Terms and conditions

These Terms and Conditions are the standard conditions for online sales as common in the market. These conditions have been established in consultation with Consumers' Association in the context of the ‘Coördinatiegroep Zelfreguleringoverleg’ (CZ) of the Economic and Social Council, enforced as of January 1st 2010.

Article 1 - Definitions

In these Terms and Conditions the following terms shall have the following meaning:

1. Operator: the natural or legal person who offers remote products and / or services to the consumer;
2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a remote agreement with the operator;
3. Remote agreement: an agreement where, in the context of a system for remote sale of product and / or services organized by the operator, up to the conclusion of an agreement, one ore more techniques for remote communications are exclusively used;
4. Technology for remote communication: means to be used for the conclusion of an agreement, without the consumer and operator being in the same room at the same time;
5. Reflection period: the period in which the consumer may exercise his right of withdrawal;
6. Right of withdrawal: the option for the consumer to refrain from the remote agreement within the reflection period;
7. Day: calendar day;
8. Duration Transaction: a remote agreement regarding a series of products and / or services of which the delivery and / or purchase obligation is spread over time;
9. Durable data carrier: every means allowing the consumer or operator to store information addressed to him/her personally in a way that allows for future consultation and unaltered reproduction of the stored information.

Article 2 - Identity of the entrepreneur

Prepaid Union BV
trading under the name: prepaidunion.com

Address:
Herenweg 15
3602 AM  Maarssen
The Netherlands

Phone number : +31207009293
Availability: Monday to Friday, 10:00 to 14:00 (Dutch time)
Email address: support@prepaidunion.com

Chamber of Commerce number: 24459901
VAT ID number: NL820722133B01

Article 3 - Applicability

1. These terms and conditions apply to every offer of the operator and every concluded remote agreement between the operator and the consumer.
2. Before the remote agreement is concluded, the text of these terms and conditions will be made available to the consumer. If this is not possible within reason, the consumer will be notified of the fact that the general conditions are available at the operator (before concluding the agreement) and that these will be sent to the consumer as soon as possible on request, free of charge.
3. Of the remote agreement is concluded electronically, the text of these terms and conditions can be made available to the consumer electronically, notwithstanding the provisions of the previous paragraph, in such a way that these can easily be stored by the consumer on a durable data carrier. If this is not possible within reason, the consumer will be notified of the location through which he / she can electronically learn of these terms and conditions, and that these will be sent electronically, or otherwise, free of charge, on request.
4. In case specific product- or service conditions apply in addition to these terms and conditions, the second and third paragraph applies accordingly and the consumer can always call on the applicable provision most beneficial to him / her in case of conflicting terms and conditions.

Article 4 – The offer

1. If an offer has limited validity or is made under conditions, this is explicitly mentioned in the offer.
2. The offer contains a full and accurate description of the products and / or services offered. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the operator uses images, these shall truthfully reflect the products and / or services offered. Obvious mistake or errors in the offer are not binding to the operator.
3. Every offer contains such information that makes clear to the consumer which rights and obligations attached to acceptance of the offer. This concerns in particular:
   • the price, including taxes;
   • any delivery costs;
   • the way the agreement will be concluded and the actions required;
   • whether or not the right of withdrawal applies;
   • the method of payment, delivery or implementation of the agreement;
   • the period for acceptance of the offer or the period for the maintenance of price;
   • the height of the rate for remote communication if the costs of the use of the technology for remote communication are calculated on a different basis than the basic rate;
   • if the agreement is archived after conclusion, how it can be accessed by the consumer;
   • the way the consumer can be informed about non-desired actions prior to concluding the agreement as well as the way he can restore these before the agreement is concluded;
   • any languages in which the agreement can be concluded, in addition to Dutch;
   • the code of conduct to which the operator is subject and the way the consumer can consult these codes of conduct electronically; and
   • the minimum duration of the remote agreement in case of an agreement that that involves the continuous or periodic supply of products or services.

Article 5 – The agreement

1. The agreement will be established, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the consumer and on meeting the defined requirements.
2. If the consumer has electronically accepted the offer, the operator shall immediately electronically confirm the receipt of the offer acceptance. As long as the receipt of this acceptance has not been confirmed, the consumer has the right to dissolute the agreement.
3. If the agreement is concluded electronically, the operator will take proper technical and organizational measures to protect the electronic transfer of data and will ensure a secure web environment. If the consumer is offered electronic payment methods, the operator will observe proper safety measures thereto.
4. Within the confines of the Law, the operator may inform about the ability of the consumer to meet his payment obligations as well of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, based on this investigation, the operator has good reasons to refrain from concluding the agreement, he has the right to refuse an order or application under provision of reason, and / or to attach special conditions to the implementation.
5. The operator will include the following information with the product of service to the consumer, in writing or in such a way that it can stored in an accessible manner on a durable data carrier:
   1. the visiting address of the office of the operator to which the consumer can send his complaints;
   2. the conditions under which and the way the consumer can exercise the right of withdrawal, or a clear notification about the exclusion of the right of withdrawal;
   3. the information on existing service after purchase and warranties;
   4. the data included in article 4, paragraph 3 of these conditions, unless the operator already provided this data to the consumer prior to the implementation of the agreement;
   5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
   6. If the operator has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

1. With a distance contract, the consumer has the right to withdraw from the contract within 14 days without giving any reason. This period starts on the day after the contract is concluded.
2. Top-ups, call credit, bundles, codes and vouchers are delivered immediately after payment. Therefore, when ordering, the entrepreneur asks the consumer, with a separate box to tick, for express consent to deliver immediately and for the consumer's acknowledgement that the right of withdrawal is lost once delivery has taken place. Without this consent and acknowledgement the consumer cannot order. The entrepreneur confirms the consent and acknowledgement by email.
3. With this consent and acknowledgement, the right of withdrawal ends once the product has been delivered: as soon as the credit has been topped up with the operator, or as soon as the code or voucher has been shown to the consumer on screen or by email.
4. As long as an order, or part of it, has not been delivered, for example because the operator is temporarily unavailable, the consumer can withdraw from that part.

Article 7 - How to withdraw and refunds

1. The consumer withdraws with the "Cancel an order" button on the website (at the bottom of every page and on the order page) by entering the order number and the email address of the order. No account is needed. The consumer can also send the model withdrawal form (annex to these terms) or another unambiguous statement by email to support@prepaidunion.com.
2. The entrepreneur confirms receipt of the withdrawal without delay by email, stating the content of the statement and the date and time it was received.
3. The entrepreneur stops delivery of what has not been delivered yet and refunds all payments for that part, including the transaction costs if nothing of the order has been delivered, as soon as possible and no later than 14 days after the withdrawal. The entrepreneur uses the same means of payment as the consumer, unless the consumer agrees to another method. The refund is free of charge for the consumer.
4. Anything that had already been delivered, or was being delivered, at the moment of withdrawal is not covered by the withdrawal (article 6 paragraph 3).

Article 8 - Exclusion of the right of withdrawal

1. The right of withdrawal ends for:
   1. services, such as topping up call credit or a bundle, after full performance, if performance began with the consumer's prior express consent and the consumer acknowledged losing the right of withdrawal once the entrepreneur has fully performed the contract;
   2. digital content not supplied on a tangible medium, such as codes and vouchers, if delivery began with the consumer's prior express consent, the consumer acknowledged thereby losing the right of withdrawal, and the entrepreneur confirmed this.
2. The entrepreneur states this clearly in the offer, in any case before the contract is concluded.

Article 9 – The price

1. During the validity period mentioned in the offer, the prices of the products and / or services offered shall not be increased except for in case of price changes as a result of changes in VAT rates.
2. Not withstanding the previous paragraph, the operator may offer products or services, prices of which are linked to fluctuations on the financial market, beyond the control of the entrepreneur, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices, are mentioned with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legislation or regulations.
4. Price increases as of 3 months after the conclusion of the agreement are only allowed if the operator has agreed this and:
   1. If these are the result of legislation or regulations; or
   2. The consumer has the authority to terminate the agreement on the day the price increase enters into force.
   3. The prices mentioned in the offer of products or services are VAT inclusive, where VAT applies.

Article 10 - Compliance and Warranty

1. The operator guarantees that the products and / or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of reliability and / or usefulness and the current laws and / or government regulations applicable on the date of conclusion of the agreement.
2. A scheme offered by the operator, manufacturer or importer by means of warranty is without prejudice to the rights and claims the consumer may exercise regarding shortcomings in the fulfillment of the obligations of the operator towards the operator based on law and / or the remote agreement.

Article 11 - Delivery and implementation

1. The operator will take the greatest possible diligence when receiving and implementing product orders and in the assessment of requests to render services.
2. The delivery location is considered to be the address provided to the company by the consumer.
3. Subject to the provisions of article 4 of these terms and conditions, the company will implement accepted orders expeditiously, however no later than within 1 day, unless a longer delivery period has been agreed. If an order can’t or can only partially be implemented, the consumer will receive notification of this at the latest one day after he places the order. In that case, the consumer has the right to dissolute the agreement free of charge and is entitled to any compensation of damages.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur will return the amount paid by the consumer as soon as possible, however no later than 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the operator will make efforts to provide a replacement product. At the latest on delivery, there will be a clear and comprehensible notification of the fact that a replacement article is being delivered. The right of withdrawal cannot be rejected for replacement articles. The costs of the return shipment will be borne by the operator.
6. The risk of damages and / or missing products lies with the operator up until the time of delivery to the consumer, unless explicitly agreed otherwise.

Article 12 - Duration Transactions

1. The consumer may terminate an indefinite agreement at all times, subject to the agreed termination rules and a notice of at least one month.
2. An agreement concluded for a definite period has a maximum duration of two years. If it has been agreed that, in case of no consumer response, the remote agreement will be tacitly renewed, the agreement will be continued as an indefinite agreement and the maximum notice will be one month after continuation of the agreement.

Article 13 - Payment

1. Payments for deliveries are made through methods made available by the Entrepreneur.If advanced payment is agreed, the consumer may not assert any rights regarding the i9mplementation of the specific order or service(s), if the agreed advance payment has not taken place yet.
2. The consumer has the obligation to immediately notify the trader of inaccuracies with regard to provided or listed payment details.

Article 14 – Privacy and personal data

1. The entrepreneur processes the consumer's personal data in accordance with the General Data Protection Regulation (GDPR). It uses them only to perform the agreement (such as topping up the mobile number given and handling the payment), to meet legal obligations (such as keeping its records) and to protect the web shop and the consumer against fraud and abuse.
2. The entrepreneur does not sell personal data and does not give them to third parties for their own marketing. Personal data only go to parties needed to perform the agreement (the supplier of the top-up, the mobile operator of the number given and the payment service) and to parties to which the entrepreneur is legally required to provide them.
3. The web shop only uses cookies it needs to work. Other cookies, such as those for statistics or advertising, are only placed if the consumer gives permission. That permission can be withdrawn at any time.
4. Which data the entrepreneur processes, why, how long it keeps them and which rights the consumer has (access, correction, deletion, portability and objection, and a complaint to the Dutch Data Protection Authority) is set out in the privacy statement. Questions and requests about personal data can be sent to support@prepaidunion.com.

Article 15 – Complaint scheme

1. The entrepreneur has a well-publicized complaint procedure and handles the complaint in compliance with this complaint procedure.
2. Complaints on the implementation of the agreement should be submitted to the operator within reasonable time after the consumer has found the defects.
3. Complaints submitted to the operator will be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeable longer handling period, operator will answer within the 14-day term with a confirmation of receipt and an indication when the consumer can expect a more extensive answer.

Article 16 - Disputes

1. To agreements between the operator and the consumer to which these general conditions apply, Dutch Law exclusively applies.

Article 17 - Additional or different provisions

1. Additional provisions of provisions deviating from these terms and conditions, cannot be at the prejudice of the consumer and should be recorded in writing, or in such a way that they can be easily stored by the consumer on a durable data carrier.

Article 18 - Change of terms and conditions

1. Changes to these conditions shall only enter into force after these have been published the appropriate way, provided that, in case of applicable changes during the term of an offer, the most beneficial provision for the consumer will prevail.

Annex - Model withdrawal form

(complete and return this form only if you wish to withdraw from the contract)

• To: Prepaid Union BV, Herenweg 15, 3602 AM Maarssen, The Netherlands, support@prepaidunion.com
• I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
• Ordered on (*)/received on (*),
• Name of consumer(s),
• Address of consumer(s),
• Signature of consumer(s) (only if this form is notified on paper),
• Date

(*) Delete as appropriate.