1. LYSA Publishers (hereafter “LYSA”) is an imprint of Deskey BV (Company number BE0758776956), H. Frère-Orbanlaan 46 – B-9000 Gent (Belgium).
2. These Conditions of Sale apply to all offers made by LYSA and to all contracts between LYSA and the Purchaser, overruling any of the Purchaser’s own terms and conditions.
3. Any LYSA product is sold as is, with no warranties of fitness for any particular purpose.
4. All copyrights, trademark rights, database rights, subsidiary rights and other intellectual property rights shall remain the sole property of LYSA. The Purchaser shall not sell any LYSA products except as agreed with LYSA, or produce derivative works, or make available any part of LYSA products on the internet, with the exception of LYSA’s Open Access products, where the relevant Creative Commons License shall apply.
6. An offer (Pro Forma) made by LYSA is to be considered as non-binding, and may be modified at any time. LYSA is entitled to alter its products’ prices at any time.
7. The price of LYSA products shall be as set by LYSA at the time when the agreement with the Purchaser is concluded and billed based on the rates applicable at the time of the order. All orders are payable in euro. All prices stated for specific products are exclusive of any transport costs or customs duties.
8. Postage and handling are charged depending on the Purchaser’s location. A flat delivery fee is charged per shipment of any number of books: € 10 for BeNeLux, France and Germany; € 20 for Austria, Italy and Great Britain; € 30 for Czech Republic, Denmark, Estonia, Spain, Ireland, Hungary, Lithuania, Latvia, Poland, Sweden and Slovakia; € 50 for all other countries. If the country of the addressee applies import duties or extra charges, these are to be borne by the Purchaser.
9. An order is final and binding from the moment the Purchaser has fulfilled all his payment obligations. LYSA remains the owner of all products supplied until full payment of the price by the Purchaser. When purchased products are delivered to the shipper, the Purchaser shall bear the risk of deterioration and/or loss of merchandise.
10. LYSA or its distributor will issue an invoice to the Purchaser stating products sold, price, shipping costs and taxes and the Purchaser will pay the amount stated on the invoice within 30 days after the date stated on the invoice.
11. In the case of a sale through the LYSA web shop, LYSA will issue an order confirmation stating products sold, price and taxes with regard to the products to the Purchaser after the Purchaser has paid the amount stated on the electronic order form using the online credit card facility. On the LYSA web shop, all prices are shown in euro, VAT included. Ordering through the LYSA web shop implies the unreserved acceptance of these Conditions of Sale.
12. LYSA shall deliver the products to the shipping address supplied by the Purchaser when ordering as soon as possible after receipt of the order, and subject to availability. If the ordered product is in stock it will be delivered within 10 working days within the European Union, minimum 14 working days in the rest of the world. All delivery dates are indicative. Any delay in delivery does not entitle the Purchaser to cancel the order nor shall it entitle the Purchaser to damages. The forwarding or reshipping expenses of returned undeliverable orders will be borne by the Purchaser.
13. Upon receipt, the delivered goods shall be inspected by the Purchaser. If the Purchaser notices a difference between the delivered quantities and those ordered, or an obvious damage, the Purchaser should immediately make a clear note, identifying the transport document, shipping note, receipt or invoice, and inform LYSA in writing. Any complaint, of whatever nature, will not be accepted, unless sent to LYSA before any use of the merchandise and at the latest within 14 days of receipt of the shipment. The Purchaser shall not return any product before receiving LYSA’s prior permission.
14. The Belgian act on trade practices and consumer protection allows customers to cancel an order within 14 working days of receipt of the product. In order to cancel an order, the Purchaser should notify LYSA and send back the books in their original, undamaged packaging, with the invoice or delivery document and/or the original address label to LYSA Publishers, H. Frère-Orbanlaan 46, B-9000 Gent (Belgium). The cost of returning the product to LYSA must be borne by the Purchaser. Returns must be securely packed and remain the property and responsibility of the Purchaser until receipt by LYSA. Returned products must be received in a mint, resalable condition. LYSA reserves the right to refuse credit or returns received in an unsatisfactory condition. The Purchaser will be informed of these unaccepted returns. The reimbursement shall be made after receipt of the proof of the shipment and of the products themselves.
15. The nullity or invalidity of one of the provisions of these Conditions of Sale shall never make the whole Conditions null or invalid. All contracts and obligations, as well as these terms and conditions of sale, shall be governed by Belgian law only.