General terms and conditions
ARTICLE 1 – DEFINITIONSIn these terms and conditions, the following terms shall have the following meanings:
Offer: The termination service offered by Xpendy to the Consumer.
Acceptance: The acceptance of the Agreement by Xpendy, i.e., the Consumer automatically agrees by executing a final Application – i.e., the Consumer has completed payment;
Application: The Consumer makes an Application when it initiates a Termination with Xpendy.
Ancillary Agreement: An Agreement whereby the Consumer acquires products, digital content and/or services in connection with a Distance Contract and these products, digital content and/or services are supplied by the Provider of the cancellation service or by a third party on the basis of an agreement between that third party and the Provider of the cancellation service;
Grace period: The period within which the Consumer can make use of his Right of withdrawal;
Consumer: The natural person who is not acting for purposes related to his trade, business, craft or profession;
Day: Calendar day;
Digital content: Data produced and delivered in digital form;
Contract for an indefinite period of time: a contract that provides for the regular delivery of goods, services and/or digital content for a specific period of time;
Durable Data Carrier: Any device – including e-mail – that enables the Consumer or the Cancellation Service Provider to store information addressed to him personally in a way that allows for future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for the unaltered reproduction of the stored information;
User Agreement: By the acceptance of the Application by the Consumer and the completion of the payment, an electronic User Agreement is established. The Consumer then actually uses the service of Xpendy;
Right of withdrawal: the option for the Consumer to waive the Distance Contract within the cooling-off period;
Provider of the cancellation service: aka Xpendy;
Termination: The Consumer can terminate her subscriptions at Xpendy. Once this process is completed on Xpendy’s website, there is a Termination. The cancellation is final.
Organization: The organization to which the consumer is a member and to which the consumer would like to cancel. Also called provider;
Distance Agreement: an agreement concluded between the provider of the termination service and the consumer is concluded within the framework of an organized system for the distance sale of products, digital content and/or services, whereby until the conclusion of the agreement exclusive or partial use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and the provider of the cancellation service having to come together in the same room at the same time.
ARTICLE 2 – IDENTITY OF THE CANCELLATION SERVICE PROVIDERROI is King Group B.V. | Xpendy Postal address: Prinsenkade 5G, 4811VB Breda No visiting address; For customer service: [email protected] For advertising & partnerships: [email protected] Chamber of Commerce number: 52334538 VAT number: NL850399865B02
ARTICLE 3 – APPLICABILITY
- These General Terms and Conditions apply to the use of the internet platform xpendy.com (hereinafter referred to as ‘Xpendy’ or ‘the Provider of the cancellation service’). They describe in detail the user functions offered by Xpendy and in particular regulate the conclusion of the User Agreement between the Consumer and Xpendy. Deviating business and usage conditions are not accepted unless Xpendy expressly agrees to their validity in writing.
- Before the Distance Agreement is concluded, the text of these general terms and conditions shall be made available to the Consumer. If this is not reasonably possible, Xpendy will indicate, prior to the conclusion of the Distance Contract, how the general conditions can be viewed at Xpendy and that, at the request of the Consumer, they will be sent free of charge as soon as possible.
- If the Distance Contract is concluded electronically, then, contrary to the previous paragraph, and before the Distance Contract is concluded, the text of these General Terms and Conditions may be made available to the Consumer by electronic means in such a way that it can easily be stored by the Consumer on a durable data carrier. If this is not reasonably possible, before the Distance Contract is concluded it will be stated where the general conditions can be viewed electronically and that at the Consumer’s request they will be sent electronically or otherwise free of charge.
- If an Offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the Offer.
- The Offer contains a complete and accurate description of the digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If Xpendy uses images, these are a true representation of the products, services and/or digital content offered. Xpendy is not bound by obvious errors or mistakes in the offer.
- Each Offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the Offer.
ARTICLE 5 – THE AGREEMENT
- The Agreement will be concluded, subject to the provisions of paragraph 4, at the moment the Consumer accepts the Offer and fulfils the conditions set for it.
- The Consumer accepts Xpendy’s Offer by electronic means. Xpendy then confirms receipt of the Acceptance of the Offer by means of a confirmation email. The Consumer can use this confirmation as evidence, should this be necessary – for instance in case of withdrawal.
- In order to secure the data made available during the electronic Agreement, appropriate technical and organizational measures have been taken; in addition, there is a secure web environment. During the electronic payment the appropriate safety measures have been taken.
- Xpendy may – within the limits of the law – obtain information about the Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to the proper conclusion of the Distance Contract. If, based on this investigation, Xpendy has good reason not to enter into the Agreement, it is entitled to refuse an order or Application or to attach special conditions to its performance.
ARTICLE 6 – CONCLUSION OF THE AGREEMENTXpendy offers the consumer the possibility to use already drafted sample cancellation letters, to which the consumer can simply add his personal data. The consumer can then print out the letter and send it by registered mail to the desired company. The Consumer can also make use of Xpendy’s mailing service by means of a corresponding binding order.
The digital Offer available on the website is not legally binding. If the Consumer decides to complete a paid Application, it does make a legally binding offer to conclude a User Agreement. Xpendy accepts this Offer in a binding manner by sending the corresponding order confirmation by e-mail to the Consumer. This brings the User Agreement into effect.
The Consumer can correct the data entered at any time before the order is shipped by using the correction options during the ordering process.
ARTICLE 7 – PERIOD OF VALIDITY AND TERMINATIONThe User Agreement ends with the delivery of the ordered service (dispatch of the cancellation letter). Both parties are entitled to terminate the contractual relationship with immediate effect for important reasons. In the event of such termination, Xpendy will refund all amounts paid as soon as possible after termination of the Agreement. Exceeding the delivery period cannot lead to further claims for damages.
ARTICLE 8 – STRIVING FOR THE MOST RECENT AND CURRENT INFORMATIONXpendy strives to provide accurate, precise and up-to-date information on the platform at all times. If, despite these efforts, the website occasionally contains incorrect, incomplete or outdated information, Xpendy undertakes to correct the incorrect, incomplete or outdated information as soon as possible. If the Consumer discovers such information, Xpendy kindly requests the Consumer to indicate this so that Xpendy can apply this change. However, Xpendy cannot be held liable in any way for any inaccuracies in the information on the Platform. In particular, the Consumer cannot claim that the letter of termination is correct in content or form and/or that the notice period has been observed.
ARTICLE 9 – EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF
- As soon as possible, but no later than within fourteen days, the Consumer must send an e-mail to [email protected] asking whether the Cancellation can be cancelled, including the reason for Cancellation. The reason for Cancellation is not required by law. It is then up to Xpendy, if the cancellation letter has not yet been sent, to cancel the Cancellation and notify the Consumer accordingly.
- If the cancellation is no longer possible because it has already been sent to the Organisation by post, Xpendy must advise the Consumer to contact the Organisation where the Consumer initially wanted to cancel. The responsibility then lies with the Consumer.
- The risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal lies with the Consumer. The Consumer is therefore aware that the postal dispatch will take place rapidly and that the cancellation must be communicated as soon as possible.
- After the Consumer has exercised his Cancellation Right, Xpendy is responsible for reimbursing the costs incurred by the Consumer – this concerns only the costs charged by Xpendy for the Cancellation. These costs will be refunded to the Consumer’s payment account as soon as possible after the Cancellation.
- Xpendy is no longer responsible for the cancellation of the Notice if it has already been sent to the relevant Organisation. The final responsibility lies with the Consumer at all times.
- If the Consumer makes use of his right of withdrawal, all additional contracts will be dissolved by operation of law.
ARTICLE 10 – OBLIGATIONS OF THE CANCELLATION SERVICE PROVIDER
- If Xpendy makes it possible for the Consumer to notify the withdrawal electronically, it will send an acknowledgement of receipt of this notification without delay.
- Xpendy will refund all payments made by the Consumer, as soon as possible after the day on which the Consumer notifies it of the withdrawal.
- Xpendy uses for reimbursement the same means of payment that the Consumer used, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.
ARTICLE 11 – PERFORMANCE CONTRACT AND ADDITIONAL GUARANTEE
- Xpendy warrants that the services comply with the Agreement, the specifications stated in the Offer, the reasonable requirements of reliability and/or usefulness and the statutory provisions and/or government regulations existing on the date of conclusion of the Agreement.
- An additional guarantee provided by Xpendy never limits the legal rights and claims that the Consumer may exercise against Xpendy under the Agreement if Xpendy has failed to perform its part of the Agreement.
- Additional warranty means any commitment of Xpendy in which it grants the Consumer certain rights or claims that go beyond what the Consumer is legally obligated to do in case of failure to perform its part of the Agreement.
ARTICLE 12 – DELIVERY AND EXECUTION
- The Cancellation Service Provider will take the utmost care in receiving the Request and in providing the services.
- The services requested by the Consumer are linked to the address that the Consumer has made known to the Termination Service Provider.
- Xpendy will deliver the accepted Requests as soon as possible, unless a different delivery period has been agreed. If delivery is delayed, the Consumer will be notified as soon as possible but within two weeks after submitting the Request.
- After dissolution in accordance with the previous paragraph, the Provider of the cancellation service will refund the amount paid by the Consumer without delay.
- The cancellation letters are sent by registered mail via SkyNet and the Consumer will receive a Track & Trace code. In case of loss, the Consumer can contact Xpendy directly to find a solution. If the solution is that a renewed application can be made, Xpendy will take care of this.
ARTICLE 13 – CANCELLATIONThe Consumer can cancel a Request at any time, subject to the agreed cancellation rules. If the Termination has already been sent to the Provider, the Consumer can contact the Provider concerned to cancel the Termination.
ARTICLE 14 – PAYMENT
- Xpendy takes all necessary measures to ensure the security of your online transactions. Xpendy guarantees this protection by using specialised service providers, such as authorised credit card companies and payment service providers.
- Unless otherwise stipulated in the Agreement or additional conditions, the amounts owed by the Consumer must be paid immediately after concluding the Agreement.
- The Consumer has the duty to immediately report inaccuracies in payment information provided or stated to Xpendy.
ARTICLE 15 – LIABILITY OF THE CANCELLATION SERVICE PROVIDER
- Claims for damages against Xpendy are excluded, with the exception of claims for death, personal injury or damage to health, or for non-compliance with material contractual obligations (cardinal obligations), as well as liability for other damages which are due to an intentional or grossly negligent breach of duty by Xpendy, or by a legal representative or vicarious agent of Xpendy. Essential contractual obligations are obligations whose fulfilment is necessary to achieve the purpose of the Agreement.
- Xpendy’s liability is limited to the amount of the contract concluded between the Consumer and Xpendy.
- The limitations in the above paragraphs also apply in favour of the legal representatives and vicarious agents of Xpendy, if claims are made against them.
- The Consumer releases Xpendy from claims for damages that third parties may bring against Xpendy due to violation of a right or non-compliance with an obligation by the Consumer itself, unless it is not responsible for that violation or non-compliance. This includes, in particular, claims based on or in connection with content that the Consumer stores, publishes and/or transmits in the context of the Xpendy Services.
- If Xpendy includes on its website a link to third-party websites, Xpendy cannot be held liable for the content or existence of those websites.
ARTICLE 16 – COMPLAINTS PROCEDURE
- Xpendy has a sufficiently notified complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints about the performance of the Agreement must be submitted to Xpendy within 14 days after the Consumer has discovered the defects, fully and clearly described. This can be done via the e-mail address [email protected].
- Complaints submitted to Xpendy will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Xpendy will respond within 14 days with a notice of receipt and an indication of when the Consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after the complaint was submitted, a dispute arises which is open to the dispute settlement procedure.