Terms of use

Welcome to newinchess.com. New In Chess is a trading name of Interchess B.V. We provide a wide range of services. New In Chess is a publisher of chess periodicals and chess books, both in print and digitally. We also provide an online shop with chess books and chess articles like sets and clocks.

Please review our Privacy Policy to learn more about how we use any information you provide about yourself.

These Terms were last updated on July 18, 2018.

Product descriptions

New In Chess attempts to be as accurate as possible with our product descriptions in the shop. However, New In Chess does not warrant that product descriptions or other content of any product on newinchess.com is accurate, complete, reliable, current, or error-free. If a product offered by New In Chess itself is not as described, your sole remedy is to return it in unused condition.

The offer

The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable you to assess the products, or services and/or digital content adequately. If New In Chess makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind New In Chess.

The contract

The contract becomes valid when you have accepted the offer and fulfilled the terms and conditions set. If you accepted the offer via electronic means, New In Chess shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, you may repudiate the contract.
If the contract is concluded electronically, New In Chess will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If you will pay electronically, New In Chess shall observe appropriate security measures.

Right of withdrawal

In case of products:
You can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. New In Chess may ask you about the reason for the withdrawal but cannot force you to state your reason(s).
The reflection period starts on the day the product is received by you or by a third party appointed by you in advance.

In case of services and digital content that is not delivered on a physical carrier:
You can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. New In Chess may ask you about the reason for the withdrawal but cannot force him to state his reason(s).
The reflection period starts on the day following the conclusion of the agreement.

Pricing

Despite our best efforts, a small number of the items in our webshop may be mispriced. If the correct price of an item sold by New In Chess is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Payments

The amounts to be paid by you will be settled immediately after placing the order. New In Chess offers multiple payment options in the webshop: credit card (both Visa and MasterCard) and PayPal are available in all markets. Other payment methods like iDeal or Sofortbanking are available in specific markets. If you want to pay after you have received the order, please send us an email at nic@newinchess.com

Consumer’s obligations during the time of reflection

During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the product. The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.

Exercising the Consumer’s right of withdrawal and the costs

If you exercise your right of withdrawal you shall notify New In Chess unambiguously with the standard form for withdrawal within the period of reflection.
You shall return the product or deliver it to New In Chess as soon as possible but within 14 days counting from the day following the notification.

You shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by New In Chess.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on you.

You shall bear the direct costs of returning the product.

New In Chess' obligations in case of withdrawal

New In Chess shall reimburse all payments made by you, as soon as possible but within 14 days following the day on which you notified New In Chess of the withdrawal.
New In Chess shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, New In Chess need not reimburse the additional costs for the more expensive method.

Print subscriptions and Cancellation

New In Chess offers different types of subscriptions for our New In Chess magazine and Yearbook. All payments (including any applicable taxes) must be made in advance in euro or US dollar as specified by New In Chess.

Auto-renewal

Our Quarterly Subscription and 1-year Subscription periods are ‘auto renewal’. You agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. A Subscription automatically renews unless you notify us of your wish to stop the Subscription. Your account will be charged for renewal within 24-hours to the end of the current period, for the same period and at the current subscription rate for the product.

Our 2-year and 3-year Subscriptions will end automatically at the end of the Subscription period.

Cancellation

You have the right to cancel your ‘auto renewing’ Subscription at any time. After the initial active subscription period, you will be refunded all issues that haven’t been sent to you.

You cannot cancel a 2-year or 3-year Subscription. It will end automatically at the end of the Subscription period.

Disputes

Should you have any queries please contact our customer service centre

Digital Subscriptions and Cancellation

New In Chess offers different types of subscriptions giving access to a Digital Application. New In Chess reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time. All payments (including any applicable taxes) must be made in advance in euro or US dollar as specified by New In Chess. You are responsible for the payment of all charges associated with the use, by you or someone else, of a Digital Application using your ID.

Digital Subscriptions via iTunes

If you subscribe via a partner like iTunes, payments will be charged to your iTunes account at confirmation of purchase. No cancellation of a current subscription is allowed during an active subscription period.

Renewal

You agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. Your account will be charged for renewal within 24-hours to the end of the current period, for the same period and at the current subscription rate for the product.

Cancellation

You have the right to cancel your Subscription at any time. Please note that by placing your order you agree that your Digital Subscription will start immediately and you acknowledge that you will lose your right to a refund in relation to any issues that have been published before you cancelled.

Disputes

Should you have any queries please contact our customer service centre.

Intellectual Property

The contents and design of any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with a Digital Application (such contents, design and materials being collectively referred to as the "New In Chess Content"), is copyright of New In Chess and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the "New In Chess" name and logo or other trade names appearing on any Digital Application) for any reason without written permission from New In Chess. The software that operates all Digital Applications is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, engineer, reverse engineer, modify or otherwise deal with the software.

Use of New In Chess Content

All New In Chess content is strictly for personal, non-commercial use only.

You may retrieve and display New In Chess Content on a computer screen or mobile device and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any New In Chess Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from New In Chess:

  • reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of New In Chess Content; or
  • modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of New In Chess Content (including as part of any library, archive or similar service) without the prior written consent of New In Chess; or
  • remove the copyright or trade mark notice from any copies of New In Chess Content made under these Terms.

Any use of New In Chess Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to New In Chess: nic@newinchess.com and may be subject to a fee.

Registration, Passwords and Responsibilities

You are responsible for keeping your information and passwords up to date and confidential.

Certain areas or features of the Digital Applications may only be open to registered users. You are solely responsible for the confidentiality and use of and access to New In Chess Content and the Digital Applications using your user name and/or password. You agree to immediately notify New In Chess if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any New In Chess Content. You will provide New In Chess with accurate, complete registration information and inform New In Chess of any changes to such information. For the purpose of confirming your compliance with these Terms, New In Chess reserves the right to monitor and record activity on the Site and Digital Applications, including access to New In Chess Content.

Each registration and subscription is for the personal use of the registered user or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. New In Chess does not allow multiple users (networked or otherwise) to access any Digital Application through a single name and password and may cancel or suspend your access to a Digital Application if you do this, or breach any of these Terms without further obligation to you.

Privacy Policy and Cookies info

New In Chess respects your privacy.

The information that you provide about yourself to New In Chess will be used in accordance with New In Chess's Privacy Policy.

Changes to the Site and Digital Applications

New In Chess reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of New In Chess Content available on a Digital Application at any time and to restrict the use and accessibility of its Digital Applications.

Liability and Indemnity

All New In Chess Content and services are provided 'as is'. You indemnify us for breaches of these Terms.

Although we endeavour to ensure the high quality and accuracy of the Digital Applications, New In Chess makes no warranty, express or implied concerning New In Chess Content, any Digital Application or any software that are made available, which are provided "as is". New In Chess expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will New In Chess, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if New In Chess has been advised of the possibility that such damages may arise. New In Chess does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.

In no event will any liability of New In Chess or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by New In Chess exceed the amount, if any, paid by you to New In Chess for the particular Service to which the claim relates.

Upon New In Chess's request, you agree to defend, indemnify and hold harmless New In Chess, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.

Force Majeure

New In Chess will not be held responsible for circumstances beyond its control.

New In Chess, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of New In Chess Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Miscellaneous

Additional Terms apply to your use of New In Chess Content.

Changes to these Terms. New In Chess may, in its discretion, change these Terms (including those that relate to your use of the Digital Applications and/or New In Chess Content). Whenever the Terms are changed, New In Chess will notify you by e-mail or by publishing the revised terms on the website. If you use a Digital Application after New In Chess has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Digital Application any further after they are published. Access to certain New In Chess Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web Sites. Parts of the Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. New In Chess is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Digital Applications may also contain links to other web sites. New In Chess is not responsible for the availability of these websites or their content.

Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred.

Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in The Netherlands, within one year after the cause of action has arisen, or such cause will be barred, invalid and void.

Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.

Headings. Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.

Term and Termination

New In Chess may terminate or suspend your access to New In Chess Content at any time.

New In Chess may, in its discretion, terminate or suspend your access to and/or use of all or part of a Digital Application (including any New In Chess Content) with or without cause by delivering notice to you.

These rights of termination are in addition to all other rights and remedies available to New In Chess under these Terms or by law.

Governing Law and Jurisdiction

These Terms shall be governed by, and construed in accordance with, Dutch law. The parties irrevocably agree that the courts of The Netherlands shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Dutch courts.

For the exclusive benefit of New In Chess, New In Chess shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.