General Terms and Conditions
Article 1 - Definitions
Terms and definitions of these General Conditions. The terms are indicated in these general conditions with a capital letter:
- 24/7 Discount: 24/7 Discount is a part of Hotshopper B.V., established in Rotterdam and registered at the Chamber of Commerce with number 54245885. By 24/7 Discount is also intended any subsequent domain that is relocated to.
- Website: www.247discount.nl.
- Visitor: anyone who visits or has visited the Website.
- Member: the natural person or legal person who enters into an Agreement with Hotshopper B.V., who is a resident or is established in the Netherlands and who has a Netherlands bank account number.
- Account: the (personal) environment of the Member in which the status of the Credit is indicated, and personal data can be changed.
- Advertiser: the Advertiser offering products and/or services on his website and where the Member is led to by way of a link through the Website in order to qualify for a Discount.
- Transaction: a transaction is a purchase of a product or service at the Advertiser that is conducted by a Member on the website of the Advertiser. The Transaction is successful if the Advertiser has approved the purchase.
- Discount: on the Website of 24/7 Discount, the discounts are displayed that may apply to a Transaction at an Advertiser. The discount (a fixed amount per purchase or a percentage of the total purchase amount exclusive of VAT) varies per Advertiser and possibly per product or service.
- Credit: the discount received in the account of the Member. See article 4 section 1.
- Agreement: an arrangement, agreement, or contract between Hotshopper B.V. and Member, including the General Conditions if applicable.
- General Conditions: the whole of the provisions as included in the following.
Article 2 - Applicability General Conditions
- To all offers, Agreements, and deliveries/transactions of 24/7 Discount, the present General Conditions are applicable, unless it was expressly established otherwise in writing. This also applies for the forum and the discussions and messages that are posted there.
- If a Member refers to his General Conditions, those conditions are not applicable, unless this was expressly agreed to by 24/7 Discount, or Hotshopper B.V., in writing.
- These General Conditions are also applicable to every visitor of the Website or to any natural person or legal entity that has or comes to have a contractual relationship, of any kind whatsoever, with 24/7 Discount.
- To the Discounts displayed on the Website additional conditions may apply. Such additional conditions are listed on the page of the relevant Advertiser on the Website.
Article 3 - Registration
- In order to make use of the Discount and other services/modules offered by 24/7 Discount, Member must voluntarily and for free register on the Website. Member chooses a username and password with which the Account (and thereby the Credit) can be managed. The registration and use of 24/7 Discount is free of charges. The Visitor is obliged to fill out the registration form truthfully. By registering, he declares to have done so. He thereby declares as well that he is authorised to make use of the Website and to act in accordance with the General Conditions.
- A username and password are personal and may not be provided to third parties. Username and password are not transferable.
- Member must keep the usernames and passwords secret. 24/7 Discount is not responsible for abuse of usernames and passwords and may assume that a Member logging in on the Website effectively is that Member. Member must inform 24/7 Discount if Member has a suspicion that the usernames and passwords have fallen into the hands of unauthorised parties. 24/7 Discount has the right to take effective measures in such cases.
- It is only permitted to Member to use one Account per person. The management of creation of multiple Accounts by Member is not permitted.
- After each turn of the year, the Account of the Member will be accessible on a subsequent domain that is relocated to.
- The Discount is offered by 24/7 Discount and not by the Advertiser. Member is shown an amount of money by 24/7 Discount in the Account following a successful Transaction. This Discount or the amount of money is not displayed in the order process of the Advertiser. The Discount is converted into an amount of money and following a successful Transaction added to the Account of Member as Credit. The Credit is inclusive of VAT.
- A Discount based on a percentage is essentially calculated over the amount of the order exclusive of VAT and shipping costs.
- A Discount is automatically attributed to the account of the Member. As soon as the Advertiser has approved the Transaction, the Discount is converted into Credit. Discount can change as soon as the content of the Transaction changes.
- An Advertiser can reject a Transaction if the Transaction is not entirely completed, with the result that the Discount is not converted into Credit.
- Member must visit the website of an Advertiser through a link that is shown on the website of 24/7 Discount. Without the link indicated by 24/7 Discount it is not possible for Member to receive a Discount. In addition, Member must be logged in on the Website of 24/7 Discount during the Transaction to receive a Discount. It is important that Member does not close the browser during the order process and doesn't surf to a different website. When Member surfs to different websites between the click-out from the Website to the Advertiser and the Transaction, 24/7 Discount may possibly be unable to add the Discount to the Account.
- Member must not deactivate cookies. The deactivation of cookies entails that Transactions cannot be registered by the Website and the Advertiser. In such case, the Discount cannot be attributed to the Account of the Member.
- If Member cancels the purchase through an Advertiser completely or partially or returns it, the Discount lapses (in that case, the Transaction is marked as 'rejected'). The afore-stated may happen both before and after disbursement of the Credit.
- A Discount is converted into Credit as soon as the Advertiser has approved the Transaction and has informed 24/7 Discount accordingly. 24/7 Discount has no influence whatsoever on the decision of the relevant Advertiser whether or not to designate the transaction as a successful transaction.
- The status of a Transaction is reported by an Advertiser to 24/7 Discount. 24/7 Discount assumes that this reporting is correct and excludes liability in case of incorrect reporting with regard to the Member. Member must take care himself of sufficient proof if the reporting of an Advertiser is incorrect. Member can present proof to 24/7 Discount in order to qualify for the Discount. 24/7 Discount will act in the interest of the Member within the limits of its possibilities.
- 24/7 Discount receives compensation from the Advertisers that are directly or indirectly associated with the Website. If an Advertiser does not comply with his payment obligations regarding these fees, no Credit is added to the account of Member.
- 24/7 Discount does not give Member any guarantee that the Discount can be used in combination with other savings or discount campaigns (for example discount campaigns of the Advertiser himself). 24/7 Discount does not accept any liability for the consequences that have arisen due to the rejection of a Transaction by an Advertiser on such basis, nor for any damage that has arisen as a result.
- Wherever the Discount is based on a currency other than the Euro, it is subject to the exchange rate at the time the transaction is designated by the Advertiser as 'approved'.
- If a Transaction is not listed on the account of Member within 48 hours after purchase, Member can submit a ticket to report the unregistered purchase. This must occur within 30 days after purchase. 24/7 Discount will exert itself to find out why the purchase was not registered and whether the Discount can still be attributed. 24/7 Discount is not obligated to take under advisement unregistered purchases that are older than 30 days.
- Member refrains from hindering or causing damage to other Members and/or Advertisers. It is prohibited to Member to start processes or programs of which Member knows or can reasonably suspect that such hinders or causes damage to 24/7 Discount, other Members, or Advertisers. 24/7 Discount is authorised in the afore-stated case to close the account of Member and to let lapse any such Credit as may be on it.
- The Account of Member is closed and the Credit lapses if 24/7 Discount has a suspicion of fraud or abuse by Member.
- 24/7 Discount reserves itself the right to modify or remove a Discount without any prior notice.
- Member will assume an attitude and behave in accordance with what may be expected by 24/7 Discount from a diligent user.
- 24/7 Discount is not liable for errors in the prices on the website of Advertisers.
- Discount only applies for transactions that are realised entirely on-line; discount does not apply to telephonic purchases or purchases in physical stores. Even if the Transaction was started on-line at 24/7 Discount and was completed or modified telephonically or in another manner. The Discount of 24/7 Discount in such case lapses.
Article 5 - Disbursement Credit
- The Credit is disbursed to Member by 24/7 Discount if the following conditions have been met:
- 24/7 Discount will exert itself to process a payment request within a 30-day period. 24/7 Discount does not give any guarantee for this, however, and does not accept liability for the consequences that have arisen through the overrunning of this term, nor for any damage that have occurred as a result. 24/7 Discount will bill administration costs for the Credit to be paid out. The administration costs amount to 0.75 Euro and are deducted from the Credit.
- Member can request disbursement from 25 Euros of saved Credit.
- 24/7 Discount pays out Member per 25 Euros or a multiple thereof.
- It falls within the responsibility of Member to take care of the presence of the correct address, personal, and account information. 24/7 Discount does not accept any liability for the consequences arisen due to the provision of incorrect address, personal, or account information, nor for any damage that occurs as a result.
- Saved Credit is not transferable to a different Member or a different Account.
- Credit can only be transferred to a Netherlands bank account.
Article 6 - Duration and termination
- The Agreement is adopted for an indefinite time.
- The Agreement can be cancelled by a party with due regard for a notice period of three months, which notice may take place without grounds and motivation.
- If Member is not active on the Website for one year or more, then 24/7 Discount has the right to cancel the Account of the Member and/or to let any such Credit as may be available on the Account of Member lapse.
Article 7 - Liability
- 24/7 Discount is not liable for websites of third parties and the information on them, also including websites of Advertisers.
- 24/7 Discount is not liable for a technical defect at third parties, also including the Advertisers, with the result that a Discount cannot be attributed to a Member.
- The delivery and warranty of products or services purchased through 24/7 Discount is handled entirely through the Advertiser. 24/7 Discount does not accept any liability for the delivery and warranty.
- The liability of 24/7 Discount towards Member is limited per event (whereby an interrelated series of events counts as a single event) to a maximum of the Credit of Member, with a maximum of 25 euros.
- The content of the Website and in utterances are composed with the greatest possible care. 24/7 Discount cannot exclude, however, that information is incorrect and/or incomplete. 24/7 Discount is not liable for the consequences of incorrect or incomplete information on the Website or in utterances.
Article 8 - Force majeure
- In case of force majeure, whereby is intended in any case malfunctions of the telecom infrastructure (the internet), national riots, mobilization, war, blockages in transport, strikes, exclusion, operational disruptions, stagnation in supplies, fire, flooding, import and export restrictions and in the event that 24/7 Discount is not enabled, regardless of the reasons why, by its own suppliers to deliver with the result that compliance with the Agreement cannot reasonably be demanded of 24/7 Discount, the implementation of the Agreement will be suspended, or the Agreement will be terminated, all matters without any obligation to pay compensation of damages.
Article 9 - Intellectual property
- The Website is the intellectual property of 24/7 Discount, or of enterprises affiliated with it, which is protected by national and international legislation and regulations regarding intellectual and industrial property rights such as, for example, though not solely, copyrights and databank rights. The provision of the Website and the provision of services does not comprise the transfer of any right of intellectual and/or industrial property. In case of the violation of the intellectual property rights of 24/7 Discount, the right to make use of the Website ends.
Article 10 - Privacy
- By approving these General Conditions, you also declare to have taken cognisance of and to agree with the privacy statement, which can be consulted on the Website.
Article 11 - Modifications General Conditions
- 24/7 Discount reserves itself the right to intermediately modify or supplement these conditions.
- Modifications also apply with regard to agreements that have already been concluded, with due regard for a term of 30 days after notification of the modifications on the Website, by way of electronic messaging or in writing. Modifications of minor importance may be implemented at all times.
- If Member does not want to accept a modification to these conditions, he can terminate the agreement until the date that the new conditions enter into effect against such date, unless 24/7 Discount has indicated that the old conditions remain effective for Member.
Article 12 - Final provisions
- To the Agreement, Netherlands legislation is applicable.
- To the extent it is not prescribed differently by these General Conditions or the rules of mandatory law, all disputes that may arise in connection with the Agreement are submitted to the competent Netherlands court of law.
- If a provision in these General Conditions turns out to be void, this does not impair the validity of the entire General Conditions. In such case, 24/7 Discount will establish (a) new provision(s) as a replacement, whereby, as much as is legally possible, the intention of the original provision is given shape.
- By “written” is also intended in these General Conditions e-mail, on condition that the identity of the sender and the integrity of the e-mail have been sufficiently established.
- In case of electronic communications, the version received or stored of that message by 24/7 counts as the authentic version, also including the summary of the Credit on the account, unless Member can prove that this version is not authentic.