Terms and Conditions
General Terms and ConditionsArticle 1 Definitions
In these General Terms and Conditions the following terms are used in the following meanings unless expressly stated otherwise or if a different meaning should appear from the context:
Send A Smile: the User of these General Terms and Conditions: Send A Smile BV, having its registered place of business in Rotterdam, Willem Buytewechtstraat 40, registered with the Chamber of Commerce under KVK number 24485815;
Customer: the contracting party that enters into an Agreement with Send A Smile through the Website;
Card: the greeting Card exclusive of postage;
Agreement: the Agreement between Customer and Send A Smile whereby Customer composes and orders a Card on the Website to have said Card sent by Send A Smile to the addressee designated by Customer;
Website: the Website at which Customer may enter into the Agreement with Send A Smile.
Article 2 General
2.1 These General Terms and Conditions shall apply to any Agreement between Send A Smile and Customer to which Send A Smile has declared these General Terms and Conditions applicable, to the extent that the parties have not expressly deviated from these General Terms and Conditions in writing or by electronic means (email).
2.2 These General Terms and Conditions shall also apply to any Agreements with Send A Smile for the execution of which third parties must be engaged.
2.3 Any deviations from these General Terms and Conditions shall be valid only if they have been expressly agreed in writing or by electronic means.
2.4 The applicability of any purchase or other conditions of Customer's is expressly rejected.
2.5 In the event that any provision of these General Terms and Conditions is invalid or declared inapplicable, the other provisions of these General Terms and Conditions shall remain in full force and effect. In that case Send A Smile and Customer shall consult each other in order to agree upon new provisions to replace the invalid or inapplicable provisions, taking into account the purpose and intention of original provision to the extent as possible.
Article 3 Quotations and offers
3.1 All offers shall be free of obligation unless stated otherwise.
3.2 Illustrations, prices and other information provided by Send A Smile are subject to change and shall not be binding on Send A Smile.
3.3 An offer is not binding on Send A Smile in the event of printing, typographical or programming errors in its catalogs, mailings or on the Website.
3.4 The prices stated for the Cards are prices in euro, inclusive of BTW (Dutch VAT) and exclusive of postage.
3.5 Special offers shall be valid while stocks last.
Article 4 Illustrations
Any illustrations, drawings, information with respect to dimensions, colors and such of the Cards as contained in the Website, brochures or other publications are approximate and shall not constitute a reason for damages and/or rescission.
Article 5 The Website
Customer may order the Cards from Send A Smile through Websites managed by Send A Smile, and through Websites managed by partners of Send A Smile. Send A Smile is not responsible for the contents of websites not managed by Send A Smile. In the event that the contents of these Websites are in violation of the law, Customer shall contact the Manager.
Article 6 Conclusion of the Agreement
6.1 The Agreement is concluded at the moment of Customer's acceptance of the offer and fulfillment of the conditions made in connection with said Offer.
6.2 In the event Customer has accepted the Offer by electronic means, Send A Smile shall immediately confirm the receipt of the acceptance of the offer by electronic means.
Article 7 Delivery and delivery times
7.1 The Card ordered through the Website is sent to the address specified by Customer. The Card may be sent to an address abroad.
7.2 The delivery times specified by Send A Smile are indicative. The day at which the Card is delivered to the addressee depends on the time at which Customer placed the order, and on the postal service delivering the Card.
7.3 Customer can see the details of the order online at www.sendasmile.com/login, and the user profile under “Card History” (this requires a Customer account).
Article 8 Payment
8.1 Payment can take place by the following methods (through the Adyen payment provider):
a. by Ideal (only Netherlands);
b. by credit card;
c. by direct debit (this requires a Customer account).
8.2 In the event direct debit cannot take place or is reversed, Send A Smile shall send Customer a reminder giving Customer a reasonable period of time to pay the invoice. If Customer does not respond to the reminder, Customer shall be in default. In that case Customer is obliged to pay legal interest from the date at which the amount due has become payable until the date of payment. In addition to that all costs of collection after Customer being in default, both judicial and extrajudicial costs, shall be borne by Customer.
Article 9 Right of withdrawal
Customer cannot invoke the right of withdrawal since the service performed, sending a greeting Card composed by Customer to the addressee designated by Customer, cannot be returned due to its nature, and the item provided is made according to specifications of Customer.
Article 10 Complaints and limitation
10.1 Complaints may be reported to:
Send A Smile BV
Nieuwe Binnenweg 137
3014 GJ Rotterdam
Tel: +31 (0)10-4774032
10.2 Complaints are settled by Send A Smile within 30 days. In the event settlement of a complaint within the term of 30 days is not possible, Customer shall be informed of the duration of the delay.
10.3 Any claims against Send A Smile which have not been submitted to Send A Smile within 2 years after they first occurred, shall be cancelled by limitation of time.
Article 11 Liability
11.1 Send A Smile cannot be obliged to compensate any damage directly or indirectly caused by:
a. any occurrence beyond its control, which therefore cannot be attributed to acts and/or omissions on its part, such as described in article 12 of these General Terms and Conditions;
b. any acts or omissions on the part of Customer.
11.2 Send A Smile is not liable for any damage caused by the temporary or permanent unavailability of the order option, loss of access or removal of the Website due to maintenance or otherwise.
11.3 Send A Smile is not liable for any damage of whatever kind caused by Send A Smile acting upon incorrect and/or incomplete information provided by Customer.
11.4 Send A Smile is never liable for indirect damage, including consequential damage, loss of profit, loss of savings, and damage due to interruption of business operations.
11.5 In the event Send A Smile should be liable for any damage the liability of Send A Smile is limited to an amount not exceeding the invoice amount, i.e. that part of the order to which the liability applies.
11.6 The limitations of liability contained in these General Terms and Conditions do not apply if the damage is caused by intent or gross negligence on the part of Send A Smile or its subordinates.
Article 12 Force Majeure
Force Majeure on the part of Send A Smile shall occur in the event Send A Smile is prevented to fulfill its obligations resulting from the Agreement or the preparations thereof due to: war, threat of war, civil war, riot, revolution, acts of violence, fire, water damage, flood, measures taken by the government, import and export restrictions, defects in materials, non-availability of materials, strike, lockout, occupation of the company, irreplaceable employees, transport problems due to weather conditions and transport obstructions, all the above both in the company of Send A Smile and in the company of any third parties involved in the Agreement.
Article 13 Intellectual property rights
13.1 Customer shall fully and unconditionally respect any intellectual property rights in the Cards supplied by Send A Smile.
13.2 Without the prior written or electronic permission of Send A Smile Customer is prohibited from copying, forwarding, distributing, reproducing or publishing any information, texts, logos, trade marks, trade names and illustrations obtained by Customer from the Website.
13.3 By giving an order to publish or reproduce any objects provided by or on behalf of Customer and protected by the Auteurswet (Dutch Copyright Act) or any other legal provisions in the field of intellectual property rights Customer declares that this does not violate any legal regulations and does not infringe on any protected rights of third parties, and Customer indemnifies Send A Smile against any such claims of third parties in connection with this or in connection with the direct and indirect consequences both financial and otherwise resulting from publication or reproduction.
Article 14 Security and the Internet
Send A Smile shall take appropriate security measures in order to protect the Website against the risks of unauthorized access to or modification, destruction or loss of information entered into the Website by Customer, but Send A Smile cannot provide any warranty in connection with this.
Article 15 Final Provisions
15.1 The applicable version shall at all times be the version of these General Terms and Conditions as valid at the time at which the Agreement was entered into, unless Customer has accepted the applicability of a reviewed version of the General Terms and Conditions after the Agreement was entered into.
15.2 The parties shall not submit a matter to a court of law until after they have made every effort to settle a dispute by mutual consultation.
15.3 Any Agreement between Send A Smile and Customer shall be governed by Dutch law.
15.4 Any disputes with respect to Agreements between Customer and Send A Smile shall be adjudicated by the competent court of law in the Netherlands in the jurisdiction of which Send A Smile has its registered office. After Send A Smile has invoked this provision towards Customer in writing, said Customer being a consumer shall have one month to choose that the dispute be adjudicated by the court that is competent in accordance with the law.