Terms & Conditions

 

Article 1: definitions

In these terms and conditions, the terms in bold and capitalized letters below, whether used singular or plural, are used in the following sense, unless expressly stated otherwise:

App: The PowerGoodies App on iOS and Android.

Entrants: any natural person aged 18 or over who has a mobile phone number issued in the European Union and/or the United Kingdom and who has downloaded the App and participates in the Rewards Program.

Term: the term of the Agreement as stated in article 4 paragraph 1 of these terms and conditions.

Agreement: any agreement between the Participant and PowerGoodies, including the agreement resulting from the Participant's acceptance of PowerGoodies' offer to use the App, which is evident from the download of the App.

Points: the PowerGoodies Points that the Participant can acquire through the use of the App.

PowerGoodies: the private company PowerGoodies B.V.

Rewards: all goods that can be purchased from PowerGoodies for redemption of Points.

Balance: the balance of unspent Points from PowerGoodies' records, with which the Participant can purchase Rewards at the expense of the Balance during the Term.

 

Article 2: general

1. By downloading the App, the Participant has accepted these terms and conditions and applies to every Agreement and relationship with PowerGoodies.

2. The general terms and conditions (in the most recent and current version) have been published on the website and at the Chamber of Commerce in Amsterdam.

3. Deviations from these terms and conditions apply only to the extent that the parties have expressly agreed to them in writing. Deviating clauses only apply to the offer or the Agreement where they were made.

4. If rights or favors are created in these terms and conditions for PowerGoodies, these will be deemed to have also been stipulated for the benefit of third parties engaged by PowerGoodies in connection with the conclusion or execution of the Agreement.

5. PowerGoodies reserves the right to change or supplement these terms and conditions.

6. The amended terms and conditions also apply to existing Agreements from thirty days after filing the change with the Chamber of Commerce in Amsterdam.

7. If, by court order, one or more articles of these terms and conditions are declared invalid, the other provisions of these terms and conditions will remain in full force and effect. PowerGoodies will formulate and use new provisions to replace the invalid or annulled provisions, taking into account the purpose and purport of the invalid or annulled provisions as much as possible.

 

Article 3: use of the App by the Participant

1. After downloading the App and using it, the use of the App and the retention of Points is the sole responsibility and risk of the Participant. The Participant must treat the Points with special care and discretion to prevent third parties from spending the Balance when purchasing Rewards without the Participant's consent.

2. PowerGoodies does not guarantee that a statement it provides to the Participant via the App accurately reflects the Balance and assumes no liability for this.

3. Points are non-transferable and are personally linked to the Participant. This portability ban has property law effect.

4. The Participant is only entitled to use the Points for the purpose of purchasing Rewards. Points can never be redeemed for cash and PowerGoodies will under no circumstances reimburse the Participant interest on the Balance.

5. Reduction in the Balance stored in PowerGoodies' records will irrevocably take place if and insofar as the Participant has “agreed” to purchase a Reward via the App or the PowerGoodies website and the Balance has proven sufficient for that purchase.

 

 

Article 4: term and expiration Balance

1. The Agreement is for an indefinite period.

2. In the event that the Participant does not receive Points and/or redeems Points for Rewards and/or PowerGoodies terminates the Agreement in accordance with the following paragraph for a continuous period of 12 (twelve) months, the Balance will expire without the Participant being entitled to any compensation. The Participant is free to use the App again afterwards, but as a result, the Balance does not revive.

3. PowerGoodies may terminate the Agreement with immediate effect and thereby deny the Participant the use of the App in the event that (i) PowerGoodies provides false or misleading information, (ii) abuses the PowerGoodies rewards program in PowerGoodies' sole discretion, or (iii) otherwise violates these terms.

 

Article 5: loss, theft, counterfeiting, abuse and damage

1. PowerGoodies is not responsible or liable for the loss, theft, counterfeiting or misuse of Points in any form.

2. If a Participant abuses, cheats or attempts to fraud with the App and/or Points, including attempting to redeem Points by falsification or otherwise circumventing (technical) security measures, PowerGoodies will immediately deny the Participant the use of the App and redemption of the Points. PowerGoodies will immediately report this to the judicial authorities and will also be fully entitled to recover its full damage from the Participant.

 

Article 6: PowerGoodies rights and obligations

1. PowerGoodies has the right to transfer its rights and obligations under the Intragroup Agreement to another company, while the rights and obligations under the Agreement and these general terms and conditions remain in full force and effect.

2. PowerGoodies is entitled - within reasonable limits - to modify, limit, expand or discontinue the nature, content and availability of the App at any time. To the extent that PowerGoodies disables the App, it will notify you via the App and/or its website and allow the Participant to redeem the Balance within 30 (thirty) days by purchasing Rewards. The Balance expires after the said period, without the Participant being entitled to any compensation.

 

Article 7: PowerGoodies liability

1. PowerGoodies is not liable for damage related to the Rewards provided by the Participant. For this purpose, reference is made to the terms and conditions of the Reward producer.

2. PowerGoodies strives to provide the best possible service to the Participant and, in connection with this aim, will make every reasonable effort to allow the Participant to always have undisturbed access to the Balance. Nevertheless, PowerGoodies does not guarantee that the Participant will always be able to access the Balance without interruption, partly due to the dependence on external factors and parties (whether or not affiliated with PowerGoodies), including technical and telecommunications factors and third parties. Insofar as one of these factors and/or parties prevent PowerGoodies from fulfilling its obligations, it can never be held liable for this.

3. PowerGoodies is never liable for damage suffered by the Participant through the use of the App, including consequential, immaterial, business or other (direct or indirect) damage, unless this damage is caused by gross negligence or intent on the part of PowerGoodies. In addition to the foregoing, PowerGoodies cannot under any circumstances be held liable insofar as the Participant does not comply with the provisions of these terms and conditions or does not comply with the instructions that PowerGoodies provides to the Participant.

4. Without prejudice to the provisions of the previous paragraph and insofar as PowerGoodies is liable in any way under mandatory law, liability will not exceed the financial equivalent of the Balance for each event for whatever reason (where a related event counts as one event), the financial equivalent of the Balance and, in any case, never more than is paid out under the insurance taken out for this purpose by PowerGoodies.

5. Furthermore, PowerGoodies cannot be held liable under any circumstances if - due to force majeure - it is unable to fulfil its obligations. Force majeure includes in any case - but not limited to - international conflicts, violent or armed actions; pandemics and epidemics, measures taken by any national, foreign or international government; boycotts; and/or work disorders involving third parties or among our own staff.

 

 

Article 8: Distance Selling

1. Insofar as the Participant purchases a Reward via the App or the PowerGoodies website, articles 6:230 m et seq. of the Civil Code concerning distance contracts apply in full. In accordance with this, the Participant may return the purchased Reward to PowerGoodies within 14 (fourteen) calendar days of receipt without giving a reason, adding the Point redeemed for the Reward back to the Balance, subject to the condition that:

a. The Participant contacts PowerGoodies about this. Without prior contact, PowerGoodies cannot receive the return;

b. The Reward delivered to the Participant and any packaging is undamaged and unused.

Return shipment must be sent to PowerGoodies by the Participant in a closed, adequately stamped envelope, accompanied by full name and address details, email address and mobile number & bank account number in accordance with article 9 of these terms and conditions.

3. PowerGoodies may exclude the Participant's right of withdrawal for Rewards:

a. that have been created by Participant in accordance with the Participant's specifications;

b. that are clearly personal;

c. that, due to their nature, cannot be returned;

d. that can deteriorate or age quickly;

e. for audio and video recordings and computer software whose seal the Participant has broken;

f. concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a certain period;

g. concerning betting and lotteries;

h. spent on charities.

 

Article 9: Correspondence with PowerGoodies

All messages, announcements, requests, complaints and submissions from the Participant to PowerGoodies under these terms must be sent in writing to PowerGoodies B.V., Binnenhof 62c, 1412 LC Naarden. Participants with complaints about products obtained as Rewards are referred to the manufacturer's customer service.

 

Article 10: Applicable law and competent court

1. Only Dutch law applies to the Agreement and these general terms and conditions.

2. The applicability of the Vienna Sales Convention is excluded.

3. Only the court in the District of Amsterdam has jurisdiction in the first instance to hear disputes between PowerGoodies and the Participant.