Arimpex Terms and Conditions

GENERAL TERMS AND CONDITIONS CLASSIFIEDS

ARIMPEX MEDIA SERVICES

I GENERAL

Article 1. Definitions

In these terms and conditions, the following definitions apply:

Subscription: the Advertising Agreement between Arimpex and Advertiser regarding the syndication of Advertisements that Advertiser places on its Website, in the Publication;

Advertisement: a message placed in the Publication, offered for that purpose or – in the case of a Subscription – placed on the Advertiser's Website, in which goods and/or services are offered or requested;

Advertiser: both the Private Advertiser and the Business Advertiser;

Advertising Agreement: the agreement between Arimpex and Advertiser regarding the placement of one or more Advertisements, which also includes a Subscription;

User: anyone who, other than as Advertiser, makes use of the Publication;

Private Advertiser: the natural person who is not acting in the exercise of a profession or business and who enters into an Advertising Agreement with Arimpex;

Publication:the print or digital publication issued by Arimpex, which also includes (mobile) websites and (mobile) applications, in which an Advertisement is offered by an Advertiser or for the benefit of which the Advertiser has entered into an Advertising Agreement;

Agreement:an agreement between Advertiser and User regarding the purchase of (one or more) products and/or services offered or requested in the Advertisement;

Terms:these general terms and conditions Classifieds Arimpex;

Website:the website of the Advertiser for the benefit of which the Advertiser enters into a Subscription with Arimpex._

Business Advertiser:the legal entity or the natural person acting in the exercise of a profession or business who enters into an Advertising Agreement with Arimpex.

Article 2. Applicability

  • These Terms apply to the relationship between Advertisers and Users respectively on the one hand and Arimpex on the other hand. By using the Publication, placing an Advertisement and/or entering into an Advertising Agreement, User or Advertiser declares to be familiar with and agree to these Terms.
  • These Terms explicitly do not apply to the relationship between Advertisers and Users among themselves. Third parties, such as copyright holders, cannot derive any rights from these general terms and conditions.
  • In addition to these Terms, Advertising Agreements with Business Advertisers are also subject to the General Advertising Terms and Conditions of Arimpex (http://www.arimpex.nl/advertentievoorwaarden). In case of deviation, these Terms shall prevail.
  • The applicability of any general terms and conditions of the Advertiser and/or User is excluded.
  • If one or more provisions of these Terms are or become non-binding, the relevant provision shall be replaced by a provision that is binding and that corresponds as closely as possible to the intent of the non-binding provision.
  • Arimpex has the right to unilaterally amend the Terms. Unless indicated otherwise, the amended Terms shall take effect on the date on which they are published on www.arimpex.nl/voorwaardenclassifieds. As of that date, the amended Terms shall also automatically apply to all existing Advertising Agreements and to any future use of the Publication. In the event of an amendment to the Terms that results in Arimpex providing a materially different performance than agreed, the Advertiser has the right to terminate the Delivery Agreement within four (4) weeks after the relevant amendment takes effect.

Article 3. Advertising Agreement

  • An Advertising Agreement is only established after written confirmation by Arimpex to the Advertiser that the Advertisement will be placed, or through publication of the Advertisement in the Publication. The rates and other provisions and rules of conduct as stated in the Publication, as well as the Terms, shall apply.
  • Placement in the Publication takes place for 28 days, unless otherwise agreed in writing by Arimpex and Advertiser
  • By entering into a Subscription, the Advertiser grants Arimpex, insofar as legally required, permission to fully retrieve, (re)use, copy, and (have) place in the Publication, in an automated or non-automated manner, the Advertisements published on the Website during the term of the Subscription, including any photographic material and/or hyperlinks.
  • By submitting an Advertisement, the Advertiser grants Arimpex permission to place, or have placed, in the Publication the information contained in the Advertisement, including any photographic material and/or hyperlinks.
  • Arimpex is entitled to (have) place the Advertisement, either in full or in part, in an altered or unaltered form, in other media of the Arimpex group and/or third-party media, as well as to use it for advertising or commercial purposes for the benefit of the Publication and other media within the Arimpex group. These options are solely at Arimpex's own discretion; the Advertiser cannot claim any right to this or lodge any objection against it, and shall have no right to any compensation in this regard. If the Advertisement is placed in any environment other than the Publication, Arimpex is entitled not to include any photos and/or hyperlinks.
  • The Advertiser is obliged to ensure without delay that the Advertisement is removed or amended as soon as a product or service offered therein is no longer available.
  • Removal of the Advertisement by the Advertiser automatically results in the remaining placement period for that Advertisement lapsing, without the Advertiser being entitled to a refund of the amount owed for the placement of the Advertisement.
  • Advertiser indemnifies Arimpex against all damage and any claim from third parties arising as a result of the use of the Advertisement in accordance with this article.
  • Arimpex uses the services of Mollie for the payment process when placing private advertisements. Both Mollie and Arimpex share data with each other to ensure the payment process runs smoothly. If
  • Arimpex uses the financial institution Mollie. Mollie processes data of private advertisers who, by digitally purchasing a product or service from Arimpex, are taken over by Mollie's payment services during the payment process. This ensures a secure way of processing the personal data of Arimpex's customer. For more information: Click HERE for Mollie's privacy statement.

Article 4. Termination

  • A Private Advertiser has the right to terminate the Advertisement Agreement within a period of 14 days after entering into the Advertisement Agreement by sending an unambiguous statement to that effect to Arimpex.
  • If the execution of the Advertising Agreement has started with the prior consent of the Private Advertiser within the term referred to in paragraph 1, and the Advertising Agreement has been fully performed by Arimpex within that term, the right of withdrawal shall lapse at the moment the Advertising Agreement has been fully performed.
  • If the execution of the Advertising Agreement has commenced at the request of the Private Advertiser during the term referred to in paragraph 1, but the Advertising Agreement has not yet been fully performed by Arimpex, then, in the event of termination in accordance with paragraph 1 of this article, the agreed fee for the period from the start of the placement of the Advertisement until termination shall be charged to the Private Advertiser (on a pro rata basis).
  • The provisions of this article do not apply to Advertising Agreements with Business Advertisers.

Article 5. Reservation of advertising space Publication

  • Reservation of advertising space in a Publication is always subject to availability.
  • If for whatever reason placement in the reserved advertising space is not possible, Arimpex will, without being liable to pay any compensation to the Advertiser, use its best efforts to offer the Advertiser an alternative that is as equivalent as possible, or to refund the amount already paid for the relevant Advertisement to the Advertiser.

Article 6. Content and submission of the Advertisement

  • The Advertiser is solely responsible for the content of the Advertisement. Advertisements may not contain statements that are contrary to applicable laws and/or regulations (including the Dutch Advertising Code), nor may their content infringe upon the (intellectual property) rights of third parties. The Advertiser indemnifies Arimpex, both in and out of court, against claims by third parties in this regard and against all damages suffered or to be suffered by Arimpex as a result thereof or in connection therewith.
  • The Advertiser shall ensure that the description of an offered product or service corresponds to reality and is accurate, complete, and not misleading.
  • The information provided by the Advertiser in an Advertisement or in subsequent contact must be directly related to the product being sold or sought. The Advertisement may not be used as a general means of communication and may not serve to promote the Advertiser's services and/or products in general.
  • Arimpex reserves the right to remove Advertisements prematurely without giving reasons, to shorten or amend the texts of Advertisements and/or to remove hyperlinks or photographic material included therein. Arimpex will in any case, but not exclusively, take such action in the event of a violation of the Terms or of Arimpex's code of conduct, as published in the Publication, or in the event of any other unlawful act. In the latter case, the Advertiser shall not be entitled to a refund or any form of compensation.
  • The Advertisement must be submitted to Arimpex before the closing time specified by Arimpex and in accordance with the specifications published by Arimpex. The Advertiser bears the risk of correct and timely delivery of the Advertisement material, regardless of the method of dispatch.
  • Arimpex is entitled not to publish Advertisements that are submitted after the closing time or that do not comply with the requirements set out in this article, or to charge the Advertiser for the additional costs involved in publishing them, without prejudice to the Advertiser's obligation to pay an amount deemed reasonable by Arimpex, up to a maximum of the full amount involved with the relevant Advertisement.

Article 7. Rate and payment

  • Payment is required from the Advertiser for certain Advertisements. The applicable rates are stated in the Publication or on the website of the Publication. All rates are exclusive of VAT, unless stated otherwise.
  • In the case of a paid Advertisement, the Advertisement will be published on the Publication after Arimpex has received the amount due for the Advertisement.
  • In the case of payment by direct debit, the amount will be collected immediately after Arimpex's prior notification of the debit.

Article 8. Credit

  • In some cases, the Advertiser can build up a credit with Arimpex that can be used for the payment of Advertisements to be published in the future.
  • An accumulated balance can only be used for placing Advertisements. The balance will not be paid out in cash.
  • Unless otherwise agreed, the balance expires one year after the balance was created.

Article 9. Liability

  • Arimpex takes constant care and attention regarding the content, composition, functioning and availability of its Publication. Nevertheless, Arimpex does not provide any guarantees regarding the completeness, accuracy or reliability of the content of the Publication, or regarding the functioning and availability of the Publication, nor does Arimpex guarantee that the information contained in the Publication is suitable for the purpose for which it is consulted.
  • Arimpex is not liable for damage that directly or indirectly results from the use that Advertisers or Users make of the Publication or from the – whether temporary or not – reduced or non-functioning of the Publication. Arimpex is not liable for the conduct of Advertisers or Users, for the content of Advertisements, for the products and services offered, and for the consequences of the establishment of an Agreement between Advertiser and User.
  • Arimpex's liability for its obligations under an Advertising Agreement is furthermore limited to a maximum of the total amount that the Advertiser has paid or owes for the placement of the relevant Advertisement.
  • With regard to Business Advertisers, a condition for any right to compensation to arise is that the Business Advertiser reports the damage to Arimpex in writing as soon as possible after it occurs. If no written report is made to Arimpex within eight days after the damage occurred or the moment at which that damage could reasonably have been discovered, all rights of the Business Advertiser under this article shall lapse.
  • Any liability of Arimpex for indirect damage suffered by Advertisers or Users, including consequential damage, loss of profit, missed savings, damage due to business interruption, and damage due to loss of data, is expressly excluded.

Article 10.

Creating an account

If an Edition offers the possibility to create an account, the following conditions apply:

  • The information provided when creating an account must be complete and accurate;
  • Users and Advertisers under the age of 16 must have permission from their parents or legal representatives to create an account. By creating an account, the User or Advertiser guarantees that he is 16 years of age or older, or has obtained permission from his parents or legal representatives to do so;
  • It is not permitted to create an account in someone else's name or to assume a false identity;
  • The User or Advertiser is responsible for keeping his username/login code and password strictly confidential;
  • The User or Advertiser is not permitted to use his account to grant third parties access to a Publication;
  • The User or Advertiser is fully responsible and liable for all use of his username/login code and password and for all actions carried out via his account.
  • If and as soon as a User or Advertiser suspects that unauthorized use is being made of their login code, password, account and/or identity, they must notify Arimpex immediately. In that case, Arimpex is entitled to take all measures it deems necessary to protect its Publication and the other users, and the User or Advertiser must provide full cooperation in this regard;
  • Arimpex reserves the right to refuse or delete an account, or to block access to an account temporarily or otherwise, if (it is suspected that) the User or Advertiser is acting or has acted in violation of the Terms or the code of conduct of Arimpex, as published in the Publication, or is otherwise acting unlawfully.

Article 11. Bidding

  • Bidding on advertised products via the Publication is done without obligation and serves as an opportunity for the Advertiser and the User to connect with each other. The eventual conclusion of an Agreement takes place in direct contact between the Advertiser and the User. Arimpex is in no way a party to this.
  • It is explicitly not intended that bids be placed on Advertisements if the User is not genuinely interested. Misuse of the bidding process on the Publication will not be tolerated and may result in exclusion from use.

Article 12. Feedback

  • In some cases, the Publication offers Users the option to provide feedback regarding the course of the Agreement with an Advertiser. If, in Arimpex's opinion, the User misuses the option to provide feedback, for example by using offensive language, Arimpex may block this User's access to the Publication.
  • Advertisers are not permitted to provide feedback on their own Advertisement on the Publication (whether or not by using other email addresses).

Article 13. Privacy

  • In the context of operating the Publication, personal data is collected. The party responsible for processing this personal data is Arimpex Media Services in Amsterdam.
  • The processing of the data mentioned in paragraph 1 of this article is subject to Arimpex's Cookie and Privacy Statement.
  • Users and Advertisers are only permitted to use the (personal) data and/or contact forms obtained via the Publication for the purpose of concluding a possible Agreement. Use for any other purpose, including sending (unsolicited) communications whose content is not directly related to the content of the Advertisement, regardless of whether the messages are of a commercial nature, and collecting email addresses of Users and/or Advertisers, is prohibited.

Article 14. Security

  • Arimpex makes reasonable efforts to secure its systems against loss and/or any form of unlawful use and takes appropriate technical and organizational measures for this purpose, taking into account, among other things, the state of the art.
  • However, Arimpex is not liable for loss of data, damage to files, unlawfully obtained access to computers or files, viruses or other unlawful programs or files spread via Advertisements, or any other consequence of the use made of the Publication.
  • It is prohibited to (attempt to) bypass, disable, or otherwise influence the security of the Publication or parts thereof, or to (attempt to) obstruct or restrict its use by third parties.

Article 15. Third-party sites and services

  • The Publication and Advertisements may contain references (for example, by means of a hyperlink, banner, or button) to third-party websites. Arimpex has no control over these websites and is not responsible for the content of these websites.
  • If and insofar as use is made of services from external service providers, the terms and privacy policies of these service providers apply. Arimpex is not responsible for the legal actions or policies of these service providers.

Article 16. (Deep) linking to and scraping of the Publication

  • Arimpex generally allows Users to place (deep)links to the Publication on other websites, as long as these (deep)links provide a correct, current, and complete search result on the Publication. Arimpex is entitled to revoke this permission at any time, at its own discretion and without stating reasons, by means of a written notice to the User. The User must then remove the (deep)links to the Publication and keep them removed within one week after receiving the notice.
  • The use of software or any automated system to obtain information from the Publication ("scraping") is prohibited, unless this is done with explicit permission from Arimpex and makes use of the functionality offered by Arimpex (for example, an API connection).

Article 17. Exclusion

Arimpex reserves the right to exclude Advertisers and Users from any use of the Publication if they act in any way in violation of the law, public order, morality, and/or the Terms, without prejudice to Arimpex's right to take legal action and/or claim damages.

Article 18. Intellectual property rights

  • All (intellectual) property rights to the Publication, including copyright, trademark, database and trade name rights, rest exclusively with Arimpex and/or its licensor. The foregoing does not apply to the content of placed Advertisements. The (right to) use of a Publication in no way implies the existence of any transfer, license or other right of use with respect to these rights to the User.
  • Arimpex expressly reserves the copyrights to the Publication. It is therefore not permitted – without the prior consent of Arimpex – to reproduce or disclose the Publication in whole or in part in any way whatsoever, with the exception of the deep links permitted under Article 16. Mentioning Arimpex as the source does not change this.
  • For the full or partial reproduction or other disclosure of a Publication, the User must first request permission from the editorial staff and/or publisher of the relevant Publication. Whether this permission is granted and under what conditions is determined on a case-by-case basis, and the user cannot rely on previously granted permission or permission granted to third parties. Costs may be associated with the reproduction of content with permission, the amount of which is determined by Arimpex.
  • If the User infringes on the rights of Arimpex, he is responsible for all damages suffered by Arimpex as a result thereof, including the costs of detection and legal assistance.

Article 19. Choice of law and dispute resolution

  • Dutch law applies to these Terms.
  • Disputes regarding the Advertising Agreement and/or these Terms shall be exclusively submitted to the competent court in Amsterdam.

A Private Advertiser and a User who is not acting in the course of a profession or business can also submit a dispute regarding the Advertising Agreement and/or these Terms to the European online dispute resolution platform (http://ec.europa.eu/consumers/odr/).

Our terms were last modified on 03 June 2018.

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