General Terms and Conditions
Article 1 – The general terms and conditions
1.1 These general terms and conditions apply to any offer by Dundle and to any contract formed between Dundle and the consumer. Dundle's general terms and conditions can be found at https://dundle.com/legal/terms-and-conditions/, from which website consumers can easily download and save these general terms and conditions.
1.2 If any provision of these general terms and conditions is null and void or annulled, the remaining provisions of these general terms and conditions will remain in full force and effect.
Article 2 – The purchase agreement
2.1 The offer contains a complete and accurate description of the digital products offered. Manifest mistakes or manifest errors in the offer are not binding on Dundle.
2.2 Dundle is not a publisher or issuer of digital products. The offer is at all times limited to what is offered or made known by the publisher or issuer of the digital product in the product terms and conditions of the digital product.
2.3 The purchase agreement is formed when the consumer activates the ‘Order & pay’ button. The purchase agreement is formed on condition that the consumer's payment has been received by Dundle.
2.4 Upon receipt of payment, the digital product will be delivered immediately.
Article 3 – Exclusion of the right of withdrawal
3.1 The purchase is for the delivery of digital content that is not delivered on a tangible medium. By their nature, these digital products may be excluded from the right of withdrawal. Dundle excludes that right of withdrawal. Before any purchase can be made, the consumer must expressly agree to allow Dundle to begin delivery and the consumer must declare that they thereby waive their right of withdrawal.
Article 4 – The price
4.1 The price of the digital product is the price stated in the shopping cart in Dundle's online shop.
4.2 The price on the payment page may specify VAT, transaction fees and service charges. Transaction fees are the fees charged by the payment service provider to Dundle for the use of the payment method chosen by the consumer, such as the fee charged by the payment service provider for the transaction and an allocation for the periodic fixed fees charged by the payment service provider. These transaction fees vary by payment method and are shown on the payment page if applicable. Service charges include all other fees charged by Dundle for its services. These may vary by product and will be shown by product in the shopping cart if applicable.
4.3 Notwithstanding 4.1, Dundle may offer digital products at variable prices, where the prices of these products are subject to fluctuations in the financial market and are not in Dundle's control. This link to fluctuations and the fact that any prices quoted are target prices will be stated in the offer.
Article 5 – Delivery and execution
5.1 Delivery is made by email. The consumer must provide the correct email address and verify it properly. If the consumer has provided an incorrect email address, the digital product cannot be delivered again. Therefore, the consequences of providing an incorrect email address are entirely the responsibility and risk of the consumer.
5.2 For customers paying with PayPal, the product will be delivered to the PayPal email and not the email address entered on the delivery page (if different). Dundle is not liable for not having access to the PayPal email address that your product was delivered to.
5.3 Consumers should enter the correct region and verify it properly. Changing the region is no longer possible once the ‘Order & Pay’ button has been activated. Therefore, the consequences of specifying an incorrect region are entirely the responsibility and risk of the consumer. Delivered digital products cannot be returned.
5.4 In the event of a defect, the consumer will be obliged to cooperate with Dundle to enable Dundle to ascertain the cause of the defect. The consumer is required to provide Dundle with all relevant information, such as a screenshot of the error message, the account value, currency and region of the account where the credit was due to be added and the website URL of the redemption page. The consumer is required to provide Dundle with digital access to their device to determine the cause of the defect.
5.5 We reserve the right to send reminders related to outstanding payments or other relevant matters concerning the products provided. These reminders may be sent via e-mail, SMS or other means of communication you have provided. By using our services, you agree to receive such communications.
Article 6 – Fraud
6.1 Dundle continually has to cope with legal and natural persons seeking to commit fraud, money laundering, terrorist financing or other unlawful or improper use of Dundle's services. The interests and integrity of Dundle and others may be harmed as a result. Dundle has therefore taken protective measures. These result from protective measures taken by financial and other institutions under the Dutch Prevention of Money Laundering and Financing of Terrorism Act (Wet ter voorkoming van witwassen en financieren terrorisme (Wwft)), the Dutch Financial Supervision Act (Wet op het financieel toezicht (Wft)) and Payment Services Directives 1 and 2 (PSD1 and PSD2) and/or by financial and other institutions independently. This will help reduce the risks and mitigate any adverse impact on Dundle and others. The consumer is obliged to comply with these protective measures.
6.2 In the event of fraud, money laundering or terrorist financing, or suspicion thereof, Dundle reserves the right to:
withdraw an offer;
dissolve or not enter into an agreement;
request additional information, such as copies of a passport or ID card, bank statements, phone bills, receipts, etc.
suspend delivery during the period of investigation;
suspend any reimbursement during the period of investigation;
recover or set off damages suffered as a result of fraud, money laundering or terrorist financing, including investigation costs;
report fraud, money laundering or terrorist financing to police, the relevant institutions (financial and other) and fraud platforms.
Article 7 – Warranty
7.1 Dundle warrants that the digital products comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of formation of the contract.
7.2 The foregoing does not apply to statements made by third parties. Statements by the publisher or issuer of the digital product shall not constitute communications by Dundle. Lifespans of digital products vary by product. There are digital products with unlimited lifespans, as well as digital products with lifespans of, say, three months. The lifespan of a digital product is determined by the publisher or issuer of that product. A number of the digital products in Dundle's online shop come directly from the publisher or issuer of the digital product. These digital products are activated upon purchase in the online shop. The lifespan of the digital product is then equal to the lifespan communicated by the publisher or issuer of the digital product. Other digital products come from distributors. These digital products have already been activated. Longer handling times apply to them, in which case the remaining lifespan is shorter than the lifespan of the digital product communicated by the publisher or issuer of the digital product. This is factored into the price of the digital product as listed in the online shop. Shorter remaining lifespans cannot be considered a defect. Dundle cannot provide a warranty in this regard. In such case, Dundle shall not provide a new digital product or refund the purchase price. Dundle excludes any liability for damages resulting from the expiry of digital products. Dundle's digital products are meant to be used directly online.
7.3 Product terms and conditions applicable to the Digital Product may not have been made available to Dundle and/or may be made available by Dundle. The consumer is then required to download these themselves from the website of the publisher or issuer of the digital product.
Article 8 – Force majeure
8.1 Dundle is not obliged to comply with any obligation to the consumer if it is prevented from doing so as a result of a circumstance for which it is not to blame, and which is not its responsibility by virtue of the law, a legal act or according to generally accepted standards. In these general terms and conditions, force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which Dundle has no control, but which prevent Dundle from fulfilling its obligations, including internet disruptions, disruptions in the payment service, lack of stock, war, riots, fire, strikes, transport difficulties, lack of energy, disasters, restrictive government measures, malfunctioning of company installations and failure of third parties to supply or provide products or services.
8.2 Dundle is be entitled to suspend its obligations during any period of force majeure.
8.3 The consumer has the right to cancel the agreement after notification of non-delivery due to force majeure. Refunds can only be made to SEPA and Paypal accounts.
Article 9 – Liability
9.1 Dundle is not be liable for damage in the event of fraud, money laundering or financing of terrorism or other unlawful act or suspicion thereof.
9.2 Dundle is not liable for damage resulting from loss, theft, destruction, misuse or improper use of any digital product.
9.3 Dundle is not liable for damage if the lifespan of a digital product has ended.
9.4 Dundle is not liable for damage due to restrictions or limitations in product terms of the publisher or issuer of the digital product. Nor is Dundle liable for damages resulting from any act, omission or decision of any publisher or issuer of the digital product. Dundle is not liable for damage if product terms of the digital product are breached.
9.5 Dundle is not liable for damage in the event that the information obligation of Article 5.3 is not met.
9.6 Dundle is not liable for damage resulting from hacking or account hacking, social engineering or other unlawful acts of third parties.
9.7 Dundle is not liable for damage resulting from any incorrect entry of the email address, incorrect country selection or other incorrect entry or choice by or of the consumer.
9.8 Dundle is not liable for damage resulting from an act or omission by third parties.
9.9 Dundle is not liable for damage if the publisher of the product or the operator of the website where the product is redeemed has detected fraud, money laundering or terrorist financing or has any suspicion of that.
9.10 Dundle is not liable if the product cannot be used due to a failure at the publisher of the product or at the operator of the website where the consumer intends to use the product.
9.11 Dundle is not liable for any fees charged by the issuer of the product, such as maintenance fees or redemption fees.
9.12 Dundle's liability is limited to the damage that can be considered an immediate and obvious consequence of any non-performance or defective performance up to the nominal value of the defective digital product. Dundle is not liable for indirect and consequential damage.
9.13 Any liability of Dundle is limited to the amount covered by its insurance.
9.14 In the event of liability for a defective product, Dundle will either provide another equivalent digital product or refund the amount paid.
9.15 The limitations of liability contained in these general terms and conditions do not apply if the damage is due to intent or deliberate recklessness on the part of Dundle's directors.
9.16 Korsit hereby unequivocally disclaims any association or endorsement of the use of products showcased on its website (Dundle) for any unlawful practices, regardless of their nature, explicitly stating that it bears no responsibility whatsoever for any engagement therein by the purchaser.
Article 10 – Complaints procedure
10.1 Dundle has a complaints procedure published on its website. It will handle any complaint in accordance with this complaints procedure.
10.2 Complaints about the performance of any agreement must be submitted to Dundle fully, with a clear description of the complaint.
10.3 Complaints submitted to Dundle will be answered as soon as possible, but at the latest within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Dundle will notify the consumer within the 14-day period of when to expect a more detailed response. Dundle will make every effort to find a satisfactory solution.
Article 11 – Dundle Coins
11.1 Depending on the product purchased and its currency, the consumer saves an amount of Dundle Coins determined by Dundle. Dundle Coins can be redeemed against purchase of certain Dundle-determined digital products in Dundle World.
11.2 Redemption is made by selecting a digital product and activating the Redemption button in Dundle World. A redemption cannot be undone even if the wrong digital product or region was inadvertently selected. Dundle Coins are never redeemable for cash.
11.3 Dundle Coins cannot be transferred. Allocation of Dundle Coins is linked to the consumer's email address. Dundle Coins assigned to different email addresses of a consumer cannot be merged.
11.4 Dundle Coins expire one year after the last purchase.
Article 12 – Disputes
12.1 Dutch law applies to all agreements between Dundle and the consumer.
12.2 Any disputes between the consumer and Dundle will be submitted to the competent judge of the District Court of 's-Hertogenbosch, unless another court is competent to hear and determine the dispute.
Dundle is a trade name of Korsit B.V., Zwembadweg 12, 5611 KS Eindhoven, the Netherlands, firstname.lastname@example.org, Chamber of Commerce (KvK) number 69094438, VAT number: NL 857730824B01