General terms and conditions Topfollowers

General Terms and Conditions 7Modified on: 17-02-2017

Article 1 Definitions

(1) "Supplier," "we," "us" means the private limited liability company with trade name topfollowers
"Consumer", "you", "you" : The end consumer of the Supplier's products, being a private natural person and explicitly not an influencer, company and/or professional trader.
"Website" means https://topfollowers.nl

Article 2 Applicability

1. These general terms and conditions apply to all offers, legal relationships and agreements whereby we provide products and/or other services of any kind to you.
2. These general conditions also apply to all agreements with us, the execution of which requires the involvement of third parties.
3. Any deviations from these general terms and conditions shall be valid only if expressly agreed in writing.
4. If one or more of the provisions of these general terms and conditions are invalid or may be annulled, the other provisions of these general terms and conditions will remain fully applicable. We will in that case consult with you to agree on new provisions to replace the void or voided provisions, where if and to the extent possible the purpose and intent of the original provision are observed.
5. We may always impose (further) requirements for communicating with you or performing legal acts by e-mail.

Article 3 Offer and agreement

1. The products displayed on the Website invite you to make us an offer to buy our products. Your order is an offer to buy the products, which we accept only by delivering the products ordered. Any confirmation you receive after placing an order does not constitute acceptance of your offer and may be corrected prior to delivery in case of inaccuracies, errors, unavailability of the product or for any other reason.
2. Your offer is based solely on the information you provide for this purpose, whereby we may rely on its accuracy and completeness. Therefore, you guarantee the accuracy and completeness of said information.
3. By placing an order, you declare that you are placing the order in the capacity of a private person.
4. You give topfollowers the right to place your public information, which client provides by sending the order, in the network to start the delivery of the ordered services

Article 4 Prices and payment

1. All prices listed on the Website include sales tax (VAT) and other government levies.
2. All Supplier's products are supplied at the prices in effect on the date of purchase, barring any typesetting and printing errors.
3. Payment of said prices is made during the ordering process by one of the methods made available in the ordering process.
4. We can inform ourselves within legal frameworks whether you can meet your payment obligations, as well as all those facts and factors that are important for a responsible conclusion of an agreement at a distance. If on the basis of this investigation we have good grounds not to enter into the agreement, we are entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
5. In the event of bankruptcy, seizure or arrangement within the meaning of the Natural Persons Debt Rescheduling Act, our claims against you shall be immediately due and payable.
6. In the event that you fail to pay the amounts due on time, you will owe statutory interest on the outstanding amount, without any reminder or notice of default being required. If you subsequently remain in default of payment after a demand for payment or notice of default, we can pass on the claim for collection, in which case, in addition to the total amount then due, you will also be obliged to pay all judicial and extrajudicial costs, including costs calculated by external experts in addition to the costs established in court.

Article 5 Execution of the agreement

1. We shall perform the agreement with the care of a good contractor. We do not, however, guarantee the achievement of any particular result.
2. The deadlines we specify are always target deadlines and do not apply as deadlines. Exceeding these deadlines does not oblige us to any compensation and does not give you the right to dissolve the agreement, unless there is intent or equivalent gross negligence on our part.
3. In case of late delivery, you must first give us notice of default before we can be in default.
4. If and to the extent required for the proper execution of the agreement, we have the right to have certain work performed by third parties.
5. You shall ensure that all data, which we indicate are necessary or which you should reasonably understand are necessary for the execution of the agreement, are provided to us in time. If the data required for the execution of the agreement are not provided to us in time, we have the right to suspend the execution of the agreement and/or to charge you for the extra costs resulting from the delay according to the usual rates.
6. You give topfollowers the right to place the public information, which you provide yourself by sending the order, in the network to start the delivery of the ordered product.
7. If you want early delivery, delivery can be stopped by setting profile private.
8. We are entitled to make partial deliveries. If this is not stated with the product in question or you even indicate this as your preference, we will contact you as soon as possible to inform you when partial delivery is involved.
9. You are obliged to accept the products at the moment we deliver them or have them delivered to you, or at the moment when they are made available to you in accordance with the agreement. This means, among other things, that you must fully cooperate with the delivery of these digital goods when ordering these services, including the publication of the profile if required. If you refuse to take delivery or are negligent in providing information or instructions necessary for delivery, we are entitled to charge you for the costs involved in making delivery impossible.

Article 6 Warranty

1. You receive a 30-day warranty on every order. You can choose an additional warranty period on top of the standard 30-day period. This additional warranty period is offered to you upon payment during the payment process and only for specific services.
2. We deliver 10% more followers, likes, plays, downloads, subscribers or favorites by default on every order you place. It is known to us that after delivery approximately 10% of the delivered followers, likes, plays, downloads, subscribers or favorites disappears within a few days, which is why we provide this non-mandatory service. If more than 10% of the delivered product disappears within your warranty period we will replenish the followers free of charge.
3. The number of followers, likes, plays, downloads, subscribers or favorites will be checked within your warranty period after the date of your orders based on which we will see if you qualify for a free replenishment. If so, you will receive a free addition of your followers, likes, plays, downloads, subscribers or favorites.
4. If you have not received a free replenishment within the 30 days, please contact our customer service via the web form or the chat on the Website.
5. The risk of loss, theft or damage to items, products, software or data that are the subject of the agreement shall pass to you at the time they are placed in your actual control or an auxiliary.

Article 7 Complaints and refunds

6. No rights can be derived from the origin of followers, likes, plays, downloads, subscribers or favorites provided.
7. You must notify us of any complaints in writing within a reasonable time of discovery, whereby notification within 14 days of discovery is timely.
8. If you do not complain within the aforementioned period, all your rights and claims on any grounds whatsoever will lapse in respect of what you have complained about or could have complained about within that period.
9. Each delivery is to be regarded as a separate transaction, i.e. complaints, which relate to a particular delivery, shall not affect prior or subsequent deliveries.
10. If a complaint is justified, we are authorized at our discretion to either adjust the invoice amount, redeliver/perform the product or service in question, or refund a portion of the price already paid without further performance of the agreement.
11. Any refund will be credited to the online wallet.
12. If client wishes early delivery, delivery can be stopped by placing profile private. In this case, there will be no refund.

Article 8 Exclusion of right of withdrawal

1. Due to the nature of the service, consisting of producing and directly delivering likes and followers on various platforms, the Consumer's cooling-off period and right of withdrawal is excluded. You expressly stated when entering into the contract with us:
a. agree to immediate delivery of the service, thus before the expiration of the cooling-off period;
b. hereby forfeit your right of withdrawal once we have fully performed the contract.

Article 9 Liability

1. We are not liable for any actions of the platforms / service providers linked to our products, such as, but not limited to, Instagram, Facebook and Tiktok. You are solely responsible for using and consulting the terms and conditions of these platforms/service providers.
2. We are not liable for any use by the Consumer of a product after its delivery, unless it is unreasonably onerous.

Article 10 Intellectual Property

1. All rights of intellectual property in at least, but not exhaustively, all models, images, drawings and items to be delivered shown on the Website are vested exclusively in us and/or our licensors and may not, without our prior written consent, be reproduced in whole or in part in any form, imitated or shown to third parties or made available to them for any purpose whatsoever, unless required by legal regulations.

Article 11 Force Majeure

1. The parties are not obliged to fulfill any obligation if they are hindered to do so as a result of a circumstance that is not due to fault, and also not for their account according to the law, a legal act or generally accepted practice.
2. In these general terms and conditions, force majeure means, in addition to its definition in the law and jurisprudence, all external causes, foreseen or unforeseen, over which we have no control, or as a result of which we are unable to comply with the obligations. This includes strikes at the Supplier's company.
3. In case of force majeure, you cannot claim any compensation.
4. If a case of force majeure results in the agreed date or deadline being exceeded, you have the right to dissolve the contract in question by means of a written statement. This dissolution does not extend to products that have already been delivered; these must be paid to us, insofar as payment has not already taken place.

Article 12 Confidential data and privacy

1. All Parties warrant that all information received from the other Party that is known or should be known to be of a confidential nature shall remain secret, unless a legal obligation mandates disclosure of that information. The Party receiving confidential information shall use it only for the purpose for which it was provided. Information shall in any case be considered confidential if it is designated as such by one of the parties.
2. For other regulations regarding the processing of (confidential) personal data, please refer to our privacy statement which can be found at the bottom of each page of the Website.

Article 13 Applicable law and disputes

1. All legal relationships between Supplier and Consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
2. The court in Amsterdam has exclusive jurisdiction over disputes arising from or related to the agreement between Supplier and Consumer, unless provisions of mandatory law dictate otherwise.