1.1 Only these general terms and conditions apply to all agreements customer enters with klikkie B.V. (hereinafter "klikkie"). Customer can only appeal to deviating and/or supplementary provisions if and in so far as klikkie has expressly accepted these.
2. Establishment of agreement
2.1. Agreements with klikkie are only made at a distance.
2.2 An agreement is established between klikkie and customer, whether or not this concerns a subscription, via the website when the customer places an order, or when the customer makes it known he accepts an offer from klikkie by completely and accurately filling out the form klikkie has made available.
2.3 If customer has received a voucher code as a present or via a targeted promotion from klikkie and registers for this on the klikkie website, fills out the available form, and makes a 2-cent payment, then customer has entered a subscription with klikkie.
2.4 Klikkie reserves the right to unilaterally change the general terms and conditions. An existing customer who has entered an agreement under these terms and conditions, accepts the applicability of these terms and conditions to future agreements between him and klikkie.
2.5 To be eligible for a subscription, customer needs to be a resident in a country where klikkie offers their services;
3. Content subscription service
3.1 By entering a subscription with klikkie, customer is entitled to have klikkie print ten photographs each month. Customer is always entitled to make up lost months.
3.2 As part of their email service, klikkie sends customer a reminder to upload photographs seven, three, two, and one day before the end of the klikkie month, if customer has not yet uploaded and confirmed the complete set of photographs.
3.3 When customer accepts klikkie's general terms and conditions, klikkie is entitled to implement this reminder service. If customer does not want to receive these emails he/she can contact the customer service via firstname.lastname@example.org. Separate permission will be asked for sending emails that serve promotional purposes.
4. Customer obligations
4.1 When entering an agreement, customer is required to accurately and truthfully provide klikkie with his or her personal data. Customer must check the provided personal data before confirming the entering of the agreement.
4.2 Customer must carefully handle the login data customer provides to klikkie to access the (account on the) website. The login data are non-transferable. Customer is obliged to observe complete secrecy towards everyone with regard to the login data and shall store the login data in a safe place.
5.1 The subscription prices as stated on the klikkie website include VAT.
5.2 The subscription prices as stated on the website include transport costs.
5.3 Customer owes klikkie the price of the chosen subscription he has selected on the klikkie website.
5.4 Klikkie reserves the right to change the prices of the subscriptions they offer during the subscription period. Klikkie will inform customers who will encounter a price change about the price change via email fifteen days in advance.
5.5 Customer is entitled to dissolve the agreement in case of a change resulting in a price increase. This dissolution must occur within fourteen days after the beginning of that customer's new klikkie month, unless the customer has already sent photographs to the printer for the new klikkie month.
5.6 Klikkie reserves the right to adjust the subscription packages and their prices during the year. Customers with a monthly subscription can purchase this new package after the end of their klikkie month. Customers with a three-month, six-month, or twelve-month subscription can purchase the new subscription package after their own agreement ends. Exchange with others is not possible.
6.1 Customer can exclusively use the payment options klikkie offers for the payment. 6.2 When using a payment link for a direct debit klikkie has send to customer, Customer permits klikkie to also debit future payments from the relevant account number. 6.3 Payment takes place immediately after the purchase agreement has been established. Periodical payments take place prior to each service period. 6.4 With non-timely payment, for example due to reversal of the paid amounts or insufficient balance on the account concerned, customer is prompted to pay when they log into their profile. Access to the uploading page is blocked until the payment has been completed. 6.5 If the payment does not take place within the period given in the first payment reminder, klikkie is entitled to unilaterally end the service with immediate effect, without prejudice to the right to damage compensation and the right to claim outstanding payments and the associated collection costs from the customer.
6.6 If customer has repeatedly blocked the debit payment, klikkie is entitled to delete this customer and block future access to the service. 6.7 Klikkie exclusively offers invoices and payment reminders in electronic form. Invoices can be requested from customer service by sending an email to email@example.com.
7. Offers and voucher codes
7.1 Voucher codes are valid for as long as is indicated in the promotional terms and conditions accompanying the voucher code.
7.2 Existing customers are not permitted to enter a voucher code that has been provided for gaining new customers in order to gain a discount for the following klikkie month themselves. Klikkie is authorized to claim such a month or months.
7.3 The personal klikkie voucher code is intended to gain new paying customers from the own immediate circle (via word of mouth, social media, and/or email). The klikkie voucher codes may not be used for commercial purposes and/or other purposes than those for which they were issued.
7.4 It is under no circumstance permitted to enter the brand name klikkie–or related names that suggest that it concerns the klikkie brand – in an url combination with the purpose of attracting traffic that is used to disseminate the voucher code. Subscriptions that are activated in this manner will be deleted.
7.5 Every (attempt of) fraud or other actions that are not permitted are registered and lead to the denial of voucher codes. Klikkie reserves the right to retrospectively settle the accumulated discount and saved credit.8. Pausing/ending the subscription
8.1 Pausing or ending the subscription interim depends on the type of subscription. Interim pausing or ending is not possible for any three-month, six-month, and twelve-month subscriptions.
8.2 Interim pausing or ending of a monthly subscription is possible per month, if this pausing/ending takes place before the new klikkie month is charged.
8.3 After the three-month, six-month, or twelve-month agreements, the subscriptions are tacitly renewed as monthly subscriptions, unless the customer has previously indicated via the profile or to the customer service that he/she wants the subscription to end automatically after the three, six, or twelve months.
8.4 If customer claims he/she has indicated that the three, six, or twelve month subscription should end after the agreement period but this is not received in klikkie's system, the burden of proof lies with the customer.
9.1 Klikkie delivers printed photographs in the Netherlands, Belgium, France, and England.
9.2 Klikkie only delivers other photograph-related articles if these articles are also offered on the national website of the country in which klikkie is active.
9.3 Klikkie is not obliged to send photograph-related articles to other countries than the Netherlands, because photograph-related products that are offered on the Dutch website are not always available in the other countries.
9.4 Customers are responsible for entering the correct address data where the photographs are to be sent and to keep this data up to date. A change of address must be relayed via the profile or via customer service one day before submitting the photographs.
9.5 If delivery has taken place to the incorrect address because customer has accidentally submitted the incorrect address or he/she has not kept the address data up to date, klikkie is entitled to charge the shipping costs for the next delivery of the photographs.
9.6 Customer is required to ensure that the personal transfer of the photograph-related products is possible at the submitted delivery address. If transfer is not possible, you are in default with regards to receipt.
9.7 If personal transfer of the products is not possible, customer accepts that the product is delivered to a neighbor. 9.8 If the products have not yet been paid at the time of personal transfer, klikkie retains ownership until the purchase price has been paid in full.
10. Delivery period
10.1 Klikkie strives to deliver the photographs within four days after customer has submitted the delivery address.
10.2 Delivery only takes place on the days klikkie indicates.
10.3 If the mail incurs serious delays – due to holidays or special occasions – klikkie will notify its customers in time. Customer accepts that the delivery periods of the mail may take longer than indicated on the website due to unforeseen circumstances.
11. Right of withdrawal and returns
11.1 In principle, the customer has the legal right of withdrawal when purchasing products from a distance. This means customer is entitled to dissolve an agreement without providing an explanation (hereinafter "withdrawal period"). Important exceptions apply to this.
11.2 In deviation from Article 11.1, it is legally determined that customer does not have the right of withdrawal in case of:
Delivery of goods produced in accordance with specification from the consumer, which are not preproduced and which are produced based on an individual choice or decision of the consumer, or which are clearly intended for a specific person. So the right of withdrawal does not apply to photographs printed by klikkie. When customer has sent the photographs to the printer, customer can no longer exercise his right of withdrawal and reclaim the monthly payment from klikkie.
11.3 The right of withdrawal only applies in the following instances:
When purchasing a gift voucher which recipient has not yet cashed.
When purchasing a twelve-month subscription with photo album, for as long as photographs have not yet been uploaded and the photo album has not yet been taken into use.
For a klikkie month, for as long as photographs have not been uploaded and sent to the printer.
11.4 If the right of withdrawal is applicable, the withdrawal period for a subscription starts on:
The day when customer has created a subscription on the klikkie website.
For existing customers; the day when a direct debit payment had been made and a new klikkie month has become available.
The day when the first direct debit payment has been made after the ending of the three-month, six-month, or twelve-month subscription.
11.5 If the right of withdrawal is applicable, the withdrawal period for a photograph-related product begins on:
The day when customer or a third party appointed by customer, not being the carrier, has received the ordered product.
11.6 Customer can exercise the right of withdrawal by contacting the customer service via firstname.lastname@example.org
11.7 During the withdrawal period, customer is required to carefully handle the photograph-related products and corresponding packaging. Customer shall only be allowed to unpack products for as far as this is necessary to determine whether he wishes to keep a product. If customer chooses to exercise his right of withdrawal, customer shall return the product with all delivered accessories – if reasonably possible – in the original state and packaging – to klikkie within fourteen days after the lapsing of the withdrawal period in accordance with the instructions given to the customer.
11.8 A product for which the right of withdrawal applies may be returned to the following address: Weteringschans 165 C, 1017 XD, Amsterdam attn. klikkie B.V.
11.9 Exercising the right of withdrawal is free of charge for customer, but the costs of returning are completely for customer's account. Klikkie shall return the amount customer has paid for the product and/or (unused) subscription month within 30 days after the returned product has been received / when customer service has processed the request for returning the unused subscription month in the system.
12. Data protection
13. Content of photographs
13.1 Klikkie receives personal photographs of customers. These photographs remain property of the customer. These general terms and conditions do not provide klikkie with any rights to this material, except for the limited rights which are necessary to execute our service.
13.3 Customer is responsible for the content of the photographs. The content of photographs you print may not be unlawful, pornographic, or offensive or contain extremely violent images.
13.4 Klikkie is not responsible for the content people place in the services and have printed.
14. Guarantee and liability
14.1 Klikkie only guarantees that the products it delivers are suitable for the purpose for which they are intended based on the information klikkie has provided and klikkie guarantees that the products meet any legal requirements and other government obligations that apply for that purpose of use.
14.2 Klikkie guarantees that the products and services it delivers are produced or delivered with respect to human and environment, without the use of child labor.
14.3 If the customer receives photographs which are – due to no fault of theirs – damaged and/or rained on, customer has the right to ask for a new set of photographs. Customer can do this by sending an email to email@example.com.
14.4 It may occur that photographs do not arrive at the delivery address due to a fault of our delivery partner – and not the customer. Naturally, klikkie will send customer a new set of photographs if this is the case.
14.4 Klikkie is not liable for damages to photographs or photograph-related products which have occurred due to the incorrect handling of the product.
14.5 Customer is liable if a photograph-related product has incurred damage during the withdrawal period, if the handling exceeded that which was necessary to determine the nature, features, and functioning of the photograph-related product.
14.6 Customer is responsible for accurately entering his personal data and keeping these up to date. Klikkie is not liable for privacy breaches that are caused by incorrect or outdated address data in the profile of the account.
14.7 Customer is responsible for safely storing the login data of the klikkie account and keeping this private. Klikkie is, unless there is gross negligence, not liable in case of unauthorized use of the account by a third party who had access to the login data. If customer has lost the login data, he/she must contact the customer service about this via firstname.lastname@example.org.
15.1 klikkie reserves the right to change these general terms and conditions at all times. It is recommended to regularly check these general terms and conditions.
16.1 If customer does not comply with his obligations under this agreement, Klikkie has the choice to: a. provide customer the opportunity to still comply with the obligations within a period determined by klikkie; b. to fully or partly dissolve the agreement without prior notification; in addition to dissolution of the agreement, klikkie also reserves the right to claim complete payment of all damages and costs at all times.17. Disputes and applicable law
17.1 Dutch law applies to all agreements between klikkie and customer. The district court in Amsterdam is exclusively competent to be informed of any disputes between klikkie and customer resulting from or otherwise in connection with the agreement.
Amsterdam, April 2, 2019
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