Terms and Conditions klikkie BV
1.1 Only these general conditions apply to all agreements which the customer enters into with klikkie B.V. (hereafter "klikkie"). Deviating and/or supplementary conditions can only be appealed to by the customer if and insofar as they have been expressly accepted by klikkie.
2.1 Contracts with klikkie take place exclusively at a distance.
2.2 Between klikkie and customer an agreement, whether or not a subscription, is established via the website at the moment that the customer places an order, or makes known to accept an offer of klikkie by means of the complete and correct completion of the form made available by klikkie .
2.3 If a customer has received a coupon code as a gift or from a targeted action from klikkie and thereby registers for a subscription on the website of klikkie, fills out the available form and makes a 2 cent payment, then the customer has entered into a subscription with klikkie.
2.4 Klikkie reserves the right to unilaterally change the general conditions. An existing customer with whom a contract has once been concluded on the basis of these conditions, accepts the applicability of these conditions to later agreements between him and klikkie.
2.5 To be eligible for a subscription, a customer must be resident or have a postal address within the European Union or the United Kingdom.
3.1 By taking out a subscription with klikkie a customer will receive a voucher each month which can be converted into products such as, but not limited to: printed photos, (digital) photo albums and digital goods such as storage or designs. These vouchers are valid for 18 months after issue.
3.2 Klikkie offers an e-mail service whereby the customer receives a reminder to upload the photos at the expiry of the klikkie month, if the complete set of photos has not yet been uploaded and confirmed by the customer.
3.3 As soon as the customer agrees to the general terms and conditions of klikkie, klikkie is entitled to exercise this reminder service. If the customer does not want to receive these emails, he/she can contact customer service via firstname.lastname@example.org. Separate permission will be asked for sending emails that serve a promotional purpose.
3.4 As part of the service, the photos, designs and texts are stored so that all moments are shown in the application.
4. Customer obligations
4.1 When entering into an agreement, the customer is obliged to provide his or her personal data to klikkie correctly and truthfully. The customer must check the personal data provided before confirming the conclusion of the agreement.
4.2 Customer must be careful with the login details that customer provides to klikkie to gain access to (an account on) the website. The login details are not transferable. Customer is obliged to keep the login details completely confidential and shall store the login details in a safe place.
5.1 The prices as mentioned on the website of klikkie are taxed with 0% VAT.
With the subscription, the customer buys a monthly voucher that can be exchanged for photos, a gift voucher or digital photo album. The VAT rates depend on the chosen product.
5.2 On the website of klikkie the prices include shipping costs. For the photo album, only shipping costs are charged when purchasing in the application.
5.3 Customer is due the price of the chosen voucher which she selected on the website of klikkie .
5.4 Klikkie reserves the right to change the prices of the subscription it offers during the term of the subscription. Klikkie will inform customers, if they are faced with a price change during their contract period, 15 days in advance of the price change via email.
5.5 In case of a change resulting in a price increase, customer will be entitled to terminate the agreement within 14 days after the start of the new klikkie month of that customer, unless customer has already submitted new photos to the printer in that new klikkie month.
5.6 Klikkie reserves the right to adjust its subscription packages and corresponding prices during the year. Customers with a monthly subscription can purchase this new subscription package after the end of their klikkie month. Customers with a current subscription can purchase the new subscription package after the expiry of their own contract.
6.1 For payment, Customer can only use the payment options offered by klikkie .
6.2 When using a payment link sent to Customer by klikkie for direct debit, Customer authorises klikkie to also collect future payments from the relevant account number.
6.3 Payment takes place immediately after the purchase agreement has been concluded. Periodic payment takes place prior to each service period.
6.4 In case of late payment, e.g. due to reversal of the debited amounts or due to insufficient balance on the respective account, customer will be asked to pay again when logging into the profile. Access to the upload page will be blocked until payment has been made.
6.5 If, after the first reminder, payment is not made within the period set therein, klikkie is entitled to unilaterally terminate the service with immediate effect, without prejudice to the right to compensation and the right to collect overdue payments and to recover the corresponding collection costs from the customer.
6.6 If the customer has repeatedly blocked the collection payment, klikkie is entitled to remove this customer and to block future access to the service.
6.7 Invoices and payment reminders are offered by klikkie exclusively electronically. Invoices can be requested from customer service by sending an email to email@example.com.
7.1 Discount codes are valid for as long as indicated in the action conditions attached to the discount code.
7.2 Existing customers are not allowed to use action codes issued for the purpose of recruiting new members in order to obtain a discount on the following month klikkie. Klikkie is authorised to collect such month(s).
7.3 The personal klikkie discount code is intended to recruit new paying customers from your own direct circle (via word of mouth, social media and/or e-mail). The klikkie discount codes may not be used for commercial purposes and/or other purposes than for which they have been issued.
7.4 It is under no circumstances allowed to put the brand name klikkie - or related names which suggest that it is about the brand klikkie - in a url combination with the objective to attract traffic that is used to spread the discount code. Subscriptions activated in this manner will be removed.
7.5 Any (attempted) fraud or other unauthorized act will be registered and will result in the denial of the use of discount codes. Klikkie reserves the right to retroactively offset the discount obtained and the accrued credit.
8.1 Interim suspension or termination of subscriptions depends on the type of subscription. For all 3-month, 4-month, 6-month and 12-month subscriptions, interim suspension or discontinuation is not possible.
8.2 Interim suspension or discontinuation of a monthly subscription is possible on a monthly basis, if this suspension/ discontinuation takes place before the new klikkie month is invoiced.
8.3 After the expiry of the 3-month, 4-month, 6-month or 12-month contract, the subscriptions will tacitly continue in a monthly subscription, unless the customer has previously indicated via the profile or with customer service that he/she wants the subscription to end automatically after these 3, 6 or 12 months.
8.4 If customer claims that he/she has indicated that the 3, 4, 6 or 12-month subscription should automatically stop after the end of the contract, but it has not come through in the system of klikkie, then the burden of proof lies with the customer to prove this.
9.1 Klikkie delivers the printed photos, albums and gift vouchers within the European Union and the United Kingdom.
9.2 Klikkie delivers other photo-related products only if the national website of the country in which klikkie operates also promotes these products.
9.3 Klikkie is not obliged to send photo-related articles to other countries than the Netherlands, because on the Dutch website of klikkie photo-related products are recommended that are not available in the other countries.
9.4 Customers are responsible for correctly filling in and updating the address details where the photos are to be sent. A change of address has to be passed on through the profile, the application or via customer service 1 day before submitting the order.
9.5 If delivery has taken place to the wrong address because the customer has accidentally entered the wrong address or has not kept the address details up-to-date, klikkie is allowed to charge shipping costs for the next delivery of photos.
9.6 Customer is obliged to ensure that the personal transfer of the photo-related products to the delivery address provided by you is possible. Should the transfer not be possible, you are in default of acceptance.
9.7 If the personal transfer of the products is not possible, customer agrees that the product be offered to neighbors.
9.8 If the products at the time of the personal transfer are not yet paid, klikkie retains the property until the purchase amount has been paid in full.
10.1 Klikkie strives to deliver the photos 4 working days after submission to the address provided by the customer. Photo albums require 6 working days for production and delivery. This does depend on the address provided. Addresses outside the Netherlands may take more time. This depends on the local postal and parcel delivery.
10.2 Delivery takes place only on the days indicated by klikkie .
10.3 If the postal service is significantly delayed - due to holidays or special occasions - klikkie will inform its customers in good time. Customer accepts that due to these unforeseen circumstances, the delivery time of the mail takes longer than indicated on the website.
11.1 The starting point is that when purchasing products at a distance, the customer has a statutory right of withdrawal. This means that the customer is entitled to dissolve the agreement without giving any reason for a period of 14 days (hereinafter "cooling-off period"). There are important exceptions to this.
11.2 In deviation from Article 11.1, it is determined by law that the customer has no right of withdrawal:
11.3 The right of withdrawal therefore only applies in the following cases:
11.4 If the right of withdrawal applies, the cooling off period for a subscription starts on:
11.5 If the right of withdrawal applies, the cooling off period for a photo-related product shall commence on:
11.6 Customer can exercise the right of withdrawal by contacting customer service via firstname.lastname@example.org
11.7 During the cooling-off period, customer must handle the received photo-related products and associated packaging with care. Customer will only be allowed to unpack products to the extent necessary to judge whether he wishes to keep a product. If customer makes use of his right of withdrawal, customer shall return the product with all delivered accessories and - if reasonably possible - in the original state and packaging to klikkie within 14 days after expiration of the cooling-off period in accordance with the instructions given to the customer.
11.8 A product for which the right of withdrawal applies can be returned to the following address: Herengracht 577, 1017 CD, Amsterdam, the Netherlands t.a.v. klikkie B.V.
11.9 The exercise of the right of withdrawal is free of charge for the customer, but the costs of return are entirely borne by the customer. The costs that the customer has paid for the product and/or (unused) subscription month will be returned to klikkie within 30 days after the product has been received back / when customer service has processed the request to revoke the unused subscription month in the system.
13.1 Klikkie receives personal photos and texts from customers. These photos and texts remain the property of the customer. These general conditions do not give klikkie any rights to this material, except for the limited rights that are necessary for the execution of our service.
13.3 The customer is responsible for the content of the photos, designs and texts. The photos, designs and texts that you print may not be illegal, pornographic or offensive or contain extreme violence.
13.4 Klikkie is not responsible for the content that people place in the services and have printed.
14.1 Klikkie only guarantees that the products supplied by it are suitable for the purpose for which they are intended on the basis of the information provided by klikkie and guarantees that the products comply with any legal obligations and other government regulations applicable to that purpose.
14.2 Klikkie guarantees that the products and services supplied by it are produced or delivered with respect for people and the environment, without using child labour.
14.3 If the customer receives photos, photo album or gift certificate which - through no fault of his/her own - are damaged and/or wet, the customer has the right to request a new product. Customer can do this by sending an email to email@example.com.
14.4 It may happen that our delivery partner - through no fault of the customer - does not arrive at the delivery address. Klikkie will of course resend the product to the customer if this is the case.
14.4 Klikkie is not liable for damages to photo or photo-related products that have occurred as a result of improper handling of the product.
14.5 The customer is liable if photo-related products have suffered damage during the withdrawal period, if the handling went beyond what was necessary to establish the nature, characteristics and functioning of that photo-related product.
14.6 Customer is responsible for correctly filling in and updating its personal data. Klikkie is not responsible for privacy violations resulting from incorrect or not up-to-date address details in the account's profile.
14.7 Customer is responsible for keeping account login details safe and private at klikkie. Klikkie is, unless gross negligence is present, not responsible if the account is unlawfully used by a third party who had access to the login details. If the customer has lost the login details, he/she must contact customer service via firstname.lastname@example.org.
15.1 Klikkie reserves the right to amend these general terms and conditions at any time. It is recommended to consult these general terms and conditions regularly.
16.1 If the customer fails to comply with his obligations under this agreement, klikkie has the choice to
a. give the customer the opportunity to still comply with his obligations within a period set by klikkie ;
b. dissolve the agreement in full or in part without prior warning; klikkie reserves the right at all times, in addition to dissolution of the agreement, also to recover full compensation for all damages and costs from the customer.
17.1 Dutch law applies to all obligations between klikkie and the customer.
The Amsterdam District Court is exclusively authorised to take cognisance of any disputes between klikkie and the customer, arising from or otherwise related to the agreement.
Amsterdam, October 2020