If you use the services of pluQ gift lists, the following Terms and Conditions apply.
Definitions
The following definitions are used in these General Terms and Conditions, both singular and plural.
General Terms and Conditions: these General Terms and Conditions, regardless of the form in which they are made known.
Gift list User: the person who uses the pluQ online gift list and can put together an online gift list at pluQ
Gift list: a list on which the desired gifts are split into elements and included. The gift list user compiles the Gift List himself. Givers can gift elements of the gifts to the gift list user by depositing a contribution. It is ultimately up to De Cadeaulijst user to whom they spend the contributions.
Service: the Service that is offered by pluQ through the Website. The Service consists of, among other things, offering a platform on which pluQ facilitates users with a format of online gift lists where they can create their own personal gift page.
Internet user: the internet user who uses the Website and the associated Service
Personal page: the page that organizes the Gift List User of the gift page and that is placed on the pluQ Website.
pluQcadeaulijsten.nl: sole proprietorship trading under the name Herisson and pluQ.nl, established in (1217NC) Hilversum, Chamber of Commerce number: 67303420.
Website: the Website www.pluQcadeaulijsten.nl and www.pluQcadeaulijsten.be.
General
These General Terms and Conditions apply to all agreements and all other legal acts between pluQ and the User, Gift Giver and Visitor.
pluQ is at all times entitled to adjust or supplement these General Terms and Conditions.
Deviations from the General Terms and Conditions are only valid if they have been explicitly agreed in writing or by e-mail between pluQ and the User.
Services
pluQ offers via the Website a platform on which the Gift List User can create a Personal Gift List page and share their gifts, divided into elements, with their guests.
Givers choose which element (s) of the gifts they want to give as a present and transfer their contribution to the specific pluQ bridal savings account. pluQ charges 0.95 transaction costs per transaction when paying via ideal and bancomat, when paying by credit card the transaction costs are 5.2% of the given gift amount for the payers. one-off amount of € 92.75
pluQ only fulfills a facilitating role and can therefore not be held responsible for acts or omissions of a User through or in connection with the Website or otherwise. pluQ is not responsible for the promotion of the Personal page of the Bridal Couples. The Bridal Couples can bring their Personal Page themselves to the attention of their guests so that contributions are obtained via the Website.
pluQ is at all times entitled to adjust and / or terminate (the content of) its Services.
pluQ has compiled the content of the Website with the greatest possible care. However, all substantive information on the Website with regard to the Advertisements, assignments, references and target prices comes from the Users. These Users are themselves responsible for the correctness and completeness of this information. pluQ does not bear any responsibility for the content of the Travel Offer, assignments, references and target prices.
pluQ provides the information it has posted on the Website, to the extent permitted by applicable law, on an “as is” basis, to the exclusion of any express or implied warranties, representations or indemnities of any kind, including ( but not limited to) the exclusion of guarantees with regard to justice to (property) rights, sufficient quality, fitness for a particular purpose and non-infringement of property rights or rights of third parties. In particular, pluQ does not guarantee: - that the information on the Website is correct, complete, suitable, up-to-date and not unlawful, including the information provided by Users; - that the Website will work uninterruptedly, will be free of viruses, trojans and other errors and / or defects, and that any defects will be remedied.
pluQ is entitled to (temporarily) shut down or restrict the Website in the event that this is necessary, for example, for the maintenance or adjustment of the Website, without this resulting in any right to compensation towards pluQ.
Gift givers
pluQ does not guarantee that Gift List Users will actually buy / book the gifts they have placed on their Gift List. The contributions deposited by the Givers into the specific pluQ bridal savings account are at the discretion of the User Gift List.
Payment is made by electronic payment via the Internet. pluQ does not accept cash payments.
If the party is unexpectedly canceled, pluQ is not obliged to refund the contribution to the Gift Givers. Gift givers must request a refund from the User Gift List if desired. The deposited money is owned by the User and is deposited to the User Gift List.
For proper processing of the contribution, the Gift Givers must provide their name and email address when depositing (this question is automatically added to the payment). The Gift Givers can leave a personal message for the Bridal Couple via the Website.
In case of unforeseen circumstances, Users are free to change the date of the celebration, add gifts and edit them on their Gift List. This without additional costs.
Use of the Service and Provision of Information
The Gift List User guarantees that all information, including but not limited to name, address details, e-mail details and bank details that he provides in the context of the Service are complete, correct and up-to-date and that he will only use the Service for himself. In addition, The Gift List guarantees the User that he is authorized to use the Services and that he will comply with the applicable laws and regulations with regard to the granting of assignments, the giving of target prices, the offering and the performance of work.
By offering information on the Gift List, including but not limited to Advertisements, assignments, references and target prices, the User gives permission to publish this information on the Gift List and guarantees to be authorized to give such permission. The User is aware that the positioning of Advertisements and other information on the Gift List depends on a number of factors and that no rights can be derived from them.
The User is responsible and liable for the content of the data published on the Gift List. He guarantees that the content of this data is correct, up-to-date and reliable and does not conflict with applicable laws and regulations and is not unlawful. In addition, he guarantees that he will not act unfairly with other Users with this information, and that he will not harm pluQ’s interests and reputation.
In any case, the following information may not be placed on the Website: material that is in violation of any law, regulation or these General Terms and Conditions; material that refers to the provision of illegal services or services that could in any way cause damage to the property of others; material that violates intellectual property rights, privacy rights or violates other rights of pluQ or third parties; material that in the opinion of pluQ is contrary to morality or good taste, is violent or incites violence or hatred against another or others; material that mentions in any way or refers to another website competing or comparable to the Website; an Advertisement or assignment that aims to directly or indirectly promote a company; material that comes from a temporary employment agency.
pluQ reserves the right to change and / or shorten the information provided by the Gift List User. pluQ also reserves the right - but is not obliged to do so - to refuse or remove Advertisements, assignments, references, target prices and other data from the Gift List, for example because they are incorrect or unreliable, are contrary to the law or unlawful towards third parties, without this in any way leading to any right of the Gift List User to compensation.
pluQ reserves the right to exclude the Gift List User from any (further) use of the Website, by, among other things, blocking and / or deleting his Account, without being obliged to refund any fees already collected, if : the User acts in any way contrary to these General Terms and Conditions; the User infringes (intellectual property) rights of third parties; the User acts in violation of applicable laws and regulations.
pluQ makes every reasonable effort to secure its systems against loss and / or any form of unlawful use. pluQ implements appropriate technical and organizational measures for this, taking into account, among other things, the state of the art.
The Website contains references (for example by means of a hyperlink, banner or button) to the Websites of third parties. pluQ has no control over these Websites and is not responsible for their content and / or the policies pursued, including the privacy policy.
Privacy
pluQ processes personal data of Users for the performance of the Services and related activities and in accordance with the Personal Data Protection Act.
The Privacy Statement of pluQ applies to this processing of personal data.
The use of the (personal) data obtained by the User through the Website may only be used for the purpose for which they were provided. It is not permitted to process this data for any other purpose, including - but not limited to - any form of unsolicited communication (spam). It is also not permitted to collect personal data (including e-mail addresses) from Users for any reason whatsoever.
Personal page
In order to use the services of pluQ, a Personal page must be created in the manner described on the Website, stating the requested information. This Personal page is not online and will not be visible to other Users.
When the Gift List User chooses to place the Personal page (= Gift List) online, the Gift List is visible and contributions can be deposited.
A Personal page is only created when pluQ has accepted the request to place a Personal page online. € 49.95 is charged for online placement. This amount will be deducted from the deposited money when paying out to the Gift List User.
pluQ is entitled to refuse or remove (the creation of) a Personal page and / or (the placement of) a Travel Offer, assignment, reference, target price or other information by the User without stating reasons.
A password is provided to the User for the Personal Page. The password is strictly personal and the User is liable for any use made of his Personal page and indemnifies pluQ against any third-party claim for damage or otherwise, arising in any way from the use made by means of his Personal page of the Service. is made.
pluQ is entitled to change the password if this is necessary in the interest of the functioning of the Service.
Intellectual property rights
All intellectual property rights with regard to the Website belong exclusively to pluQ and / or its licensors, with the exception of the material provided by the User in connection with the placing of Advertisements, assignments, references, target prices or otherwise.
The User is not permitted, without the written permission of pluQ, to make the Website or any content thereof available to third parties in any way whatsoever, to reproduce, distribute, transmit, or in any other way in another document or other. material to be processed. This means, among other things, that the User is not permitted, without the prior written consent of pluQ, to request and reuse a substantial part of the content of (a) database (s) and / or to reuse non-substantial parts of the content of to request a database (s) repeatedly and systematically and to be reused within the meaning of the Database Act.
The User guarantees that the information placed on the Website, including Advertisements, assignments, references and target prices, does not infringe the (intellectual property) rights of third parties. The User fully indemnifies pluQ against all possible claims from third parties in any way arising from and / or related to the information placed by him on the Website, including any claim based on the allegation that the information in question infringes any (intellectual property) rights of third parties.
Liability of pluQ
pluQ is only liable for direct damage as a result of intent or gross negligence on the part of pluQ. Direct damage is exclusively understood to mean the costs that the User reasonably had to incur to repair or remedy pluQ’s shortcoming, so that the performance of pluQ complies with the agreement, as well as reasonable costs to prevent or limit such damage and reasonable costs to determine the cause and extent thereof.
pluQ is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Force majeure also includes a non-attributable shortcoming on the part of suppliers and / or other third parties that pluQ uses.
The total liability of pluQ can never amount to more than the total stipulated compensation for using the Service for the current year at the moment that the shortcoming occurs, or at least the costs charged for placing the Personal page online, with a maximum of € 500.00 (five hundred euros).
Any liability of pluQ for indirect damage, including but not limited to consequential damage, loss of profit and loss of turnover, is excluded. More in particular, pluQ is not liable for damage on the part of the User caused by third parties, who may or may not use the Website and / or the Services.
Duration and Termination
Each agreement between pluQ and the User is entered into for a definite period, namely up to 6 months after the party, and 24 months after the creation of the Personal page if it has not been placed online, unless explicitly agreed otherwise. By default, the gift list remains visible for 6 weeks after the wedding / celebration / birth. It is possible to extend this up to six months. The costs for this are € 19.95 including VAT. pluQ is at all times entitled to terminate the Agreement in writing without stating reasons.
Disputes
If the situation arises that any provision of these General Terms and Conditions is declared null and void or destroyed, the other terms and conditions will remain in full force. pluQ will in that case determine a new provision to replace the invalid / nullified provision, whereby the purport of the invalid / nullified provision will be taken into account as much as possible.
Dutch law applies to these General Terms and Conditions.
Any disputes will be submitted to the competent court in Rotterdam.