General Terms and Conditions 'Give a Nudge'
Article 1 - Definitions
In these Conditions:
1. Operator: refers to the natural or legal person who offers products and/or services to consumers remotely;
2. Consumer: refers to the natural person who does not act in the context of a professional activity;
3. Distance contract: is an agreement whereby exclusive use is made of one or more methods of distance communication;
4. Technique of distance communication: method which can be used to conclude a contract, without the consumer and operator having to be in the same place simultaneously;
5. Cooling-off period: the period during which the consumer can make use of their right of withdrawal;
6. Giver: refers to the consumer who purchases a gift voucher from GaN;
7. Receiver: refers to the ultimate receiver of the gift voucher;
8. Right of withdrawal: the possibility for the consumer to pull out of the distance contract within the cooling-off period in accordance with art. 47 of the Law on Market Practice; (Law on Consumer Protection)
9. Day: refers to a calendar day;
10. Extended transaction: a distance contract pertaining to a range of products and/or services, for which the delivery and/or purchase commitment is spread across time;
11. Voucher: refers to a gift voucher or document of value which fully represents the value which has been paid. Their use falls under the general conditions of the gift voucher provider;
12. Provider: is a partner of GaN who makes gift vouchers available;
13. Product: is a physical good which represents a value indicated on the website of GaN and the App;
14. Durable medium: any medium which enables the consumer or operator to save any information personally addressed to them in a way which allows future consultation and unaltered reproduction of the saved information.
Article 2 – Identity of the operator
Name of the operator: The Nudge Company NV
Trading under the name: Give a Nudge
Address of the establishment: Vlasstraat 3, 9100 Sint Niklaas
Telephone number: +32 499 52 86 90
Contactable: Mon-Fri: 9.00am-6.00pm
E-mail address: email@example.com
VAT identification number: BE0672 982 535
Article 3 - Applicability
1. These general conditions are applicable to all offers of the operator and all distance contracts formed between operators and consumers.
2. Before the distance contract is concluded, the text of these general conditions shall be provided to the consumer. If this is not reasonably possible, it shall be specified, before the distance contract is concluded, that the general conditions can be consulted with the operator, and at the request of the consumer shall be sent free of charge, as quickly as possible.
3. If the distance contract is concluded electronically, it shall be possible, by way of derogation to the previous clause, and before the distance contract is concluded, to provide the text of these general conditions to the consumer electronically, in such a way that they can easily be stored by the consumer on a durable medium. If this is not reasonably possible, it shall be specified, before the distance contract is concluded, where the general conditions can be consulted electronically, and that at the request of the consumer, these shall be sent electronically free of charge, or by another means.
4. In the event that, in addition to these general conditions, specific product or service conditions are also applicable, the second and third clause shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer can always rely upon the applicable provision which is most favourable to him.
Article 4 - The offer
1. If an offer has a limited validity period, or is subject to certain conditions, this shall be explicitly indicated in the offer.
2. The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to enable a proper assessment of the offer by the consumer. If the operator makes use of the images, these shall be a faithful representation of the products and/or services offered.
3. Manifest errors or mistakes in the offer shall not be binding on the operator.
4. All offers shall contain information that makes it clear to the consumer what rights and obligations are attached to the acceptance of the offer. Specifically, this relates to:
o the price including taxes;
o any delivery costs;
o the way in which the contract shall be formed, and which actions are required in this respect;
o the application, or not, of the right of withdrawal;
o the method of payment, delivery or execution of the contract;
o the time allowed for acceptance of the offer, or the time within which the price will be honoured;
o the level of the charges for distance communication if the costs of the use of the technique for distance communication are calculated on a basis other than the basic rate;
o if the contract is archived after being formed, in what way it can be consulted by the consumer;
o the way in which the consumer can be informed before the conclusion of the contract about actions which he may not want, and the way in which he can remedy these before the contract is formed;
o the minimum duration of the distance contract in the event of a contract which includes continual or periodic deliveries of products or services.
Article 5 - The contract
1. Subject to the provisions of clause 4, the contract shall be formed upon acceptance of the offer by the consumer, and fulfilment of the stated conditions.
2. If the consumer has accepted the offer electronically, the operator shall immediately and electronically acknowledge receipt of the acceptance of the offer. As long as the receipt of this acceptance is not confirmed, the consumer can terminate the contract.
3. If the contract is formed electronically, the operator shall take appropriate technical and organisational measures to protect the electronic transmission of data, and shall provide a secure internet environment. If the consumer can pay electronically, the operator shall observe appropriate security measures.
4. The operator shall enclose with the product or service, the following information for the consumer, in writing or any other way whereby it can be saved in an accessible manner on a durable medium:
a. the email address of the operator where the consumer can contact him in the event of complaints (firstname.lastname@example.org)
b. The conditions under which, and the way in which, the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. information regarding the existing after-sale service and guarantees. Give a Nudge provides after-sale services in the form of a customer service. This can be contacted at email@example.com
d. the details contained in article 4, clause 4 of these general conditions, unless the operator has already provided these details to the consumer before the execution of the contract;
e. the requirements for terminating the contract if the contract has a duration of more than one year, or has an unspecified duration;
f. a link to the downloadable general conditions shall be sent with the confirmation email for an order.
5. If the operator has undertaken to deliver a range of products or services, the provision in the previous clause is only applicable to the first delivery.
Article 6a - Right of withdrawal for deliveries of products
1. When purchasing products, the consumer has the possibility to cancel the contract without stating reasons within 14 days This cancellation can be done orally, although it is recommended to do this in writing or email, as proof. This period shall commence on the day after delivery of the product to the consumer. Please note: the right of return is not applicable for business orders.
2. During this period, the consumer shall handle the product and packaging carefully. He shall only unpack or use the product to the extent required to assess whether or not he wishes to keep the product. If he makes use of the right of withdrawal, he shall return the product to the operator with all supplied accessories and - if reasonably possible - in its original condition and packaging, in accordance with reasonable and clear instructions provided by the operator.
Article 6b - Right of withdrawal for deliveries of services
1. In order to make use of the right of withdrawal, the consumer shall refer to the reasonable and clear instructions provided by the operator during the relevant offer and/or at the latest during delivery.
2. The right of withdrawal can only be invoked if the challenge has not started.
3. The challenge shall automatically start after reception of the challenge by opening the video message, typing the code or scanning the QR code.
Article 7 - Costs in the event of withdrawal
1. If the consumer makes use of the right of withdrawal, he shall incur the costs of return at the most.
2. If the consumer has paid an amount, the operator shall refund this amount as quickly as possible and no later than 14 days after the withdrawal, provided that the consumer has indicated his address and bank account number to the operator.
Article 8 - Exclusion of right of withdrawal
• If the consumer has a right of withdrawal, this can only be excluded by the operator if the operator clearly indicates this in the offer, and at least in good time before the conclusion of the contract.
• Exclusion of the right of withdrawal is only possible for products:
a. which have been created by the operator in accordance with the consumer's specifications;
b. which are clearly of a personal nature;
c. which, due to their nature, cannot be returned;
d. which can quickly spoil or perish;
e. for which the price is connected to fluctuations in the financial market, over which the operator has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software for which the consumer has broken the seal.
• Exclusion of the right of withdrawal is only possible for services:
a. which are supplied with regards to lodgings, transport, products or leisure time, on a given date or during a given period following the use of a gift voucher
b. for which delivery commenced with the express consent of the consumer, before the cooling-off period had elapsed;
c. related to bets and lotteries.
Article 9 - Price
1. For the validity period indicated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes due to modifications to VAT rates.
2. By way of derogation to the previous clause, the operator can offer products and services, whose price is connected to fluctuations in the financial markets and over which the operator has no influence, with variable prices. This connection to fluctuations and the fact that any indicated prices are guide prices shall be indicated in the offer.
3. Price increases within 3 months of the formation of this contract shall only be permitted if they are the result of statutory regulations or provisions.
4. Price increases after 3 months of the formation of the contract shall only be permitted if the operator has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the contract by the day on which the price increase commences.
5. The prices of products and services in the offer are inclusive of VAT.
6. In the event of a technical error relating to the price display, the operator shall only be bound if the displayed price could reasonably be expected for the product or service.
Article 10 - Conformity and Guarantee
1. The operator shall ensure that the products and/or services satisfy the terms of the contract, the specifications indicated in the offer, the reasonable demands of reliability and/or usability, and the legal provisions and/or government regulations applicable on the date of formation of the contract.
2. An arrangement offered by the operator, manufacturer or importer as a guarantee does not affect the rights and claims which the consumer may enforce against the operator in the event of the latter's failure to comply with his obligations, pursuant to the law and/or the distance contract.
3. Unless explicitly stated otherwise, no additional guarantee shall be provided above and beyond the statutory guarantee.
Article 11 - Delivery and execution
1. The operator shall apply the greatest possible care in receiving and executing orders of products, and in evaluating requests for service provision.
2. The address which the consumer has communicated to the company shall apply as delivery address.
3. With due observance of what is stated in article 4 of these general conditions, the company shall expedite accepted orders with all due urgency and in any case no later than 30 days, unless a longer delivery term has been agreed. If delays are encountered during the delivery, or if an order cannot be fulfilled, or only partially, the consumer shall receive notification of such no later than one month after having placed the order. In such cases, the consumer is entitled to terminate the contract without costs, request a comparable replacement product, or obtain possible damages.
4. In the event of termination in accordance with the previous clause, the operator shall refund the amount paid by the consumer as quickly as possible, and in any case within 30 days of the termination.
5. If the delivery of an ordered product is apparently impossible, the operator shall make every effort to provide a replacement article. Clear and comprehensible notification of the delivery of a replacement article shall be given before the delivery takes place. In cases of replacement articles, the right of withdrawal cannot be excluded. In such cases, the costs of return shall be borne by the operator.
6. Risk of damage and/or missing products rests with the operator until the moment of delivery to the consumer, unless otherwise stated.
Article 12 - Extended transactions
1. The consumer cannot terminate at any time a contract which has been entered into for an unspecified period.
2. The challenge runs for a maximum of two years. If it is agreed that the challenge shall continue after the two-year period, a request must be submitted via firstname.lastname@example.org.
Article 13 – Payment
1. To the extent that it is not subsequently agreed upon, amounts owed by the consumer must be paid immediately via the payment systems offered by the App or Website.
2. Orders both for consumers and businesses must be paid in advance by credit card (Visa or Mastercard) or debit card (affiliated banks). Your order shall be delivered upon receipt of your payment.
3. In the case of sales of products to consumers, partial or complete prepayment may be stipulated in the general conditions (during the withdrawal period). If prepayment is stipulated, the consumer cannot enforce any right pertaining to the execution of the order or service(s) in question before the stipulated prepayment has been made.
4. The consumer is obliged to immediately notify the operator of any inaccuracies in the indicated or provided payment details. In the event of non-payment on the part of the consumer, the operator, subject to legal limitations, is entitled to charge reasonable costs which were communicated to the consumer in advance.
Article 14 – Handling of complaints
1. The operator shall have an adequately-communicated complaints procedure, and shall handle complaints in accordance with this complaints procedure.
2. Complaints regarding the execution of the contract must be lodged with the operator within a reasonable term, and described clearly and in full, after the consumer has identified the shortcomings.
3. Complaints lodged with the operator shall be answered within a period of 14 days from the date of reception. If a complaint requires a foreseeably longer processing time, the operator shall respond within a period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect to receive a more comprehensive answer.
Article 15 - Disputes
1. Belgian law alone is applicable to contracts between the operator and the consumer, to the extent permitted by international private law.
2. If the operator requests mediation, the consumer, within 5 weeks of receiving a written request from the operator to that effect, must confirm in writing whether he agrees, or wishes to have the dispute handled by the relevant competent judge. If the operator does not receive an indication of the consumer's preference within 5 weeks, he shall be entitled to submit the dispute with the competent judge.
3. The buyer and/or beneficiary of the gift voucher cannot hold The Nudge Company liable for failings and/or errors committed by the service provider in the execution of the gift voucher. This applies for minor, major and deliberate errors.
4. The Nudge Company is not responsible either for claims which buyers/beneficiaries may make pursuant to art. 1382 et seq. of the Civil Code with regards to the service provider.
5. Belgian law shall apply. Applicable Court: District of Sint Niklaas, Belgium.
6. The Nudge Company undertakes to ensure proper execution of the arrangement. The possible reimbursement is nonetheless limited to the value of the gift voucher.
7. The Nudge Company is not liable for damage in the broadest sense of the term, unless this damage is caused by gross negligence or intention on the part of The Nudge Company.
8. The Nudge Company cannot be held liable for any form of the content of any challenge, separately or combined.
Article 16 – Exchanges
1. The receiver of the gift voucher is authorised to submit a request via email@example.com to exchange the gift voucher with another gift voucher from a partner indicated on the website/App.
2. The amount must be identical to the original value indicated on the gift voucher.
3. Any exchange which entails additional costs shall be charged.
4. Under no condition shall a part of the amount be refunded in cash.
Article 17 - Intellectual rights
1. The Nudge Company, registered under VAT number: BE 0672.982.535, is the owner or licence holder of all copyrights, databases, applications, trademarks and other intellectual rights. Give a Nudge is a registered trademark of The Nudge Company.
2. The Nudge Company is the exclusive owner or licence holder of the concept, structure, layout and design of the websites of The Nudge Company. You must obtain written consent from The Nudge Company before using a website of The Nudge Company, or parts thereof, for applications or purposes unknown to The Nudge Company.
3. The Nudge Company is the exclusive owner or licence holder of the basic concept, structure, layout and design of the Give a Nudge and gift voucher, an original concept whereby an experience, challenge, product or gift voucher can be given. You must obtain written consent from The Nudge Company before using the concept, structure, layout and/or design of the gift voucher.
Article 18 – Dispatch
1. You pay a fixed dispatch cost for the dispatch of a gift voucher or physical goods in Belgium, the Netherlands or Luxembourg. This amount depends on the number of gift vouchers or goods that you order.
2. These amounts are inclusive of 21% VAT. If you order on working days before 11.00am and pay by credit card (Visa or Mastercard) or debit card (affiliated banks), your order shall be delivered within 2 to 4 working days (not guaranteed).
3. No deliveries will be made during the weekend or on bank holidays.
Article 19 – Privacy
1. The Nudge Company respects your privacy and handles your personal data with the greatest care. The personal data which you communicate are used to provide the best possible service for you, to process your reservation as effectively as possible, and to possibly inform you of interesting offers and news via our e-newsletter.
2. In no event shall your personal details be transferred or sold to third parties who are not affiliated with The Nudge Company, without your prior permission.
3. You can inspect your personal data which are stored in the records of The Nudge Company at any time. If you wish to remove these data from the records of The Nudge Company, you can inform The Nudge Company of such by email or by post.
Article 20 – Cookies
2. Definition of a cookie: a cookie is a text file which is placed on your computer during a visit to a website, or when clicking on advertising. It is designed to register information relating to your navigation and to offer you services which are adapted to your terminal (computer, smartphone or tablet). The cookies are managed by your internet browser.
3. The cookies are placed on your terminal by www.giveanudge.com for navigation purposes, and in order to optimise and personalise the services on our website.
4. Third party cookies: these are cookies which are placed by third party companies (for example, trade partners) to recognise your centres of interest and possibly personalise the advertising offering which is sent to you on our websites and beyond.
5. These cookies can be placed if you visit our site, or if you click adverts on our website. In the context of partnerships, we ensure that our trade partners adhere to the amended law of 6 January 1978 on the protection of privacy, and that they undertake to take suitable measures to secure and protect the confidentiality of data.
8. Internet Explorer
In Internet Explorer, click on the Tools button, and then on Internet Options.
Click on the General tab, below Browsing history in Settings.
Click on the button View files.
Go to the Tools tab of the browser and select the menu Options
Select Privacy in the window which appears and click on View Cookies.
In your browser, select the menu Safari > Preferences.
Click on Security.
Click on Show Cookies.
11. Google Chrome
Click on the pictogram in the Tools menu.
Click on the Advanced Options tab and go to the Confidentiality section.
Click on the button Show Cookies.
Article 21 – Hyperlinks
The website www.giveanudge.com may contain certain links to other websites for which the content is outside of our control, and which is not covered by the present confidentiality policy. We are not liable for the content of the websites which are presented in this way, nor for the way in which your personal details are registered and used on these websites.