For the purposes of these terms and conditions:
- Service provider: natural or legal person who offers products, (access to) digital content, and/or services (remotely) to consumers;
- Breeze Social B.V.;
- Tel: +31 10 3220150 (available from 9:00 to 17:00);
- E-mail: firstname.lastname@example.org;
- Website: https://breeze.social/;
- Chamber of Commerce (KVK): 80045944;
- Registered office address as well as principal place of business: Stationsplein 45, 3013 AK in Rotterdam;
- VAT-number: NL826478190B01.
- Client: natural person, not acting in the exercise of a profession or business, who enters into an agreement and/or remote agreement with the Service Provider;
- Consumer: see ‘Client’;
- Agreement: agreement concluded between the Service Provider and the Consumer, including the Distance Contract;
- Distance Contract: Agreement which is concluded outside the Service Provider’s sales premises by means of an organized system (e.g. a webshop) with the aim of making it possible to sell products, digital content, and/or services at a distance;
- Ancillary contract: agreement whereby the Consumer acquires products, digital content, and/or services in connection with a distance contract, and these goods, digital content, and/or services are supplied by the Service Provider or by a third party on the basis of an agreement between that third party and the Service Provider;
- Withdrawal period: period within which the Consumer may exercise his right of withdrawal;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: an agreement for the regular supply of goods, services, and/or digital content during a certain period of time;
- Durable medium: any tool – including e-mail – that enables the Consumer or 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 that allows unaltered reproduction of the stored information;
- Right of withdrawal: possibility for the Consumer to waive the distance contract within the withdrawal period.
- Model withdrawal form: European model withdrawal form used for withdrawal;
- Means of distance communication: means that can be used for the conclusion of an agreement without the Consumer and the Service Provider being in the same room at the same time;
- Terms and Conditions: present terms and conditions of sale and delivery.
2. The Agreement
- These Terms and Conditions always apply to all offers made by the Service Provider and to any Agreement concluded, including a Distance Contract between the Service Provider and the Consumer.
- In the event of a written offer or written order confirmation from the Service Provider, this offer or order confirmation shall be deemed to reflect the entire Agreement and shall replace all prior written and verbal agreements, statements, and/or conduct by the parties. Changes to/additions to the text of the offer or order confirmation only form part of the Agreement if this is explicitly acknowledged by the Service Provider in writing, whereby in the event of any inconsistency the text of the offer or order confirmation shall prevail.
- The Service Provider reserves the right to unilaterally amend these Terms and Conditions to the extent that the performance to be provided by the Service Provider as a result of this amendment does not materially deviate from the performance promised. The Consumer will be deemed to have accepted the amendments in question if the Service Provider has not received a written objection from the Consumer within 14 Days of the written notification of the amendment.
- Offers made by the Service Provider shall have a limited validity of 10 working days unless otherwise indicated in writing. The Service Provider has the right to revoke an offer accepted by the Consumer within two working days of receipt of acceptance thereof. The Consumer cannot derive any rights from information on offers, leaflets, advertising materials, or the Service Provider’s website.
- If for any reason whatsoever, any provision of these general terms and conditions is not valid, the other provisions will remain in force and the parties will negotiate the content of the new provision, which provision comes as close as possible to the purport of the original provision.
3. The Performance
- If no specific standards or regulations have been agreed upon, the Service Provider shall deliver in accordance with what the Service Provider could reasonably assume.
- The Services, offered by the Service Provider, have those characteristics that the Service Provider has made known with regard to the services. The Service Provider does not guarantee that the services are suitable for the purpose the Consumer wishes to sue them, not even if this purpose has been made known to the Service Provider. The services may deviate slightly from any demos of services and/or services which has been made available or were provided to the Consumer to give an indication of the service.
4. Price and Payment
- Unless otherwise agreed, prices are inclusive of VAT and exclusive of transport, packaging, and directly related transaction costs.
- Price increases resulting from additions and/or changes to the order and/or specification of the services to be delivered at the oral or written request of the Consumer are entirely at the expense of the Consumer.
- All costs resulting from circumstances that the Service Provider did not reasonably have to take into account when entering into the Agreement shall be borne by the Consumer.
- If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase. Once you have a match through our Service, you will be asked to purchase the activity on which you were matched. The date can only take place once the activity has been purchased. The payment is done within the app through a 3rd party called Mollie.
- In certain cases, as mentioned in our Conditions of Use, you will get your purchase refunded. In case you are eligible for a refund, you will be provided with a voucher that can be used for other dates or, no later than 4 months after the day of receiving the voucher, be paid out. To get paid out, you can ask the helpdesk. After 4 months the voucher will expire and can still be used for future dates but not paid out.
6. Right of Withdrawal for the Consumer under Distance Contracts
- The Consumer may, if he is not acting in the exercise of a profession or business, dissolve the Distance Contract within the Withdrawal Period.
- The Consumer communicates this dissolution of the Distance Contract to the Service Provider by means of the Model Withdrawal Form, via an electronic form that the Service Provider offers on its website for this purpose or in another unambiguous manner.
- The Withdrawal Period is fourteen (14) Days.
For services and digital content:
- The Consumer may dissolve the Distance Contract in accordance with paragraphs 1 and 3 of this article if the Distance Contract relates to the supply of a service or digital content which is not supplied on a tangible medium and the Consumer has not given express prior consent – and has thereby declared – to waive and has thereby waived his right to terminate.
Obligations Service Provider in the event of withdrawal:
- In the case of paragraph 6, the Withdrawal Period referred to in paragraph 3 commences on the Day on which the Distance Contract is concluded.
- If the Service Provider has not provided the legally required information about the right of withdrawal or the Model Withdrawal Form described in Paragraph 6, the Withdrawal Period will end fourteen (14) Days after he has done so.
- If the Service Provider has not provided the legally required information about the right of withdrawal or the Model Withdrawal Form for an agreement as described in paragraph 5, the Withdrawal Period will in any case end twelve (12) months after the Withdrawal Period mentioned in sub a. above.
- If the Service Provider makes it possible for the Consumer to report the withdrawal electronically and the Consumer makes use of this possibility, the Service Provider will immediately send the Consumer an acknowledgment of receipt of this report.
- The Service Provider will immediately reimburse all costs paid by the Consumer, in any event within fourteen (14) Days.
Exclusion of the right of withdrawal:
- The Service Provider excludes the Consumer’s right of withdrawal for the following products/services by mentioning this in the offer, or in any case in good time prior to the conclusion of the agreement:
- Service contracts, after full performance of the service, but only if:
- performance has commenced with the Consumer’s express prior consent; and
- the Consumer has declared that he loses his right of withdrawal as soon as the Service Provider has fully performed the contract;
- Service contracts for the provision of accommodation, if a certain date or period of performance is provided for in the contract and other than for residential purposes, goods, transport, car rental services, and catering;
- Leisure contracts, if the contract provides for a specific date or period of performance thereof;
- The Consumer only has the Right of Withdrawal referred to in this article only if he has concluded a Distance Contract with the Service Provider.
7. Continuing performance contract: duration, termination, and renewal
- If the Agreement has been concluded for an indefinite period of time or for a definite period of time with a duration of more than 1 (one) year, both the Service Provider and the Consumer may terminate the Agreement in writing with due observance of a notice period of 1 (one) month. If the Agreement has not been concluded in writing, both the Service Provider and the Consumer may terminate the Agreement in a corresponding matter.
- If the Agreement is an agreement for the regular delivery of products or services and is tacitly extended or renewed in an agreement for a definite or indefinite period of time, both the Service Provider and the Consumer may terminate the continued agreement at any time with due observance of a notice period of 1 (one) month.
- If the Agreement has a fixed term of more than one year or an indefinite term, both the Service Provider and the Consumer may terminate the Agreement at any time with due observance of a notice period of 1 (one) month.
8. Complaints Procedure
- Complaints about the execution of the Agreement must be submitted to the Service Provider within a reasonable time after the Consumer has discovered the defects, complete and clearly described.
- Complaints submitted to the Service Provider will be answered within a period of 14 Days from the date of receipt. If a complaint requires a foreseeable longer processing time, the Service Provider will respond within the period of 14 Days with a message of receipt and an indication of when the Consumer can expect a more detailed answer.
- The Consumer should give the Service Provider at least 4 weeks to solve the complaint in mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
9. Industrial and intellectual property
- Unless explicitly agreed otherwise in writing, the Service Provider retains the copyrights, patent rights, and all other industrial and/or intellectual property rights to the work performed by it offers made, designs, images, drawings (trial) models, recipes, software, etc. provided by it.
- Unless explicitly agreed otherwise in writing, the rights to the data mentioned in this article remain the property of the Service Provider regardless of whether the Consumer has been charged for the production thereof.
- All information, whether orally or in writing, provided by the Provider of the Service to the Client, remains the property of the Service Provider and may only be used by the Consumer for the purpose for which it was provided.
- The Consumer will not provide the information of the Service Provider to third parties in any way whatsoever, except insofar as this is reasonably necessary for the proper execution of the Agreement and then only after and insofar as a confidentiality obligation has been agreed upon
- The Service Provider is not responsible for anything that happens during the date or in any way outside the use of the app.
- The User is responsible for the proper continuation of any activity done as a result of meeting through the app. This is done at your own risk and responsibility.
11. Applicable law and disputes
- The Agreement shall be governed solely by Dutch Law.
- Only the court with jurisdiction in the municipality where the Service Provider has its registered office is competent. If another court has jurisdiction in the municipality where the Consumer resides, this court will have joint jurisdiction.
These Terms and Conditions were last updated on November 27th, 2021.