General Terms and Conditions Arimpex

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: an announcement 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 an 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 on behalf 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 Advertiser on behalf of which 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 and 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, the Advertising Agreements with Business Advertisers are also subject to the General Advertising Terms and Conditions of Arimpex (http://www.arimpex.nl/advertentievoorwaarden). In the event of any discrepancy, 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 is or becomes 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 otherwise indicated, the amended Terms will take effect on the date they are published on www.arimpex.nl/voorwaardenclassifieds. As of that date, the amended Terms will also automatically apply to all existing Advertisement Agreements and to any future use of the Publication. In the event of a change to the Terms that results in Arimpex providing a materially different performance than agreed, the Advertiser has the right to terminate the Supply Agreement within four (4) weeks after the relevant change takes effect.

Article 3. Advertisement Agreement

An Advertisement Agreement is only established after written confirmation by Arimpex to the Advertiser that the Advertisement will be placed, or by publication of the Advertisement in the Publication. This is subject to the rates and other provisions and rules of conduct as stated in the Publication, as well as the Terms.
Placement in the Publication takes place for 28 days, unless otherwise agreed in writing by Arimpex and the Advertiser
By entering into a Subscription, the Advertiser grants Arimpex, insofar as legally required, permission to retrieve, (re)use, copy and (have) place in the Publication, in full and 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 (have) place the information contained in the Advertisement, including any photographic material and/or hyperlinks, in the Publication.
Arimpex is entitled to (have) place the Advertisement, in whole or in part, in modified form or otherwise, in other media of the Arimpex group and/or media of third parties, 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 entitlement thereto or object thereto, and has 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 adjusted as soon as a product or service offered therein is no longer available.
If the Advertiser removes the Advertisement, the remaining placement period for that Advertisement automatically expires, without the Advertiser being entitled to a refund of the amount due for the placement of the Advertisement.
Advertiser indemnifies Arimpex against all damages and any claims 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 which, by digitally purchasing a product or service from Arimpex, is 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. Dissolution

A Private Advertiser has the right to dissolve 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 been started with the prior consent of the Private Advertiser within the period referred to in paragraph 1, and the Advertising Agreement has been fully fulfilled by Arimpex within that period, then the right of withdrawal lapses at the moment the Advertising Agreement has been fully fulfilled.
If the execution of the Advertising Agreement has commenced at the request of the Private Advertiser during the period referred to in paragraph 1, but the Advertising Agreement has not yet been fully fulfilled by Arimpex, then in the event of withdrawal in accordance with paragraph 1 of this article, the agreed fee for the period from the start of the placement of the Advertisement until withdrawal will 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 any reason placement in the reserved advertising space is not possible, Arimpex, without being liable for any compensation towards the Advertiser, will use its best efforts to offer the Advertiser as equivalent an alternative 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 expressions that conflict with 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 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.
Information provided by the Advertiser in an Advertisement or in subsequent contact must relate directly 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, to shorten or amend the texts of Advertisements and/or to remove hyperlinks or photographic material included therein, without giving reasons. Arimpex will do so in any case, though not exclusively, in the event of a violation of the Terms or 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 place Advertisements that are submitted after the closing time or that do not comply with the requirements referred to in this article, or to charge the Advertiser for the additional costs involved in placing 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 placed on the Publication after Arimpex has received the amount due for the Advertisement.
In the case of payment via direct debit, the amount will be collected immediately after Arimpex's prior notification of the direct debit.

Article 8. Credit

In some cases, the Advertiser can build up a credit with Arimpex that can be used for payment of Advertisements to be placed in the future.
Accumulated credit can only be used for placing Advertisements. The credit will not be paid out in cash.
Unless otherwise agreed, credit expires one year after the credit 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 with respect to the completeness, accuracy or reliability of the content of the Publication, or with respect to 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 being offered, and for the consequences of the formation of an Agreement between Advertiser and User.
Any liability of Arimpex 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 respect to Business Advertisers, it applies that a condition for the establishment of any right to compensation is that the Business Advertiser reports the damage to Arimpex in writing as soon as possible after it occurs. If no written notification is made to Arimpex within eight days after the damage occurred or the moment at which the damage could reasonably have been discovered, all rights of the Business Advertiser under this article shall lapse.
Any liability of Arimpex for indirect damage of Advertisers or Users, including consequential damage, loss of profit, missed savings, damage due to business interruption and damage due to loss of data, is explicitly 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 or she is 16 years of age or older, or has obtained permission from his or her 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 grant third parties access to a Publication using his account;
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 through 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 inform 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 remove an account, or to block access to an account, whether temporarily or not, if (there is a suspicion that) the User or Advertiser is acting or has acted in violation of the Terms or of Arimpex's code of conduct, as published in the Publication, or is otherwise acting unlawfully.

Article 11. Bidding

Bidding on advertised products via the Publication is without obligation and serves as an opportunity for the Advertiser and the User to connect with each other. The ultimate 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 for bids to be placed on Advertisements if the User is not genuinely interested. Abuse of the bidding option in 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 progress of the Agreement with an Advertiser. If, in Arimpex's opinion, the User abuses 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

Personal data is collected in connection with the operation of the Publication. The party responsible for the processing of this personal data is Arimpex Media Services in Amsterdam.
Arimpex's Cookie and Privacy Statement applies to the processing of the data referred to in paragraph 1 of this article.
Users and Advertisers are only permitted to use the (personal) data and/or contact forms obtained through the Publication for the purpose of concluding a possible Agreement. Use for any other purpose, including sending (unsolicited) communications whose content does not directly relate to the content of the Advertisement, regardless of whether these are messages of a commercial nature, and the collection of email addresses of Users and/or Advertisers, is prohibited.

Article 14. Security

Arimpex makes reasonable efforts to secure its systems against loss and/or against 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 Edition or parts thereof, or to (attempt to) obstruct or restrict its use by third parties.

Article 15. Third-party sites and services

The Edition 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 provided by 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 Edition

Arimpex allows Users, in principle, to place (deep)links to the Publication on other websites, as long as these (deep)links result in a correct, up-to-date and complete search result on the Publication. Arimpex is entitled to withdraw the permission at any time, at its own discretion and without giving reasons, by means of a written notice to the User. The User must then remove the (deep)links to the Publication within one week of receiving the notice and keep them removed.
The use of software or any automated system to obtain information from the Publication ("scraping") is prohibited, unless this is done with the explicit permission of 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 the law, public order, morality and/or the Terms are violated in any way, 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 explicitly reserves the copyrights with regard 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 obtain prior 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 permission previously granted 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, they are 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 submitted exclusively to the competent court in Amsterdam.

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

Our terms and conditions were last modified on June 3, 2018.

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