General Terms and Conditions
BtheMarket B.V. (BuyAnyGiftcard.com)
Registered with the Dutch Chamber of Commerce under KVK 76437671
Hereafter referred to as "BuyAnyGiftcard.com".
On all offers and deliveries are exclusively the following sales and delivery conditions apply, unless parties expressly agree otherwise in writing. If for any reason any provision of these general terms and conditions is not applicable in the opinion of the court, the provision in question must be replaced by a provision under which the parties can still achieve their objective. The other provisions of these general terms and conditions of sale and delivery shall remain in force.
By placing an order, you indicate that you agree with the delivery and/or payment terms. BuyAnyGiftcard.com has the right to change its delivery and / or payment terms after the expiration of the term. Payment orders are for the account and risk of the person who gives the order (or authorization) for payment.
Article 1. Definitions
1.1. In these General Terms and Conditions the following capitalised terms, both in singular and plural, shall have the following meanings:
2 General
2.1. By using the Website, you agree to these Terms and Conditions.
2.2. BuyAnyGiftcard.com is entitled to amend and/or supplement these Terms and Conditions at any time. Amendments to the Terms and Conditions will be announced by email, the Website or through the Website and will come into effect 7 days after they are announced. The most recent General Terms and Conditions can be consulted via the Website and/or Website. If the customer continues to use the service after these General Terms and Conditions have been amended and/or supplemented, he thereby irrevocably accepts the amended and/or supplemented General Terms and Conditions. If the customer does not agree with the amended and/or supplemented General Terms and Conditions, his only option is to delete his account, with which the agreement ends, after which the customer can no longer use the Service.
2.3. Deviations from these Terms and Conditions between User and BuyAnyGiftcard.com are only possible if laid down in writing between parties.
3 The Service
3.1. The Service offered by BuyAnyGiftcard.com consists of making available a Website through which the User:
- Can purchase and send Gift Cards and any gift packages to third parties;
- To spend Gift Cards at the Merchants and/or the Merchants' spending partners.
4 Use of the Website
4.1. BuyAnyGiftcard.com makes every effort to provide the Service carefully and in a professional manner. The Service is performed by BuyAnyGiftcard.com at all times on the basis of an obligation of effort. User accepts that the Website only contains the functionalities as he finds them at the moment of use ("as is").
4.2. The User is fully responsible and liable for all acts performed by him using the Website.
4.3. BuyAnyGiftcard.com has the right at all times, without prior notice and without becoming liable or liable in any way to the User, to modify and/or (temporarily) terminate the (content of the) Website and to perform maintenance without prior notice.
4.4. If the Website is (temporarily) unavailable, for example due to a technical malfunction, BuyAnyGiftcard.com is not liable for the consequences.
5 Gift Cards
5.1. A Gift Card can be purchased by a User using the payment methods offered at that time. The use of these payment methods may be subject to the general terms and conditions of the provider of the payment methods.
5.2. When purchasing a Gift Card, User enters into an agreement with BuyAnyGiftcard.com for the delivery of the Gift Card. Delivery of the Gift Card is completed when the User receives the Gift Card in their mailbox or by mail.
5.3. A Gift Card may have a limited validity. Any expiry period is indicated on the Merchant's Website. A link to these terms and conditions is provided with each product page. The User is obliged to redeem the Gift Card before the expiry date, if any.
5.4. The following conditions apply to Gift Cards purchased through the Website:
a) The purchase of a Gift Card establishes a contract with a Merchant.
b) A selected Gift Card cannot be exchanged for another Gift Card.
c) A Gift Card is not redeemable for cash.
d) When spending the Gift Card or making purchases with the Gift Card, the User enters into a contract with the Merchant or its spending partners. The use of the Gift Cards is subject to the general terms and conditions of the selected Merchant, including any validity period of the Gift Card.
e) A Gift Card is sent to the desired recipient immediately after purchase or later by the User via email or another shipping method offered in the Website. No rights can be derived from the available shipping methods and the use of the chosen shipping method is at the User's own risk and expense. BuyAnyGiftcard.com is not responsible for any malfunctions or other problems associated with any shipping method.
f) Any credit received may be spent in parts on a Gift Card of the User's choice. If User sends a Gift Card or credit to a Recipient, User is responsible for the Recipient's entered data and the processing of the Recipient's personal data. BuyAnyGiftcard.com accepts no liability regarding the (incorrect) entry of Recipient data.
g) BuyAnyGiftcard.com is not responsible or liable for the incorrect or accidental duplication of a Gift Card by a User.
5.9. BuyAnyGiftcard.com makes every effort to display the correct credit on a Gift Card and the correct information about Gift Cards on the Website. In the unlikely event that this information is incorrect, BuyAnyGiftcard.com is entitled to adjust the value of Gift Cards.
5.10. Activating the Gift Card establishes a contract between User and Merchant. BuyAnyGiftcard.com is not responsible or liable for the use of the Gift Card by the User, nor for the products or services purchased with it. Should it not be possible for a User to spend a purchased Gift Card with the Merchant, the User should contact BuyAnyGiftcard.com about this. The following applies:
a) If it appears that the Gift Card could not be redeemed due to an event attributable to BuyAnyGiftcard.com, such as a technical malfunction of the BuyAnyGiftcard.com Website, then BuyAnyGiftcard.com will make a new Gift Card of the same value available to the User and the User will have no additional right to compensation;
b) If it appears that the Gift Card could not be spent due to an event not attributable to BuyAnyGiftcard.com, such as a technical malfunction or non-functioning checkout website or checkout software of the Merchant or its spending partners, BuyAnyGiftcard.com will not be liable for this.
6 Privacy
6.1. In performing the Agreement and providing the Service, BuyAnyGiftcard.com processes personal data of the User. BuyAnyGiftcard.com always processes personal data in accordance with its Privacy Statement and the applicable laws and regulations.
7 Intellectual Property Rights
7.1. The Intellectual Property Rights relating to the Service and the results thereof, including in any case the Website, as well as that information made accessible through the website and service such as the texts, look-and-feel, template of the Account, video, audio and image or photo material, are vested in BuyAnyGiftcard.com and/or its licensor(s). Nothing in these Terms and Conditions is intended to transfer any Intellectual Property Rights.
7.2. If the User complies and continues to comply with these Terms and Conditions, the User is granted a personal right to use the Website. BuyAnyGiftcard.com may decide to revoke this right of use at any time, in particular if the User violates any provision of these General Terms and Conditions, otherwise commits an unlawful act against BuyAnyGiftcard.com, in the case of fraud and in the case of violating any legal provision.
8 Liability
8.1. BuyAnyGiftcard.com's liability for an attributable shortcoming in the implementation of the Agreement, an unlawful act or any other act or omission by BuyAnyGiftcard.com, its employees or third parties engaged by it, shall be limited to compensation for direct damage. BuyAnyGiftcard.com's liability for direct damages shall not exceed, per event (where a series of related events shall be considered as one event), the total amount paid by User to BuyAnyGiftcard.com under the Agreement in the twelve (12) calendar months preceding such event (ex. VAT). However, in no event shall BuyAnyGiftcard.com's total liability exceed €500 (ex. VAT).
8.2 "Direct damage" within the meaning of the previous paragraph means exclusively:
1. a) property damage;
b) reasonably incurred expenses that User would have to incur to ensure that Xtraatje.nl's performance is in accordance with the Agreement;
2. c) expenses reasonably incurred by User to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of this Agreement;
d) reasonably incurred expenses to prevent or limit damage, insofar as the User can demonstrate that these expenses have resulted in a limitation of the direct damage within the meaning of this Agreement.
8.3. BuyAnyGiftcard.com shall not be liable for any damages other than direct damages as defined in Art. 8.2, including consequential damages arising out of or in connection with the Agreement, including, without limitation, loss of profits, loss of sales, loss of anticipated savings and other similar financial losses such as loss of goodwill or good name or other incidental, indirect, or punitive or exemplary damages of any kind, whether or not User has notified BuyAnyGiftcard.com of such potential damages, punitive damages or losses.
8.4. In any event, User's right to claim damages under this Agreement, in tort or otherwise shall expire one (1) year after