Terms and Conditions PrepaidUnion.com
These Terms and Conditions are the standard conditions for online sales as common in the market. These conditions have been established in consultation with Consumers' Association in the context of the ‘Coördinatiegroep Zelfreguleringoverleg’ (CZ) of the Economic and Social Council, enforced as of January 1st 2010.
Article 1 - Definitions
In these Terms and Conditions the following terms shall have the following meaning:
- Operator: the natural or legal person who offers remote products and / or services to the consumer;
- Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a remote agreement with the operator;
- Remote agreement: an agreement where, in the context of a system for remote sale of product and / or services organized by the operator, up to the conclusion of an agreement, one ore more techniques for remote communications are exclusively used;
- Technology for remote communication: means to be used for the conclusion of an agreement, without the consumer and operator being in the same room at the same time;
- Reflection period: the period in which the consumer may exercise his right of withdrawal;
- Right of withdrawal: the option for the consumer to refrain from the remote agreement within the reflection period;
- Day: calendar day;
- Duration Transaction: a remote agreement regarding a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
- Durable data carrier: every means allowing the consumer or operator to store information addressed to him/her personally in a way that allows for future consultation and unaltered reproduction of the stored information.
Article 2 - Identity of the entrepreneur
Prepaid Union BV
trading under the name: prepaidunion.com
Post address:
P.O. box 95280
1090 HG Amsterdam
Nederland
Address:
Cessnalaan 1
1119 NJ Schiphol-Rijk
The Netherlands
Phone number : +31207009293
Availability : From Monday through Friday, 9 AM through 5 PM CET
Email address: support@prepaidunion.com
Chamber of Commerce number: 24459901
VAT ID number: NL820722133B01
Article 3 - Applicability
- These terms and conditions apply to every offer of the operator and every concluded remote agreement between the operator and the consumer.
- Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not possible within reason, the consumer will be notified of the fact that the general conditions are available at the operator (before concluding the agreement) and that these will be sent to the consumer as soon as possible on request, free of charge.
- Of the remote agreement is concluded electronically, the text of these terms and conditions can be made available to the consumer electronically, notwithstanding the provisions of the previous paragraph, in such a way that these can easily be stored by the consumer on a durable data carrier. If this is not possible within reason, the consumer will be notified of the location through which he / she can electronically learn of these terms and conditions, and that these will be sent electronically, or otherwise, free of charge, on request.
- In case specific product- or service conditions apply in addition to these terms and conditions, the second and third paragraph applies accordingly and the consumer can always call on the applicable provision most beneficial to him / her in case of conflicting terms and conditions.
Article 4 – The offer
- If an offer has limited validity or is made under conditions, this is explicitly mentioned in the offer.
- The offer contains a full and accurate description of the products and / or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the operator uses images, these shall truthfully reflect the products and / or services offered. Obvious mistake or errors in the offer are not binding to the operator.
- Every offer contains such information that makes clear to the consumer which rights and obligations attached to acceptance of the offer. This concerns in particular:
- the price, including taxes;
- any delivery costs;
- the way the agreement will be concluded and the actions required;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or implementation of the agreement;
- the period for acceptance of the offer or the period for the maintenance of price;
- the height of the rate for remote communication if the costs of the use of the technology for remote communication are calculated on a different basis than the basic rate;
- if the agreement is archived after conclusion, how it can be accessed by the consumer;
- the way the consumer can be informed about non-desired actions prior to concluding the agreement as well as the way he can restore these before the agreement is concluded;
- any languages in which the agreement can be concluded, in addition to Dutch;
- the code of conduct to which the operator is subject and the way the consumer can consult these codes of conduct electronically; and
- the minimum duration of the remote agreement in case of an agreement that that involves the continuous or periodic supply of products or services.
Article 5 – The agreement
- The agreement will be established, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and on meeting the defined requirements.
- If the consumer has electronically accepted the offer, the operator shall immediately electronically confirm the receipt of the offer acceptance. As long as the receipt of this acceptance has not been confirmed, the consumer has the right to dissolute the agreement.
- If the agreement is concluded electronically, the operator will take proper technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer is offered electronic payment methods, the operator will observe proper safety measures thereto.
- Within the confines of the Law, the operator may inform about the ability of the consumer to meet his payment obligations as well of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the operator has good reasons to refrain from concluding the agreement, he has the right to refuse an order or application under provision of reason, and / or to attach special conditions to the implementation.
- The operator will include the following information with the product of service to the consumer, in writing or in such a way that it can stored in an accessible manner on a durable data carrier:
- the visiting address of the office of the operator to which the consumer can send his complaints;
- the conditions under which and the way the consumer can exercise the right of withdrawal, or a clear notification about the exclusion of the right of withdrawal;
- the information on existing service after purchase and warranties;
- the data included in article 4, paragraph 3 of these conditions, unless the operator already provided this data to the consumer prior to the implementation of the agreement;
- the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
- If the operator has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.
Article 6A - Right of withdrawal for delivery of products
- The consumer may refrain from the purchase of our services and products until the services and / or products have been made available. The services and / or products are made available if the consumer has been able to see the top-up code on screen, after completing his transaction, an e-mail has been sent to the Consumer containing the top-up code and / or a text message has been sent to the Consumer containing the top-up code.
Article 6B - Right of withdrawal in rendering of services
- To exercise his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the operator with the offer and / or at the latest on delivery.
Article 7 - Costs in case of withdrawal
- If the consumer wishes to exercise his right of withdrawal, the maximum charge he may receive is the costs of the return shipment.
- If the consumer has paid an amount, the operator will reimburse this amount as soon as possible, however no later than 14 days after the return shipment or recall.
Article 8 - Exclusion of right of withdrawal
- If the consumer does not have the right of withdrawal, this can only be rejected by the operator if the operator has clearly stated this in the offer, at least in due time before the conclusion of the agreement.
- Rejection of the right of withdrawal is only possible for products:
- Established by the operator according to consumer specifications;
- that are clearly personal in nature;
- that cannot be returned due to their nature;
- that easily spoil or age;
- the price of which is linked to fluctuations on the financial market beyond the control of the operator;
- for individual newspapers and magazines;
- for audio- and video recordings and computer software of which the consumer has broken the seal.
- Rejection of the right of withdrawal is only possible for services:
- concerning lodging, transport, restaurant business or leisure to be performed on a certain date or during a certain period;
- of which the delivery has started with the express approval of the consumer, before the reflection period has passed;
- on betting and lotteries.
Article 9 – The price
- During the validity period mentioned in the offer, the prices of the products and / or services offered shall not be increased except for in case of price changes as a result of changes in VAT rates.
- Not withstanding the previous paragraph, the operator may offer products or services, prices of which are linked to fluctuations on the financial market, beyond the control of the entrepreneur, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, are mentioned with the offer.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legislation or regulations.
- Price increases as of 3 months after the conclusion of the agreement are only allowed if the operator has agreed this and:
- If these are the result of legislation or regulations; or
- The consumer has the authority to terminate the agreement on the day the price increase enters into force.
- The prices mentioned in the offer of products or services are VAT inclusive, where VAT applies.
Article 10 - Compliance and Warranty
- The operator guarantees that the products and / or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and / or usefulness and the current laws and / or government regulations applicable on the date of conclusion of the agreement.
- A scheme offered by the operator, manufacturer or importer by means of warranty is without prejudice to the rights and claims the consumer may exercise regarding shortcomings in the fulfillment of the obligations of the operator towards the operator based on law and / or the remote agreement.
Article 11 - Delivery and implementation
- The operator will take the greatest possible diligence when receiving and implementing product orders and in the assessment of requests to render services.
- The delivery location is considered to be the address provided to the company by the consumer.
- Subject to the provisions of article 4 of these terms and conditions, the company will implement accepted orders expeditiously, however no later than within 1 day, unless a longer delivery period has been agreed. If an order can’t or can only partially be implemented, the consumer will receive notification of this at the latest one day after he places the order. In that case, the consumer has the right to dissolute the agreement free of charge and is entitled to any compensation of damages.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will return the amount paid by the consumer as soon as possible, however no later than 30 days after dissolution.
- If delivery of an ordered product proves to be impossible, the operator will make efforts to provide a replacement product. At the latest on delivery, there will be a clear and comprehensible notification of the fact that a replacement article is being delivered. The right of withdrawal cannot be rejected for replacement articles. The costs of the return shipment will be borne by the operator.
- The risk of damages and / or missing products lies with the operator up until the time of delivery to the consumer, unless explicitly agreed otherwise.
Article 12 - Duration Transactions
- The consumer may terminate an indefinite agreement at all times, subject to the agreed termination rules and a notice of at least one month.
- An agreement concluded for a definite period has a maximum duration of two years. If it has been agreed that, in case of no consumer response, the remote agreement will be tacitly renewed, the agreement will be continued as an indefinite agreement and the maximum notice will be one month after continuation of the agreement.
Article 13 - Payment
- Payments for deliveries are made through methods made available by the Entrepreneur.If advanced payment is agreed, the consumer may not assert any rights regarding the i9mplementation of the specific order or service(s), if the agreed advance payment has not taken place yet.
- The consumer has the obligation to immediately notify the trader of inaccuracies with regard to provided or listed payment details.
Article 14 – Database entry and Privacy
- The consumer’s details are included in a database owned by the Trader. Trader has the right to use anonymous demographic information about Consumer in order to improve the Service and for marketing purposes and to make it available to third parties.
- Operator will comply with the applicable Dutch legislation in respect of privacy. If law requires so, Operator will make Consumer details available to third parties. Operator uses cookies. Cookies are small files, often created when you visit a website and that are stored in the cookie directory of your computer. A cookie often contains an anonymous unique code. Cookies do not inflict harm to computers. Every website may send its own cookie to the browser of the Consumer, if the browser preferences allow this. However, in order to protect the privacy of the Consumer, the browser only grants websites access to the cookies if they sent it to the Consumer themselves, and not to the cookies sent to the Consumer by other websites.
- If consumer wants to see, remove or change, he / she can express this desire by sending an e-mail to: support@prepaidunion.com
- There are two types of cookies. Permanent cookies remain on the Consumer’s computer for a certain period of time, for instance six to twelve months. Operator uses permanent cookies to gather information about the website use, for the above-mentioned purposes. These cookies do not contain any personal information and cannot be used to identify the Consumer. Session specific cookies are deleted when Consumer leaves the website. Operator uses session cookies for the following purposes: to store the information provided during the use of an interactive tool on the website; to store data when the Consumer is logged in on the website; to gather information about website use as described above. Information cookies about website use contain no personal information and cannot be used for identification.
- Third parties, such as advertisers who post banners or hyperlinks on Operator’s websites may also use cookies. These keep track of which ads have already been shown to Consumer. These cookies are not placed by the Operator, but by the company that handles the advertisements. Operator is not responsible for the content of third party websites, nor for the use of cookies by these third parties.
Consumer decides whether or not to accept cookies by adjusting the browser settings, to accept all cookies, refuse all cookies or have the browser warn when a cookie is being offered. More information on this can be requested from the browser’s manufacturer. Please check www.microsoft.com for more information about Microsoft Internet Explorer regarding cookies or www.mozilla.org for more information about Mozilla Firefox regarding cookies. If cookies are turned off, certain features may not work properly or Consumer may not be able to use certain services.
Article 15 – Complaint scheme
- The entrepreneur has a well-publicized complaint procedure and handles the complaint in compliance with this complaint procedure.
- Complaints on the implementation of the agreement should be submitted to the operator within reasonable time after the consumer has found the defects.
- Complaints submitted to the operator will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer handling period, operator will answer within the 14-day term with a confirmation of receipt and an indication when the consumer can expect a more extensive answer.
Article 16 - Disputes
- To agreements between the operator and the consumer to which these general conditions apply, Dutch Law exclusively applies.
Article 17 - Additional or different provisions
- Additional provisions of provisions deviating from these terms and conditions, cannot be at the prejudice of the consumer and should be recorded in writing, or in such a way that they can be easily stored by the consumer on a durable data carrier.
Article 18 - Change of terms and conditions
- Changes to these conditions shall only enter into force after these have been published the appropriate way, provided that, in case of applicable changes during the term of an offer, the most beneficial provision for the consumer will prevail.