General terms and conditions of Jilster

Version 1.0 – February 8th, 2010

1 - Definitions

a) Magazine: a digital or paper publication that consists of a collection of grouped text, photos, and illustrations, and fitted with a cover
b) Customer: the natural or legal person who has registered with Jilster for the purpose of creating a Magazine
c) Editor: a person who is invited by a Customer and is authorized to contribute digitally to the Magazine designed and created by the Customer at his Jilster account
d) Registration or subscription: the act whereby the Customer or Editor declares to agree to the terms and conditions in question, and registers with Jilster by entering his personal data in the registration form on the Jilster website
e) Newsroom: the web environment where the Customer or Editor can design or edit his magazine in the designing stage, after having logged in
f) Payment: the situation at the moment that the amount due by the Customer has been deposited at the Jilster bankaccount.

2 - What does Jilster produce?

Jilster enables the Customer to create a digital design for his magazine, free of charge, after he has registered. In this way the Customer can start the production process for creating a magazine. On the Customer's invitation, others (Editors) can supply texts and/or illustrations for the magazine and contribute to the design of certain pages in the magazine, once they have registered.
When the Customer decides that the magazine design is completed, he can order a printed copy of the magazine, upon payment of a certain price.

3 - Who is Jilster?

Jilster is a webshop owned by Anja Kroodsma, registered at the Dutch Chamber of Commerce (Kvk) under number 09192822. Jilster can be contacted at the 'contact us' section at www.jilster.nl, by e-mail via klantenservice@jilster.nl, or by regular mail, at the following address: Heelsumseweg 26, 6721 GT Bennekom.

4 - To what do these terms and conditions apply?

a) These general terms and conditions apply from the moment the Customer or Editor has registered, and apply to any usage of, any order at, and any agreements made at www.jilster.nl.
b) Any other general terms and conditions, apart from these General terms and (Sales) Conditions, are explicitly excluded, unless otherwise explicitly stated by written agreement. If parties concerned agree to deviate from one of the paragraphs of these General terms and Conditions, the other paragraphs will still be fully maintained.
c) If one or more of the paragraphs of these conditions are declared void by a judicial act,
i. the agreement and the general conditions will be interpreted according to the spirit of the general conditions, as much as possible, and taking into consideration the judicial act;
ii. the voidness will not extend any further than is explicitly stated in the judicial act. In such a case, the other paragraphs of these general terms and conditions will still be fully maintained.
e) All rights and claims that apply to Jilster on the basis of these conditions and on possible further agreements, will also apply to intermediaries and aids that are called in by Jilster.
f) These general terms and conditions have been deposited at the Chamber of Commerce for Central Gelderland.

5 - How does Jilster work?

a) Design stage
After the Customer has registered at www.jilster.nl, he can create a magazine free of charge. Actually, this means that he can use the functionalities in the Jilster application to create a magazine in the newsroom, including text, photos, illustrations, and a cover. After the (working) title of the magazine has been entered, the Customer will be regarded as chief editor of the magazine in question.
b) Editors
During the design stage, and provided the Customer is logged in, the Customer can invite one or more persons (editors) to help design and create the magazine, by designing or editing one or more pages, by adding tekst, photos, images, and illustrations.
The person who is invited will be granted access to the newsroom, after he is registered and the registration has been confirmed; this person will be able to edit one or more pages of the magazine in question. The Customer can also authorize an editor to view and edit all the pages, and play the part of (co)chief editor for this magazine.
c) Duration of design stage
The date mentioned in the confirmation e-mail will be considered as the starting date for the design stage of the magazine. There is no time limit regarding the time that people can work on editing the magazine. When the magazine is finished, it can be ordered. After the order has been placed, the magazine will still be accessible to the chief editor and it can still be edited, for a new order, for example.
d) Ordering stage
The Customer will receive an e-mail to confirm that his order has been placed and payment has been received. Next, the customer will receive an e-mail message when the magazine has entered the production stage. In this e-mail, the expected delivery date will also be stated.

6 - Respect the rights of others

a) On principal, Jilster only acts as an informed party regarding the text, photos, or images used by the Customer and/or Editors, and only insofar this knowledge is essential to the production process. The responsibility for the content of the magazine, in its broadest sense, explicitly lies with the Customer and the Editors.
b) The Customer and the Editors guarantee that their use of photos and texts does not infringe upon the rights of others  – among which are intellectual property rights such as copyrights, portrait rights, neighboring rights and patent rights – and that they will safeguard Jilster from all possible claims regarding the violation of such rights.
c) The judicial and moral obligation to make sure that the content of (design of) his magazine is not illegitimate, offensive, or objectionable lies with the Customer. The Customer will safeguard Jilster against any responsibility and liablilty that is related to these contents. At any rate, this applies to content that is regarded by Jilster as pornographic, hate sowing, or extremist.

7 - Reservations regarding illigitimate/objectionable content

a) Jilster explicitly reserves the right to inform the proper authorities of any content whose usage is potentially punishable by law.
b) Jilster explicitly reserves the right to refuse content that is not in accordance with the demands in this paragraph. If such a case presents itself, Jilster will inform the Customer in writing, stating the motivation for the actions taken, and will cease further processing of the order, without the Customer being entitled to any compensation for damages or restitution of the amount paid.

8 - Liability

a) Jilster cannot be held responsible for loss or damage of the contents, used by the Customer in designing and editing his magazine, nor for any damages, in whatever form, resulting from this loss or damage.
b) Without prejudice to other conditions in these general terms and conditions, Jilster's liability  – except in case of gross negligence of Jilster and its associates – will be limited to
i. Damages as a result of mistakes for which Jilster and its associates can be blamed;
ii. The price paid by the user.
c) The Customer is liable for any direct or indirect damages incurred by Jilster as a consequence of the content (in its broadest sense) of a magazine that is created by the Customer and/or the Editors.

9 - Data and copyright of the Customer and/or the Editors

a) Due to the registration of the Customer or the Editors, Jilster has several personal data at its disposal, such as name, address and e-mail information. Jilster will solely use this information for performing and perfecting the services and products offered by Jilster.
b) Only by explicit consent of the Customer and/or the Editors will their registration and ordering data be used for other purposes.
c) Jilster will not obtain any copyrights or other intellectual property rights pertaining to the magazine and its content, regardless of the development or production stage of the magazine.

10 - Ordering stage

a) When the design of the magazine has been completed, according to the Customer, he can place an order in the Newsroom.
b) The magazine can be ordered in various finishing/design options (such as stitched or adhesive binding).
c) Further restrictions may be imposed upon the customer's order (such as payment or ordering conditions).
d) By completing the ordering procedure the Customer accepts the offer from Jilster and the agreement is finalized.
e) The order will always take place in accordance with the current (general) terms and conditions and pricing.
f) As soon as the ordering procedure has been completed
i. the Customer can no longer cancel the order and he is accountable for payment of the price;
ii. the customer will immediately see a confirmation, stating the total costs, including VAT and shipping costs.
g) The order will only be processed once the payment is fulfilled.
h) Jilster reserves the right to refuse orders that are contradictory to the provisions laid down in these general terms and conditions. If an order is refused, this will be communicated to the customer as soon as possible, stating the reasons for the refusal.

11 - Payment

a) Payment will take place by (one of) the method(s) indicated in the ordering procedure.
b) These are the payment methods:
i. direct and online by credit card (Eurocard, Visa). For credit card payment no extra expenses will be charged.
ii. iDeal: If the Customer has an online bank account at Rabobank, ABN AMRO, SNS Bank or ING (postbank), he can safely pay by digital means. After the order has been placed, the customer can select the iDeal payment method. He will see a new window, in which he can select the bank for his online bank account, and follow the usual procedure for online banking. On principal, the payment will be processed the same day.
c) The Customer authorizes Jilster to perform all actions necessary to fulfill the payment in accordance with the payment method selected by the customer.
d) The date on which the payment is deposited at the Jilster bank account will be considered to be the actual payment date.
e) The receipt of the payment will be confirmed by e-mail, within two working days.
f) All (extra-)judicial costs, of whatever nature, incurred by Jilster as a result of the Customer failing to adher to his (payment) commitments, will be charged to the customer.
g) In case the payment is too late, Jilster is authorized to dissolve the agreement at once, without formal notice, or to postpone (further) delivery until the moment the customer has fully paid the amount due, including the interest and the extra costs.
h) A settlement of outstanding debts is only allowed insofar this is explicitly agreed upon by Jilster.

12 - Pricing

a) The prices on the website are stated in euros, including VAT, but excluding the shipping costs – unless explicitly stated otherwise.
b) An overview of the shipping costs can be fount in the 'pricing' section at www.jilster.nl.
c) Before the agreement is finalized, the total price, including shipping costs, will be displayed on our website.
d) Jilster cannot be bound by price estimates that are clearly a result of errors, such as typos, printing errors or misprints.

13 - Delivery as ready-to-use printed magazine

a) Confirmation of order processing
Jilster aims at processing orders for ready-to-use printed magazines within seven working days after payment is received, but cannot explicitly guarantee this. The Customer will receive an e-mail to confirm the processing of his order.
b) Final delivery date
The final delivery date will be three weeks after the order has been placed and paid for. If it is not possible to deliver an order within  24 days, the Customer will be informed of this as soon as possible, and he will have the right to cancel his order without any charges.
c) The delivery of ready-to-use printed magazines will be handled by the DPD parcel post service.
d) Jilster does not take responsibility for damages regarding the delivered goods, nor for delays in the delivery or other imperfections caused by the delivery by the DPD parcel post service. Subject to explicitly stated conditions in these terms and conditions, delays in delivery dates cannot give cause to cancel the order, dissolve or nullify the agreement, or lay any claim to reimbursements.

14 - Quality of delivered goods

a) All information, images, information given by word of mouth, by phone or by e-mail, and information regarding the products and main product characteristics offered by Jilster, will be rendered, displayed, or supplied as accurately as possible. However, Jilster is not able to guarantee that all offers and products will be in complete accordance with the information given. On principle, deviaton cannot give cause to claims for compensation and/or dissolving the agreement.
b) Complaints about deviations regarding a ready-to-use printed magazineIf the Customer has a complaint about a delivered ready-to-use printed magazine, because it deviates from the order in essential points, the customer can return the delivered goods by mail, together with an accurate and clear description of the difference(s), to the Jilster postal address at Heelsumseweg 26, 6721 GT Bennekom.
d) Complaints will only be rewarded if
i. the delivered goods differ to an important degree and on essential points from what the Customer might expect upon delivery, within reason
ii. the differences have been reported to Jilster as soon as possible, but at the latest one week after receipt of the goods, in writing or by e-mail
iii. the differences are not related to physical damage to the delivered goods, caused by, during or after the delivery of the product
iv. the differences concern technical deficiences in the delivered products and are not caused by photo or image files with insufficient resolution or files that are too highly compressed.
e) Jilster will react within a month to complaints received, according to the terms in this paragraph.
f) If a complaint is deemed valid, the Customer can choose to lay claim to a renewed delivery of the product ordered (if possible), or restitution of the amount paid, including shipping costs. Damages caused by delays, indirect damage or consequential damage cannot be considered for restitution.

15 – Withdrawal

Since
a) the Jilster products are tailor-made, according to the Customer's design
b) the production process starts immediately, or soon after the order has been placed and payment has been received,

it is not possible to withdraw the agreement – in accordance with the law on online purchases – .

16 - Force majeur

In case of circumstances outside his control, Jilster has the explicit right to either postpone the delivery of a Customer's order, or dissolve the agreement without judicial intervention by informing the Customer of this decision in writing. In case of force majeur, Jilster can never be liable to any claims for restitution, unless this would be unacceptable, given the circumstances and measures of what is fair and reasonable.

17 - Applicable law and qualified judge

a) The Dutch law, excluding all other laws, is applicable to the legal relation between Jilster and the Customer, among which are all the rights, obligations, orders and agreements.
b) Regarding disputes between Jilster, Customers, and Editors, the sole qualified authority is the Arnhem court of law.

18 - Questions, complaints, and comments

If you have any complaints, questions, or comments regarding matters and/or situations that do not pertain to the matters regulated by these general terms and conditions or by the agreement, you can always contact Jilster:
klantenservice@jilster.nl, Heelsumseweg 26, 6721 GT Bennekom.

If, after having read these terms and conditions, you have any questions, do not hesitate to contact us.