Terms and Conditions
Article 1. Applicability
1.1 In these general terms and conditions the following definitions apply:
Subscription: any Agreement for (the use of) a Telefuture Nederland BV Service, whereby the amounts due are charged periodically;
Content: (digital) information, such as text, data, tools, moving, still and graphic images, sound recordings and information in any other form, such as games, advertising and/or similar services;
Consumer: a Customer who is not acting in the exercise of a profession or business;
Service: the service provided by Telefuture Nederland BV. mobile telecommunications/MCB service is offered or delivered that consists of making Content available, in any form whatsoever;
Customer: the (potential) customer of Telefuture Nederland BV;
Xletics: a trade name of Telefuture Nederland BV;
Affiliate: other types of advertising via (mobile) internet or other means of communication (this also includes publishers and websites)
Agreement: any agreement on the basis of which Telefuture Nederland BV provides (one or more) Services;
Telefuture Nederland BV, Spoorhaven 44-46, Berkel en Rodenrijs, Netherlands IBC No. 24241933
Business Customer: a Customer who acts in the exercise of a profession or business.
1.2 These General Terms and Conditions replace all general terms and conditions that were declared applicable upon the conclusion of a previous Agreement.
1.3 These General Terms and Conditions apply to all online offers from Telefuture Nederland BV and to all agreements concluded online with Telefuture Nederland BV.
Article 2. Offers, orders and agreements
2.1 All offers from Telefuture Nederland BV are without obligation. Orders and acceptances of offers by the Customer are irrevocable.
2.2 An Agreement between Telefuture Nederland BV and the Customer is concluded after all information requested by Telefuture Nederland BV has been provided and Xletics has confirmed the order to the mobile telephone number provided by the customer or on the screen of his mobile phone.
2.3 All relevant information regarding Telefuture Nederland BV and the services to be purchased as well as the applicable General Terms and Conditions can be found on the website(s) of Telefuture Nederland BV. The Customer is responsible for saving and printing the General Terms and Conditions if desired and for the accessibility of the saved version. Telefuture Nederland BV is not obliged to keep any archived agreement accessible to the customer.
2.4 The Customer guarantees that he has provided all information requested by Telefuture Nederland BV in connection with the Agreement completely and truthfully.
Article 3. Conformity
3.1 Statements from Telefuture Nederland BV with regard to performance, properties, etc. are only approximate and are without obligation.
3.2 Images, descriptions, photos, catalogues, advertising material, offers and the information included on the website(s) of Telefuture Nederland BV, in any form whatsoever, do not bind Telefuture Nederland BV.
Article 4. Affiliate & Publisher Rules
4.1 Affiliates who promote a Telefuture Nederland BV service are obliged to adhere to the following conditions:
Do not place the Telefuture Nederland BV website(s) within other pages with incorrect and/or misleading information. The conditions must always be visible.
Do not place pop-ups and toolbars above or in our landing pages with incorrect and/or misleading information.
Do not use misleading pages and/or banners that contain links to Telefuture Nederland BV website(s).
4.2 Affiliates undertake the obligation to implement the provisions of these terms and conditions in accordance with good commercial practice, as well as to bring your conduct in line with what can be considered ethical in general and as a good representation of Telefuture Nederland BV.
4.3 Under penalty of appropriate measures, the affiliate is obliged to comply with:
the Dutch Advertising Code
the Code of Conduct for Paid Mobile Internet Services
any other relevant laws and regulations.
If it is found that an affiliate does not comply with the above regulations, it will be closed as quickly as possible and at least within 24 hours.
Article 5. Intellectual property
5.1 Access to, use and/or purchase of the (content of the) service by the customer does not result in any intellectual property rights being transferred to the customer.
5.2 The Customer only obtains a limited right of use of the (content of the) service and is aware of and accepts that additional license conditions may apply to that right of use, whether or not from third parties.
5.3 The customer indemnifies Telefuture Nederland BV and compensates Telefuture Nederland BV for the consequences of infringements of intellectual property rights of Telefuture Nederland BV or third parties, arising from use in violation of these conditions or the agreement.
Article 6. Prices
6.1 The (purchase) price payable by the Customer and additional costs for shipping, VAT and any other costs or surcharges are clearly stated on the website(s) of Telefuture Nederland BV.
6.2 The prices stated on the website(s) of Telefuture Nederland BV are without obligation and are subject to changes.
Article 7. Subscriptions, rates, payment
7.1 Each subscription is entered into by the customer for an unlimited duration.
7.2 The customer can cancel the agreement at any time by email to [email protected], by telephone 0900.4004343 (15 cpm) or via www.payinfo.nl. Instructions for this are stated on the website(s). In the event of termination, the parties do not owe each other any compensation or compensation other than the payment obligations outstanding at that time.
7.3 The customer will pay the amounts due for the service to the mobile network provider with which the customer has an agreement. The rates to be paid are increased by VAT and other government levies, unless stated otherwise.
7.4 Telefuture Nederland BV has the right to change rates unilaterally.
7.5 The details of Telefuture Nederland BV are decisive for determining the amounts due, unless the Customer proves that these details are incorrect.
7.6 All rates are due from the moment the agreement is entered into.
7.7 The customer grants the mobile network provider an authorization for direct debit for the service provided by Telefuture Nederland BV.
Article 8. Force majeure
8.1 If Telefuture Nederland BV is prevented from fulfilling the agreement due to force majeure, it is entitled to suspend the execution of the agreement. In that case, the customer is not entitled to compensation for damage or costs.
8.2 Force majeure also includes the failure or late delivery of goods or services by third parties engaged by Telefuture Nederland BV.
Article 9. Reflection period
9.1 The statutory cooling-off period of Article 7:46c, paragraph 1, under f of the Dutch Civil Code does not apply to the service.
Article 10. Liability
10.1 Telefuture Nederland BV is not liable for any damage resulting from the conclusion or execution of an Agreement or the use of a Service, unless otherwise stated in this article.
10.2 Telefuture Nederland BV is only liable for direct damage to the Customer - which expressly does not include immaterial damage - caused by a shortcoming attributable to Telefuture Nederland BV - and per event or related events - up to a maximum of the invoice value of the service provided as a result of which or in connection with which damage has been caused.
10.3 Shortcomings in any form in the services of third parties, such as providers of mobile networks or services, are not attributable to Telefuture Nederland BV.
10.4 Telefuture Nederland BV excludes any liability for damage other than that stated in article 9.2.
10.5 Any claim against Telefuture Nederland BV, unless recognized by Telefuture Nederland BV, expires 6 months after the claim arose.
Article 11. Privacy
11.1 Telefuture Nederland BV respects the privacy of the Customer. Telefuture Nederland BV will process the Customer's personal data in accordance with the Privacy Statement that can be viewed on the Telefuture Nederland BV website. The Customer agrees to this processing of his personal data.
Article 12. Final provisions
12.1 The effect of any international treaty on the purchase of movable tangible property, the effect of which can be excluded between the parties, does not apply and is hereby expressly excluded. More specifically, the applicability of the Vienna Sales Convention 1980 (CISG 1980) is expressly excluded.
12.2 If the Customer acts on behalf of one or more others, he is liable towards Telefuture Nederland BV, without prejudice to the liability of those others, as if he were a Customer himself.
12.3 If a provision of these general terms and conditions is void or invalid with regard to the Customer, a valid provision that most closely approximates the void or invalid provision will be deemed to apply instead.
12.4 All disputes between Telefuture Nederland BV and the customer will be settled exclusively by the competent court in the Netherlands.
12.5 Only Dutch law applies to all agreements concluded by Telefuture Nederland BV.
Telefuture Nederland BV (Xletics)
