all or part of the rights referred to in Article 2.1. The customer acknowledges these rights and will refrain from any form of infringement of these rights.
Liability, expiry and force majeure
3.1 Spiritual-Rebels is only liable for direct damage suffered by the customer if this damage can be attributed to Spiritual-Rebels or if this is at Spiritual-Rebels’s risk pursuant to a legal provision. Spiritual-Rebels is not liable for damage resulting from the customer’s use of any product or service supplied by Spiritual-Rebels, with the exception of liability based on the provisions of product liability referred to in Article 6:185 ff. Dutch Civil Code. Spiritual-Rebels is not liable for damage resulting from exceeding an agreed delivery period. Liability for indirect damage and/or consequential damage is excluded.
3.2 Spiritual-Rebels’s liability is always limited to the amount that is paid out under Spiritual-Rebels’s insurance in the respective case. The aforementioned insurance has limitations in coverage, with regard among other things to the extent of the damages and the number of damage claims per year.
3.3 If no payment is made under the insurance referred to in Article 3.2, for any reason whatsoever, Spiritual-Rebels’s liability is limited to a maximum of three times the invoice amount that has been charged to the customer in connection with the relevant delivery or order and that has been paid on time, with a maximum liability of EUR 5,000.
3.4 Spiritual-Rebels is not liable for damage caused by force majeure, which is understood to mean at least malfunctions or breakdowns of the internet, the telecommunication structure, power outages, obstruction of transport, strike, business disruptions, delay in supply, flood, fire, internal unrest, war, government measures (including a foreign government) such as a prohibition of transport, import or production, natural disasters, adverse weather, lightning strike, fire, explosion and outflow of hazardous substances or gasses.
3.5 The customer indemnifies Spiritual-Rebels from and against all claims from third parties, by any name whatsoever, in connection with an Agreement concluded between Spiritual-Rebels and the customer or arising from the execution of an Agreement.
3.6 All rights to claim, entitlements and other capacities of the customer against Spiritual-Rebels expire as soon as a period of three (3) months has elapsed after the day on which the customer became aware or could reasonably have been aware of the existence of those rights, entitlements or capacities.
3.7 The expiry period referred to in Article 3.6 also applies to all rights to claim, entitlements and other capacities of the customer against Spiritual-Rebels from the moment of the formation of any Agreement to which these general terms apply.
3.8 The exclusion or limitation of Spiritual-Rebels’s liability as determined in this Article does not apply in the event of intent or gross negligence on the part of Spiritual-Rebels.
Orders and formation of Agreements
4.1 The Agreement is formed at the moment that Spiritual-Rebels accepts, in writing, an assignment, purchase or order (hereinafter: “order”) or when Spiritual-Rebels starts executing an order. Orders issued to Spiritual-Rebels by the customer are irrevocable, unless the customer has a right of withdrawal in the event of a distance contract or outside the sales area, as further described in Article 13. If the customer has placed an order by telephone, electronically or outside the sales area, Spiritual-Rebels will confirm the receipt and acceptance thereof. This confirmation includes information about the content of the Agreement and the manner in which Spiritual-Rebels will execute it.
4.2 Spiritual-Rebels has the right to refuse an order without giving reasons. Even after acceptance of an order as referred to in Article 4.1, Spiritual-Rebels is entitled to cancel it without giving reasons, in which case Spiritual-Rebels is not obliged to pay more than the refund of any amount paid in advance by the customer.
4.3 Amendments to an order must be communicated to Spiritual-Rebels by the customer in good time and in writing and are only effective if they are explicitly accepted by Spiritual-Rebels.
Execution of Agreements, changes of address and complaint handling
5.1 Delivery times indicated by Spiritual-Rebels are indicative and do not count as deadlines. In the event of late delivery, Spiritual-Rebels must be given written notice of default before it is in default.
5.2 Deliveries are delivered to the address known to Spiritual-Rebels. To be able to guarantee an uninterrupted continuation of deliveries, the customer must notify Spiritual-Rebels in writing or by email of a change of address no later than 3 weeks before the date of relocation. If the customer does not communicate a change of address to Spiritual-Rebels in good time, Spiritual-Rebels is not liable for the late or non-delivery of the relevant periodicals and/or other products (such as books) and the customer is not entitled to a refund.
5.3 Spiritual-Rebels takes the necessary care when selecting the postal delivery companies it employs and makes every effort to ensure that periodicals and other products are delivered correctly and on time, but is not liable to the customer for this.
5.4 The customer hereby gives Spiritual-Rebels permission to have orders carried out by third parties in whole or in part if Spiritual-Rebels considers this necessary or desirable.
5.5 If a customer has a complaint about a Spiritual-Rebels product or service, he must report it as soon as possible after it has occurred to Spiritual-Rebels Customer Service, email address email@example.com. Spiritual-Rebels will handle the complaint and respond within two weeks of receiving the complaint.
6.1 Spiritual-Rebels’s privacy statement and cookie statement apply to the collection and processing of personal data of customers and visitors to the Spiritual-Rebels website. It states, among other things, that Spiritual-Rebels is responsible for processing the customer data that are collected at the conclusion of an Agreement for the purpose of being able to execute the Agreement between Spiritual-Rebels and the customer, keeping records of all customers, being able to serve visitors well on the Spiritual-Rebels website, and being able to make offers from Spiritual-Rebels to its customers.
6.2 The customer can at any time view his personal data and request that these be changed, supplemented or deleted by sending an email to email address: firstname.lastname@example.org.
Invalidity or voidability
7.1 If and insofar as any provision of these general terms cannot be relied upon on the basis of a mandatory provision, the unreasonably onerous nature of these general terms or on the basis of reasonableness and fairness, then the relevant provision will be interpreted as far as possible to have a corresponding meaning in terms of content and scope so that the relevant provision can indeed be relied upon. Any invalidity or voidability does not affect the validity of the other terms.
Applicable law and competent court
8.1 Dutch law applies exclusively to all Agreements between Spiritual-Rebels and the customer.
8.2 All disputes between Spiritual-Rebels and the customer will be submitted exclusively to the competent court in Roermond.
B – ONLINE SALE OF SUBSCRIPTIONS AND (DIGITAL) PRODUCTS AND SERVICES
9.1 This Part B applies, in addition to Part A to every order from the customer, insofar as he is also the consumer, relating to an Agreement with Spiritual-Rebels that has been concluded via a website or app of (a title of) Spiritual-Rebels in connection with the sale of books, subscriptions or other (digital) products and/or services (hereinafter: the “Online Agreement”). In addition to the provisions in this Part B, all other provisions regarding Agreements in these general terms also apply to Online Agreements.
9.2 If the delivery of a product or service ordered via an Online Agreement appears to be impossible, Spiritual-Rebels will endeavor to make a replacement item available. No guarantees are provided to the customer in this regard.
Payment and invoicing of (digital) products and/or services, other than for subscriptions
10.1 Payments of products and services must be made by the customer within fourteen days after the invoice date to an account to be designated by Spiritual-Rebels and will occur without discount, deduction, suspension or settlement. In accordance with Article 4.1, invoices can be sent from the day on which the Online Agreement was concluded.
10.2 All Spiritual-Rebels prices are expressed in euros and include VAT. All charges and taxes imposed or levied on the goods and services supplied by Spiritual-Rebels are borne by the customer. All changes of factors that influence Spiritual-Rebels’s price can be passed on to the customer by Spiritual-Rebels.
10.3 Spiritual-Rebels reserves the right to change prices and rates. Amended prices and fees apply from the moment that they are introduced.
10.4 If the customer does not meet his payment obligation(s) in time, he will, after he has been notified by Spiritual-Rebels of the overdue payment and Spiritual-Rebels has granted the customer a period of 14 days to still meet his payment obligation(s), and after failure to pay within this 14-day period, owe statutory interest on the amount still due and Spiritual-Rebels will be entitled to charge him for the extrajudicial collection costs it has incurred.
Delivery, retention of title and risk
11.1 Goods are delivered by Spiritual-Rebels by sending them via its logistics service provider to the address that the customer has given to Spiritual-Rebels. Any costs for shipping are borne by the customer.
11.2 The risk of damage and/or loss of products remains with Spiritual-Rebels until the moment of delivery to the customer, unless explicitly agreed otherwise.
11.3 As long as the customer has not paid the full amount for a delivered product, it remains the property of Spiritual-Rebels.
Conformity and guarantee
12.1 Spiritual-Rebels guarantees that the products and/or services comply with the Agreement, the specifications listed in the offer, reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations on the day the Agreement was concluded. Spiritual-Rebels always does its utmost to display products in a way that best matches reality. However, Spiritual-Rebels cannot guarantee that the colors shown on the image of a product are exactly the actual colors of the products to be supplied.
Cooling-off period and withdrawal
13.1 After concluding an Online Agreement with Spiritual-Rebels with regard to a product, the customer can dissolve the Online Agreement within 14 days without giving reasons, with the exception of:
products created by Spiritual-Rebels in accordance with customer specifications or otherwise clearly personal in nature;
goods that spoil quickly or that have a limited shelf life;
goods that are not suitable for return due to health protection or hygiene reasons and of which the seal has been broken after delivery;
audio and video recordings and computer software of which the seal has been broken by the customer
the delivery of digital content that has not been delivered on a tangible medium, such as e-books, apps or other Digital Products as referred to in Article 14, for which fulfillment began before expiry of the cooling-off period with the customer’s consent.
13.2 When purchasing products, the cooling-off period starts on the day after the customer, or a third party designated by him who is not the carrier, received the (last) product from the order.
13.3 During the cooling-off period referred to in Article 13.1, the customer will handle the product and the packaging with care. He should only unpack or use the product to the extent necessary to assess whether or not he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to Spiritual-Rebels with all supplied accessories and in its original condition and packaging, in accordance with the instructions provided by Spiritual-Rebels.
13.4 After concluding an Online Agreement with Spiritual-Rebels with regard to a subscription to books or periodicals or a service, the customer can dissolve the Online Agreement without giving reasons within 14 days from the date of the formation of the Online Agreement, with the exception of services:
which relate to accommodation, lodging, transport, the restaurant business or leisure activities, if Spiritual-Rebels undertakes, when concluding the Online Agreement, to provide these services on a specific date or during a specific period, which at least includes but is explicitly not limited to festivals to be organized by Spiritual-Rebels.
concerning bets or lotteries;
for which fulfillment began before expiry of this period with the customer’s consent, which includes but is explicitly not limited to (online) courses as well as the course materials to be purchased for those courses.
13.5 If the customer makes use of the right of withdrawal as referred to in this Article 13, he must report this to Spiritual-Rebels within the cooling-off period sending an e-mail to email@example.com announcing the withdrawal.
13.6 As soon as possible, but within 14 days from the day following the notification referred to in Article 13.5, the customer will send the product back. The customer will return the product with all supplied accessories and, if reasonably possible, in the original state and packaging, and in accordance with reasonable and clear instructions given by Spiritual-Rebels. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the customer.
13.7 When using the right of withdrawal as referred to in this Article 13, the costs of returning will be borne by the customer.
13.8 If a customer uses his right of withdrawal after entering into an Online Agreement for a subscription (as referred to in Article 13.3), with which the customer has also received a welcome gift, he must also return the welcome gift to Spiritual-Rebels (the entire Article 13 also applies to the supplied welcome gift). The customer does not have to return the welcome gift only if he allows Spiritual-Rebels to settle the value of the welcome gift with the amount that Spiritual-Rebels has to pay back to the customer due to the dissolution of the Online Agreement.
14.1 The (intellectual property) rights to e-books, apps or other digital products (hereinafter: “Digital Products”) sold to the customer by Spiritual-Rebels or made available to the customer on the basis of a license or otherwise, remain entirely with Spiritual-Rebels. The customer only receives a personal, non-exclusive, non-transferable and non-sublicensable license with regard to the relevant Digital Product.
14.2 Spiritual-Rebels is permitted to take technical measures to protect the (intellectual property) rights of Digital Products. If Spiritual-Rebels has secured Digital Products by means of technical protection, the customer is not permitted to remove or circumvent this protection.
14.3 The customer is not permitted to copy, change or lend Digital Products, make them available to third parties in any way or perform other actions that go beyond the scope of the license described in Article 14.1.
14.4 Spiritual-Rebels is permitted to impose temporal restrictions on the license obtained by the customer, to limit the number of devices on which the Digital Product can be consulted and to impose other terms or restrictions on (the use of) Digital Products.
14.5 If the customer, with Spiritual-Rebels’s permission, makes Digital Products available to third parties, the customer will declare the terms referred to in this Article 14 or other terms imposed by Spiritual-Rebels on (the use of) Digital Products to be fully applicable to the Agreement between him and the third party and on all use that the third parties will make of the Digital Product. The customer will prove to Spiritual-Rebels the applicability of the terms upon first request.
C – Sale of subscriptions outside the sales area (such as during events)
15.1 For the sale of subscriptions to books or periodicals outside the sales area – in addition to the provisions of Part B – Article 13 of Part C also applies.