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Terms and Conditions

Product Terms & Conditions – Choice Gift Card

Redeeming the Choice Gift Card
It is not possible to redeem your Dutch Choice Gift Card on the Belgian website (cadeaubon.be).

Applicability
1. These terms and conditions apply to the legal relationship between Cadeaubonnen.nl B.V. and the holder of a digital or physical Choice Gift Card (hereinafter: “CGC”) issued by Cadeaubonnen.nl B.V.
2. The CGC is a gift card with a stored credit of between €10 and €500, which is registered in the central administration of Cadeaubonnen.nl B.V.

Expiration Date
3. The CGC is valid for two years after purchase. After this period, any claim to the remaining balance expires.
4. The balance and expiration date of the CGC can be checked at any time via the digital platforms or customer service of Cadeaubonnen.nl B.V., free of charge.
5. Once expired, the CGC can no longer be redeemed or used as a means of payment.
6. The CGC or any remaining balance can under no circumstances be exchanged for cash.

Transferability
7. The CGC is only legally tradable via the digital platforms of Cadeaubonnen.nl B.V. or through authorised resale partners designated by Cadeaubonnen.nl B.V. Private or commercial resale is not permitted without the express consent of Cadeaubonnen.nl B.V.
8. The CGC may only be passed on free of charge to a subsequent holder for use as a gift card.

Usage
9. Each CGC contains a unique code combination (19-digit card number and security code). The holder must store this code securely. In the event of theft, loss or unauthorised use by third parties, no compensation or replacement will be provided.
10. The CGC can be redeemed for other gift cards via the digital platforms of Cadeaubonnen.nl B.V. until the expiration date.
11. Use of the CGC for commercial purposes and/or any use other than that for which it was issued is not permitted.

Blocking
12. In case of suspected fraud or misuse, Cadeaubonnen.nl B.V. may suspend the use of one or more CGCs indefinitely and/or deny access to the card temporarily or permanently.
13. Cadeaubonnen.nl B.V. reserves the right to block the CGC in the event of concerns about the creditworthiness of business customers or if payment terms are exceeded.
14. In the event of force majeure, Cadeaubonnen.nl B.V. may suspend redemption of the CGC for an indefinite period.

Delayed Payment
15. Credit will only be applied to the CGC after payment has been received, unless otherwise agreed in writing by both parties.

Offer
16. Cadeaubonnen.nl B.V. may modify the range of gift cards available for redemption with the CGC at any time within reasonable limits. No rights may be derived from the offer shown on the redemption platforms of Cadeaubonnen.nl B.V., on the CGC itself, or on associated printed materials or packaging.

Refunds
17. Cadeaubonnen.nl B.V. does not issue refunds for CGCs purchased via third parties (authorised resellers, retail chains).
18. The choice made by the holder when redeeming the CGC via the digital platforms of Cadeaubonnen.nl B.V. is final and explicitly does not constitute a distance sale.

Other Provisions
19. These terms form an integral part of the general terms and conditions published on this website.
20. If one or more provisions of these terms are found to be invalid, the remaining terms will remain in effect. The parties shall consult to replace any invalid provisions with legally valid alternatives that align as closely as possible with the original intent.

Click here to download the Terms and Conditions

Article 1: Definitions

In these terms and conditions, the following definitions apply:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the trader or by a third party based on an arrangement between that third party and the trader.

2. Cooling-off period: the period within which the consumer may exercise the right of withdrawal.

3. Consumer: a natural person who is not acting for purposes relating to their trade, business, craft or profession.

4. Day: calendar day.

5. Digital content: data that is produced and delivered in digital form.

6. Continuous contract: a contract for the regular supply of goods, services and/or digital content over a defined period of time.

7. Durable medium: any tool—including email—that enables the consumer or trader to store information addressed to them personally in a way that allows future consultation or use for a period that is adequate for the purpose of the information, and which allows unchanged reproduction of the stored information.

8. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period.

9. Trader: a natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers at a distance.

10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the contract.

11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order.

12. Technique for distance communication: any means that can be used to conclude a contract without the consumer and the trader being in the same place at the same time.

Article 2: Identity of the trader

Company name: Cadeaubonnen.nl B.V.
Trading under the name(s): Cadeaubon.nl, Cadeaubonnen.nl

Registered office:
giftcards.group
Ambachtsweg 6
1474 HW Oosthuizen
The Netherlands

Visiting address:
giftcards.group
Ambachtsweg 6
1474 HW Oosthuizen
The Netherlands

Telephone number: +31 30 227 1647
Availability: Monday to Friday, from 09:00 to 17:00 (CET)

Email address: [email protected]
Chamber of Commerce number (KvK): 66631696
VAT number: NL856638638B01

Article 3: Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
  2. Before a distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will, before concluding the distance contract, indicate how the general terms and conditions can be inspected at the trader’s premises and that they will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may, contrary to the previous paragraph and before the distance contract is concluded, be provided to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate, before concluding the distance contract, where the terms and conditions can be accessed electronically and that they will be sent to the consumer free of charge electronically or otherwise upon request.
  4. In cases where specific product or service terms apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly, and the consumer may always rely on the provision that is most favourable to them in the event of conflicting terms.

Article 4: The offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the trader uses images, these must be a truthful representation of the products, services and/or digital content being offered. Obvious mistakes or errors in the offer do not bind the trader.
  3. Every offer includes information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5: The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
  2. If the consumer accepts the offer electronically, the trader shall promptly confirm receipt of the acceptance electronically. As long as the trader has not confirmed receipt, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the trader shall implement appropriate technical and organisational measures to secure the electronic transmission of data and ensure a safe web environment. If the consumer can pay electronically, the trader will take suitable security measures to protect that payment.
  4. Within the legal framework, the trader may gather information on whether the consumer can meet their payment obligations, as well as other relevant facts and factors necessary for responsibly entering into a distance contract. If, based on this investigation, the trader has good reason not to enter into the agreement, they are entitled to refuse an order or request, with justification, or to attach special conditions to its execution.
  5. No later than upon delivery of the product, service, or digital content, the trader shall provide the consumer, either in writing or in a way that allows the consumer to store the information accessibly on a durable medium, with the following:
    a. the visiting address of the trader’s business location where the consumer can submit complaints;
    b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
    c. information regarding warranties and after-sales service;
    d. the total price, including all taxes, of the product, service or digital content; if applicable, delivery charges; and the method of payment, delivery, or performance of the distance contract;
    e. the requirements for terminating the agreement if the contract has a duration of more than one year or is of indefinite duration;
    f. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a continuing performance contract, the provisions of the previous paragraph apply only to the first delivery.

Article 6: Right of Withdrawal

For products:

  1. The consumer may dissolve a contract relating to the purchase of a product within a minimum cooling-off period of 14 days without giving any reason. The trader may ask for the reason of withdrawal but cannot require the consumer to provide one.
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
    a. if the consumer ordered multiple products in one order: the day on which the consumer, or a designated third party, received the last product. The trader may, provided they have clearly informed the consumer prior to the order process, refuse an order of multiple products with different delivery times.
    b. if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a designated third party, received the final shipment or part;
    c. for agreements involving regular delivery of products over a certain period: the day on which the consumer, or a designated third party, received the first product.

For services and digital content not delivered on a physical medium:

  1. The consumer may dissolve a service contract or a contract for the supply of digital content not delivered on a physical medium within a minimum of 14 days without stating any reason. The trader may ask for a reason for withdrawal but may not require the consumer to provide one.
  2. The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the contract.

Extended cooling-off period for products, services, and digital content not delivered on a physical medium if the consumer was not informed of the right of withdrawal:

  1. If the trader has not provided the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period as determined in accordance with the preceding paragraphs of this article.
  2. If the trader provides the information referred to in the previous paragraph within twelve months of the start of the original cooling-off period, the cooling-off period ends 14 days after the day on which the consumer received that information.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer shall handle the product and its packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.
  2. The consumer is only liable for any decrease in the value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any decrease in the value of the product if the trader did not provide all legally required information about the right of withdrawal before or at the time of concluding the agreement.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

  1. If the consumer exercises their right of withdrawal, they shall notify the trader within the cooling-off period using the model withdrawal form or by making an unambiguous statement to that effect.
  2. As soon as possible, but no later than 14 days after the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the trader (or an authorised representative), unless the trader has offered to collect the product. The return deadline is met if the consumer sends the product back before the cooling-off period has expired.
  3. The consumer shall return the product with all supplied accessories, in its original condition and packaging if reasonably possible, and in accordance with the trader’s reasonable and clear instructions.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct cost of returning the product, unless the trader has failed to inform them of this obligation or has stated that the trader will bear the costs.
  6. If the consumer withdraws after having explicitly requested that the provision of a service or the delivery of gas, water or electricity not made ready for sale in a limited volume or set quantity begin during the cooling-off period, the consumer shall owe the trader an amount proportional to what has been provided up to the moment of withdrawal, compared to full performance of the contract.
  7. The consumer shall not bear any costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
    a. the trader has not provided the consumer with the legally required information about the right of withdrawal, reimbursement of costs upon withdrawal, or the model withdrawal form; or
    b. the consumer has not expressly requested the start of the performance during the cooling-off period.
  8. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a physical medium if:
    a. they have not expressly consented to beginning performance of the contract before the end of the cooling-off period;
    b. they have not acknowledged losing their right of withdrawal by giving such consent; or
    c. the trader has failed to confirm this declaration.
  9. If the consumer exercises the right of withdrawal, all supplementary contracts shall be terminated by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

  1. If the trader enables the consumer to submit the withdrawal notification electronically, the trader shall send an acknowledgment of receipt without delay after receiving this notification.
  2. The trader shall reimburse all payments received from the consumer, including any delivery costs charged by the trader for the returned product, without delay and no later than 14 days from the day on which the consumer notifies the trader of the withdrawal. Unless the trader offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer provides proof of return, whichever occurs earlier.
  3. The trader shall use the same payment method for reimbursement as was used by the consumer, unless the consumer agrees to a different method. The reimbursement shall be free of charge to the consumer.
  4. If the consumer opted for a delivery method that was more expensive than the standard, least-cost option, the trader is not required to refund the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if the trader clearly stated this in the offer, or at least in good time before concluding the contract:

  1. Products or services whose price is subject to fluctuations in the financial market that are beyond the trader’s control and which may occur within the withdrawal period
  2. Contracts concluded during a public auction. A public auction is defined as a method of sale whereby products, digital content and/or services are offered by the trader to the consumer who is personally present or has the opportunity to be personally present at the auction, conducted by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services
  3. Service contracts, after full performance of the service, but only if:
    a. the performance began with the consumer’s explicit prior consent; and
    b. the consumer has acknowledged that they lose their right of withdrawal once the trader has fully performed the contract
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport
  5. Service contracts for the provision of accommodation, if the contract specifies a particular date or period of performance and other than for residential purposes, goods transport, car rental services, or catering
  6. Contracts relating to leisure activities, if the contract specifies a particular date or period of performance
  7. Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person
  8. Products that perish quickly or have a limited shelf life
  9. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery
  10. Products which, after delivery, are by their nature irreversibly mixed with other items
  11. Alcoholic beverages whose price was agreed upon at the time of concluding the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the trader’s control
  12. Sealed audio or video recordings and computer software, if the seal has been broken after delivery
  13. Newspapers, periodicals or magazines, with the exception of subscriptions to these publications
  14. The supply of digital content not delivered on a physical medium, but only if:
    a. the performance has begun with the consumer’s explicit prior consent; and
    b. the consumer has acknowledged that they thereby lose their right of withdrawal

Article 11 – The price

  1. During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
  2. Contrary to the previous paragraph, the trader may offer products or services with variable prices if these are subject to fluctuations in the financial market beyond the trader’s control. This dependency on market fluctuations and the fact that any listed prices are target prices must be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory provisions or regulations.
    4.1. Price increases starting from 3 months after the conclusion of the agreement are only permitted if the trader has stipulated this and:
    a. they are the result of statutory provisions or regulations; or
    b. the consumer has the right to terminate the agreement as of the day the price increase takes effect.

Article 12 – Performance of the agreement and additional warranty

  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use beyond normal use.
  2. Any additional warranty provided by the trader, their supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the trader under the agreement if the trader has failed to fulfil their part of the agreement.
  3. An additional warranty is understood to mean any commitment by the trader, their supplier, importer, or manufacturer in which they grant the consumer certain rights or claims that exceed their legal obligations in case of non-performance of the agreement.

Article 13 – Delivery and performance

  1. The trader shall exercise the utmost care when receiving and fulfilling orders for products and when assessing requests for the provision of services.
  2. The place of delivery shall be the address that the consumer has provided to the trader.
  3. With due observance of the provisions of Article 4 of these general terms and conditions, the trader shall execute accepted orders promptly and at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer shall be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to terminate the agreement free of charge and is entitled to compensation where applicable.

Article 14 – Continuing performance contracts: duration, termination and renewal

Termination:

  1. The consumer may terminate a contract entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the applicable notice provisions and with a notice period of no more than one month.
  2. The consumer may terminate a fixed-term contract that involves the regular delivery of products (including electricity) or services at any time at the end of the fixed term, subject to the applicable notice provisions and with a notice period of no more than one month.
  3. In the case of the contracts referred to in the previous paragraphs, the consumer shall:
  • have the right to terminate the contract at any time, not limited to termination at a specific moment or during a specific period;
  • be able to terminate the contract in the same manner as it was concluded;
  • always be allowed to terminate the contract with the same notice period as the trader applies for themselves.

Renewal:

  1. A fixed-term contract involving the regular delivery of products or services (including electricity) may not be automatically extended or renewed for a fixed duration.
  2. By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, provided the consumer can terminate the renewed contract at the end of the renewal period with a notice period of no more than one month.
  3. A fixed-term contract involving the regular delivery of products or services may only be renewed tacitly for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. In the case of a contract involving the regular, but less than monthly, delivery of daily or weekly newspapers and magazines, the notice period shall be no more than three months.

Article 15 – Payment

  1. Unless otherwise stated in the agreement or additional terms, any amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if no cooling-off period applies, within 14 days after concluding the agreement. In the case of a service contract, this period starts on the day after the consumer receives confirmation of the agreement.
  2. In the sale of products to consumers, the consumer may never be obligated under general terms and conditions to make an advance payment of more than 50%. If advance payment is agreed, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
  3. The consumer has the obligation to report any inaccuracies in provided or stated payment details to the trader without delay.
  4. If the consumer fails to meet their payment obligation(s) on time, and after being notified by the trader of the late payment and being granted a 14-day period to still fulfil the payment obligation, the consumer shall owe statutory interest on the outstanding amount after this 14-day period has passed without payment. The trader is also entitled to charge the extrajudicial collection costs incurred. These collection costs are capped as follows: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum charge of €40. The trader may apply lower rates or amounts in the consumer’s favour.

Article 16 – Complaints procedure

  1. The trader shall have a sufficiently publicised complaints procedure in place and shall handle complaints in accordance with this procedure.
  2. Complaints about the performance of the agreement must be submitted to the trader promptly, fully and clearly described, after the consumer has identified the defects.
  3. Complaints submitted to the trader shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader shall respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed reply.
  4. A complaint about a product, service or the trader's service can also be submitted using the complaint form on the consumer page of the Thuiswinkel.org website: www.thuiswinkel.org. The complaint will then be sent to both the relevant trader and Thuiswinkel.org.
  5. The consumer must allow the trader at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that becomes subject to the dispute resolution procedure.

Article 17 – Disputes

  1. Agreements between the trader and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. If the trader directs their commercial activities to the consumer’s country of residence, the consumer may always invoke the mandatory consumer protection laws of their own country.
  2. Disputes between the consumer and the trader concerning the formation or execution of agreements relating to products and services delivered or to be delivered by this trader may, subject to the provisions below, be submitted by either the consumer or the trader to the Thuiswinkel Disputes Committee, PO Box 90600, 2509 LP The Hague, the Netherlands (www.sgc.nl).
  3. A dispute will only be handled by the Disputes Committee if the consumer has first submitted the complaint to the trader within a reasonable period.

Article 18 – Sector Guarantee

  1. Thuiswinkel.org guarantees the compliance of its members with binding decisions issued by the Thuiswinkel Disputes Committee, unless the member submits the binding decision for review to a court within two months after the decision was issued. This guarantee is reinstated if the binding decision is upheld by the court and the judgment becomes final and binding. Thuiswinkel.org will pay the consumer up to a maximum of €10,000 per binding decision. If the amount exceeds €10,000, Thuiswinkel.org will pay €10,000, and for the remainder, it will make best efforts to ensure that the member complies with the binding decision.
  2. To invoke this guarantee, the consumer must submit a written request to Thuiswinkel.org and transfer their claim against the trader to Thuiswinkel.org. If the claim exceeds €10,000, the consumer will be offered to transfer the amount exceeding €10,000 to Thuiswinkel.org, after which Thuiswinkel.org will pursue payment of that amount in court in its own name and at its own expense on behalf of the consumer.

Article 19 – Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing, or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 20 – Amendments to the Thuiswinkel General Terms and Conditions

  1. Amendments to these terms and conditions shall only take effect after they have been published in an appropriate manner, on the understanding that, in the event of changes during the validity of an offer, the provision most favourable to the consumer shall prevail.

Thuiswinkel.org
www.thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede, Netherlands

Annex I: Model withdrawal form

(Please complete and return this form only if you wish to withdraw from the contract)

To:
[ name of trader ]
[ geographical address of trader ]
[ fax number of trader, if available ]
[ email address or electronic address of trader ]

I/We* hereby give notice that I/we* withdraw from my/our* contract for:
the purchase of the following goods: [description of goods]*
the supply of the following digital content: [description of digital content]*
the provision of the following service: [description of service]*

Ordered on*/received on* [date of order for services or date of receipt for goods]

[Name of consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
[Date]

*Delete or complete as appropriate.