These terms and conditions apply to the agreements between Cadeaubonnen.nl B.V. and business customers.
1. Definitions
In these terms and conditions, the following terms have the following meanings:
Cadeauservice: the business service offered by Cadeaubonnen.nl B.V., including the ordering, provision and activation of Gift Cards via Cadeauservice.nl.
Cadeaubonnen.nl B.V. (hereinafter: “CBNL”): Cadeaubonnen.nl B.V., registered at Ambachtsweg 6, 1474 HW Oosthuizen, the Netherlands.
Customer: any natural or legal person acting in the exercise of a profession or business who uses Cadeauservice.
Gift Card: a physical or digital gift card provided to the Customer by or on behalf of Cadeaubonnen.nl B.V. via Cadeauservice.
Activation: the process by which a Balance is linked to a Gift Card.
Balance: the monetary value linked to a Gift Card after Activation, which can be spent in accordance with the terms applicable to the relevant Gift Card.
Account: the business online environment through which the Customer can use Cadeauservice.
2. Identity of the trader
Cadeaubonnen.nl BV Ambachtsweg 6 1474 HW Oosthuizen, The Netherlands Chamber of Commerce (KvK) number: 66631696 VAT identification number: NL856638638B01
3. Services and gift cards
CBNL enables business customers to keep gift cards in stock and activate them as needed. In addition, customers can order activated gift cards via the order portal or by email. These terms and conditions also apply to such orders.
A non-activated Gift Card represents no monetary value and cannot be used as a means of payment. No Balance is linked to a non-activated Gift Card.
A Balance is only linked to a Gift Card once Activation has been successfully carried out and the payment due for it has been received, unless otherwise agreed in writing.
The Customer may choose a value for an Activation within the minimum and maximum amounts offered by Cadeauservice at that time.
For personalised Gift Cards, the Customer may provide a logo, image or text, among other things. By providing this, the Customer grants CBNL permission to use it to carry out the order. The Customer warrants that it is entitled to use the material provided and indemnifies CBNL against third-party claims arising from the use of this material.
The range of gift cards, the available activation values, packaging and other parts of the service may be changed by CBNL from time to time.
CBNL is entitled to refuse or suspend an order, request or Activation in whole or in part, including in the event of unusual quantities, a suspicion of fraud or misuse, or where necessary to protect CBNL, the Customer or third parties.
4. Account, use and authority
The Customer is responsible for the correct use of the Account and for keeping the associated login details confidential.
The Customer determines which persons have access to the Account on the Customer's behalf and is responsible for timely revoking this access when a person is no longer authorised.
CBNL considers any person who has access to the Account with the correct login details to be authorised to act on behalf of the Customer. Orders, Activations and other actions carried out via the Account are binding on the Customer, regardless of whether the person concerned was internally authorised to do so.
The Customer is not responsible for unauthorised use of the Account to the extent this is demonstrably the result of a failure attributable to CBNL.
5. Orders, activations and payment
An order is concluded once it has been confirmed by CBNL.
The Customer is responsible for checking the accuracy of the order, including the chosen Gift Card and the amount to be activated, before the order is confirmed.
An Activation is final once it has been successfully processed by CBNL. A successful Activation cannot be cancelled or reversed, unless CBNL decides otherwise.
Payment is made via the payment methods offered by CBNL. If payment on invoice has been agreed, the payment term stated on the invoice applies.
In the event of a payment arrears, CBNL is entitled to suspend further orders and Activations until the outstanding amounts have been paid in full.
In the event of late payment, the Customer owes the statutory commercial interest and the reasonable extrajudicial collection costs.
6. Risk, loss and theft
A non-activated Gift Card represents no monetary value. The risk of loss, theft or damage to a non-activated Gift Card lies with the Customer.
From the moment of successful Activation, the risk of loss, theft, damage and unauthorised use of the Gift Card and the Balance linked to it lies with the Customer.
The Customer must report loss, theft or unauthorised use of an activated Gift Card to CBNL as soon as possible. CBNL can block the relevant Gift Card, to the extent technically possible.
CBNL does not guarantee that a block can be carried out in time or that the Balance can be secured as a result.
7. Fraud and misuse
In the event of fraud, a suspicion of fraud, misuse or an attempt to circumvent CBNL's security measures, CBNL is entitled to, among other things, refuse Activations, block Gift Cards or Accounts, suspend orders or payments, demand additional information, and terminate the agreement with the Customer.
The Customer is responsible for the internal management and authorisation of persons who have access to the Account on the Customer's behalf or who can order or activate Gift Cards. CBNL is not liable for actions carried out by such persons, even if the Customer had not given internal permission for them.
The Customer must report a suspicion of fraud, misuse or unauthorised access to CBNL as soon as possible. Following such a report, CBNL will make reasonable efforts to limit further damage, to the extent technically and operationally possible.
Unauthorised or fraudulent actions by persons who have access to the Account or the data required for it do not release the Customer from its payment obligations towards CBNL.
8. Use, validity and third parties
After Activation, a Gift Card can be used in accordance with the terms that apply to the relevant Gift Card. The validity period, spending options and any restrictions may differ per Gift Card and are stated on or with the relevant Gift Card.
When a Gift Card is used to purchase products or services, the agreement is concluded between the user of the Gift Card and the relevant supplier. CBNL is not a party to this agreement. The relevant supplier's terms may apply to the purchase.
9. Liability and force majeure
CBNL is only liable for direct damage that is the direct result of a failure attributable to CBNL.
CBNL is not liable for indirect damage, consequential damage, loss of profit, missed savings, business damage or other damage that is not the direct result of a failure attributable to CBNL.
CBNL is not liable for damage resulting from circumstances that are at the Customer's expense and risk, including loss, theft or unauthorised use of Gift Cards, unauthorised actions within the Customer's organisation, and failure to comply with the Customer's obligations under these terms and conditions.
If a shipment is lost or damaged during transport, CBNL will make efforts to resolve this with the Customer as soon as possible. Where compensation applies, it is limited to the value of the relevant shipment.
CBNL is not obliged to fulfil its obligations if prevented from doing so by force majeure. Force majeure means any circumstance that cannot reasonably be attributed to CBNL and that prevents the fulfilment of its obligations.
If the force majeure situation lasts longer than can reasonably be expected, the parties are entitled to terminate the agreement in whole or in part.
10. Personal data
CBNL processes personal data provided in connection with Cadeauservice, such as account details, contact details and data of recipients of Gift Cards, solely to the extent necessary for the performance of the service and compliance with legal obligations. Data linked to an active Account may remain available for the duration of the Account. After termination of the Account, personal data is not kept longer than necessary for the purposes for which it was collected, unless a longer retention period is legally required. For more information about the processing of personal data, please see our Privacy statement.
11. Final provisions
Dutch law exclusively applies to the agreement and these terms and conditions. The applicability of the Vienna Convention on Contracts for the International Sale of Goods is excluded.
If a provision is void or annulled, the remaining provisions remain in force.
Disputes will be submitted to the competent court in the district of CBNL's registered office, unless mandatory law provides otherwise.
