Terms and Conditions

Welcome to With love, the author

Welcome to www.withlovetheauthor.com (Website) and thank you for your visit.

These terms and conditions (the “Terms and Conditions”) apply as from August 1, 2019, to any use of the withlovetheauthor.com website (both via your computer and via mobile equipment or any other software application), to all services provided by With love, the author and to all agreements entered by With love, the author for the use of the Website and the services.

By visiting our Website you agree to these Terms. With love, the author advises everyone (a “User”) who uses the Website or one of these services, to read these Terms and Conditions in advance. With love, the author can change these Terms from time to time. Therefore we recommend that you read them regularly.

1. With love, the author is a sales platform for authors to readers

    1. With love, the author is a platform where an author (hereafter Seller) can place books and a reader / user / buyer (hereafter Buyer) can purchase these books, with or without a personalized message.
    2. With love, the author is not a party to the agreement that is concluded between a Seller and a Buyer. In the event of conflicts, the Seller and the Buyer must come to a solution together. If this does not happen, see 3.3 and 3.4 of Order and delivery.
    3. With love, the author only takes care of the transaction between the Seller and the Buyer, whereby commission is charged on the price of the product sold.

2. Offer

  1. With love, the author, is free to no longer allow the author to offer certain books for sale on the Platform. The Seller will cease the offer of the book in question with immediate effect and will cease sales at the request of With love, the author. If the book is nevertheless still offered on the Platform, With love, the author, is entitled to remove the book in question.
  2. With love, the author is entitled to not include the offer or certain information mentioned by the Seller with regards to the offer on the Platform or to remove it from the Platform if, in the opinion of With love, the author, this information is not correct or misleading, or contrary to these terms and conditions, or may be harmful to the branding of With love, the author, the Platform or third parties.
  3. The Seller does not have to offer a return when it concerns signed copies. Web shop law (in The Netherlands) says that personalized products do not have to be accepted for returns, so refusing a return request is legally permitted (This may be different in your country).

3. Order and delivery

  1. The Buyer purchases product at With love, the author, after which the Seller who offers the book is informed of the sale by email.
  2. When the Buyer has transfered the payment, an agreement has been concluded between the Seller and the Buyer.
  3. The Buyer has no right of return when it concerns personalized products. If the product is not personalized, the Buyer can return the product to the Seller within 14 days. The Buyer must contact With love, the author, about this.
  4. The author must send the book within 1-8 working days, with or without a personalized message and / or signature.
  5. Seller must send shipment with tracking code and forward this tracking code to Buyer. The Seller is the proprietor of the shipment until the shipment has arrived at the address specified by the Buyer. Only then ownership is transferred to the Buyer.
  6. If a dispute arises as a result of the order and / or delivery and the Buyer and Seller cannot resolve it together, one of the parties can turn to the Consumers Association in his or her own country. You can also contact With love, the author, who may act as a mediator in the matter.
  7. If With love, the author finds that the Seller is in default, With love, the author will undertake steps to resolve this with the Seller regarding this issue. In this case the Seller must refund the total amount to the Buyer.

4. Payment

Buyer

  1. Once the order has been obtained by Buyer and payment has been completed, Buyer has concluded a valid agreement with Seller. See also 3.1, 3.2 and 3.3.

Seller

  1. The Seller pays a fee to the platform for each book sold. This brokerage contribution is 25% (excluding VAT). This means that 25% of the sales price (VAT excluded) goes to With love, the author.
  2. With love, the author collects customers’ payments.
    1. Shipping costs included. This fee will be paid out entirely to the Seller, so that Seller can pay for the shipment with these funds.
  3. With love, the author pays Sellers once the commission threshold of € 50 is reached, unless otherwise agreed.
  4. With love, the author pays the transaction costs for purchases. These costs are deducted from the commission With love, the author receives.

5. We give no satisfaction guarantees

We cannot guarantee that our services will always meet your expectations. We also cannot guarantee that the Website will function without errors and / or that continuous and / or secure access to the Website or parts thereof can be obtained. All information and numbers on the Website are subject to spelling or typing errors.

6. Limitation of liability With love, the author 

We exclude, to the extent permitted by law, liability for all damages suffered by a User as a result of:

(i) use of the services of With love, the author;
(ii) the Website or parts thereof that are not or not securely available
(iii) incorrect information on the Website;
(iv) purchase of products at the Website; or
(v) changes in the services of With love, the author or changes in or on the Website.

7. Protection of your privacy

Our Privacy policy explains how we handle your personal information and how we protect your privacy when you use our Website.

8. Misuse of the Website and its consequences

For your safety and to prevent abuse, email addresses are blocked by With love, the author, your response to a book or product and any follow-up messages between Buyer and Seller are sent via the Yourhosting servers. In order to report illegal and infringing sales, offensive content and other problems, we request that you contact us.
If we receive instructions and / or complaints from other users or if for other reasons we believe that a particular User is not acting in accordance with the law and / or the Terms of Use and / or the Privacy policy, then we are allowed to – if we see reason to do so – take the following measures for safety reasons and to protect our users, among other things. With love, the author can also take these measures if you make unreasonable use of the Website, for example if your use hinders other users or disrupts the proper functioning of the Website:

  1. With love, the author can exclude the relevant User from the services of With love, the author or limit certain functionalities for this User. Measures that Love, the author can take, for example, are the suspension of the account of the relevant User, the removal of reviews, and/ or the limited placement of products or comments;
  2. With love, the author can remove one or more products from the User without refunding the amount paid by the User.

With love, the author can process the personal data of those involved in the context of the aforementioned measures. If there is reason to do so, With love, the author can pass on the personal data of those involved to third parties, for example to the police, within the limits of the law. This is further described in our Privacy policy.

9. Changes to the services and the Website

With love, the author can change the Website or parts thereof at any time. We can also change or terminate our services at any time. We will endeavor to announce such a change or termination within a reasonable period of time before it is implemented.

10. Third-party websites and services

The Website contains references to the websites of third parties (for example by means of a hyperlink or banner). With love, the author has no influence on the content of these websites. The (privacy) policy of the third-party website applies to the content found on that website. If you have questions about the rules from third-party websites, please refer to the policy on their respective websites. This also applies to using the services of external service providers, such as third-party payment services. The use of these services will then fall under the (privacy) rules of the relevant service provider.

11. Complaints procedure

Complaints about the services of With love, the author can be submitted via our contact form. We strive to respond as quickly as possible. However, mutual disputes between the Seller and the Buyer must be resolved by these two parties, unless the Seller fails to cooperate.

12. Other provisions

With love, the author is based in [volgt snel]. With love, the author has VAT number [volgt snel] and is registered with the Chamber of Commerce under number [volgt snel].

With love, the author can change the Conditions or parts thereof at any time. With love, the author will endeavor to announce such a change within a reasonable period of time before they are being implemented. The changes take effect within a reasonable period of time after they have been announced, or after you have used the Website and / or the services of With love, the author again.

If we do not enforce a provision in the Terms and Conditions now, this does not mean that we waive the right to enforce this at a later time or against another User. Agreements that deviate from the provisions stated in the Terms and Conditions are only valid if they are confirmed in writing by With love, the author. If one or more provisions of the Conditions are declared invalid by a competent court, this does not affect the other provisions stated in the Conditions.

Notifications to With love, the author (other than with regards to infringing or otherwise unlawful Advertisements) can be sent to us via the contact form. Notifications to Users will be sent to the specified email address, or by registered mail if there is reason to do so and an address is available. Notifications made by registered mail will be deemed to have been received 5 (five) working days after the date of sending.

With love, the author is at all times entitled to transfer its rights and obligations from the agreements that relate to the services of With love, the author. Users will be informed about this.

These Terms and Conditions constitute the entire agreement between With love, the author and the User and replace all previous agreements. The agreements that follow from all services of With love, the author and the Terms and Conditions are governed by Dutch law. In the event of a dispute arising from these agreements or from the Terms and Conditions, the court in Rotterdam will have sole jurisdiction. If the User acts as a consumer (a natural person who does not act in the capacity of a profession or business), then this User also has the option to refer to the jurisdiction of the Rotterdam District Court within one month after settlement of the dispute by choosing a different competent court according to the law.