Terms and Conditions – Sale of Digital Products

AgileBenchmark
Registered office: van Goghlaan 20, 9646DV, Veendam, the Netherlands
Chamber of Commerce (KvK) number: 98694650
VAT identification number:NL002748025B35
Website: https://www.agilebenchmark.com
Last updated: 1 December 2025

1. Scope and Applicability

1.1 These Terms and Conditions apply to every purchase of digital products (such as PDFs, guides, templates, Excel tools, benchmark reports, dashboards, and any other downloadable or online-accessible content) offered on www.agilebenchmark.com.
1.2 By placing an order you fully accept these Terms and Conditions. Deviating terms only apply if expressly agreed in writing by AgileBenchmark.

2. Ordering and Conclusion of Contract

2.1 The presentation of digital products on the website does not constitute a legally binding offer, but an invitation to place an order.
2.2 Your order constitutes a binding offer to purchase. We may accept this offer by sending an order confirmation by e-mail or by making the digital product available for download/access. Only at that moment is a contract concluded.

3. Prices and Payment

3.1 All prices are stated in Euro (€) and include Dutch VAT (BTW) unless explicitly stated otherwise (e.g., for business customers in the EU with a valid VAT number – reverse charge mechanism applies).
3.2 Payment is made in advance via the payment methods offered on the website (credit card, iDEAL, PayPal, etc.).
3.3 The digital product will only be made available after successful payment.

4. Delivery

4.1 Delivery takes place immediately after successful payment by providing a download link or access to the customer account.
4.2 You are responsible for ensuring that the e-mail address you provide is correct and that you can receive e-mails and download the files.

5. Right of Withdrawal (EU Consumers only)

5.1 If you are a consumer residing in the European Union, you normally have a 14-day right of withdrawal.
5.2 For digital products that are not delivered on a physical data carrier, you expressly agree that we may start delivery immediately and you waive your right of withdrawal as soon as the download or online access has started (see Article 6:230o Dutch Civil Code and Article 16(m) Consumer Rights Directive).
5.3 The waiver is confirmed by you during the ordering process by ticking the appropriate checkbox.

6. License and Intellectual Property

6.1 Upon full payment you receive a non-exclusive, non-transferable, revocable license to use the purchased digital product for your own internal business or personal purposes.
6.2 You may not resell, redistribute, rent, lend, publish, or otherwise make the product available to third parties unless we have given explicit written permission.
6.3 All intellectual property rights remain with AgileBenchmark B.V. or its licensors.

7. Warranty and Liability

7.1 We strive to ensure that the digital products are complete, accurate, and up-to-date at the time of publication. However, we provide the products “as is” without warranty of any kind, express or implied.
7.2 Our liability is limited to the purchase price of the digital product concerned. We are never liable for indirect or consequential damages.

8. Privacy

Your personal data will be processed in accordance with our Privacy Statement, which can be found at https://www.agilebenchmark.com/privacy.

9. Applicable Law and Jurisdiction

9.1 These Terms and Conditions and all purchases are governed exclusively by Dutch law.
9.2 Disputes will be submitted to the competent court in the district where AgileBenchmark has its registered office, unless mandatory consumer protection rules designate another court.

10. Changes

We reserve the right to change these Terms and Conditions at any time. The version valid at the time of your order applies.

Contact

If you have any questions, please contact us at info@agilebenchmark.com.

I have read and agree to the Terms and Conditions for digital products. During checkout, also add the mandatory EU checkbox for waiver of the right of withdrawal (for immediate download).I hereby expressly agree that the delivery of the digital content begins immediately after payment and I waive my 14-day right of withdrawal.