TERMS OF USE AND TERMS OF SALE


Version: 2.0.0

Effective date: July 24th, 2018


This document outlines the terms and conditions of use and terms of sale for the website and the mobile application available by using a web browser to go to www.messagefromsanta.com or by installing the application on a mobile device (hereinafter referred to as the "Website" and the "App").


The Publisher of the Website and the App is “First Class Media B.V.”, a limited liability company, having office at Bosscheweg 107, Boxtel, the Netherlands. The company is registered in the Dutch Business Register #71694374, D-U-N-S #492665793.


The Website and/or the App allow the User to create personalized, digital content online. This content may be applicable to the ordering party as well as to his/her family and friends (hereinafter referred to as "Other Persons") and shall be made in the forms of, but not limited to, telephone conversations, personal audio and video recordings, letters, and/or postcards created for personal use only.


If you have any questions about the Terms and Conditions or about the Website and/or the App, please contact us at support@messagefromsanta.com.




TERMS OF USE


1. The terms used in this document have the following meanings:

  1. Publisher - the entity providing the service: “First Class Media B.V. “

  2. Website and/or the App User - a natural person aged 13 or older in the United States or aged 16 or older in other countries, who by registering and accepting the Terms and Conditions, as well as the Privacy Policy, has access to the services offered by the Website and/or the App.

  3. User Account - data provided by the User of the Website and/or the App as part of the registration process, which is collected and processed with the User's consent by the information system for the purpose of providing the User with services made available on the Website and/or in the App by the Publisher.


1. General provisions:

  1. The User is prohibited from providing any unlawful content and using the website or free of charge services provided by the Website and/or the App in a manner contrary to the applicable law, good manners, infringing personal rights of third parties or legitimate interests of the Publisher.

  2. Due to the public nature of the Internet and e-services, the Website and/or the App highlight the risks associated with the unauthorized access and modification of the User's data; therefore, the Users are advised to employ appropriate technical measures to minimize the risks identified above. In particular, anti-virus software and software protecting the identity of the Internet users should be used.


3. Use of the Website and/or the App:

  1. The Website and/or the App User agrees not to use the Website and/or the App for any purpose other than its intended purpose or to operate to the detriment of others.

  2. By using the Website and/or the App, the User is responsible for the information he or she submits.


4. Creating an account:

  1. In order to create personalized digital content that can be used with the Website and/or the App, enter your name and age, and create an account on the Website and/or in the App by using your e-mail address as your username and password. The User's password can be changed at any time. You can also use Facebook Connect or Google Connect to create your account.

  2. Creating an account is voluntary and free of charge.

  3. Optionally, the name and e-mail address of the recipient of the personalized content and other information necessary to personalize the content may also be required.

  4. The process of creating an account is complete after filling the registration form and after receiving an e-mail confirmation of account registration.

  5. Once you log into your account, you will have access to the free options and you will be able to purchase the paid options.

  6. The User is responsible for providing factually correct, accurate, and up-to-date information, as well as updating it. The User is not allowed to provide data other than real, or to impersonate any other person.

  7. The User may be deprived of his or her right to use the account, and his or her access to some or all of the Website and/or the App resources may be restricted with immediate effect in the event of violation of the Terms and Conditions by the User, in particular when:

  8. The Customer who has been denied access to the Website and/or the App may not re-register without the prior consent of the Website and/or the App.

  9. The Customer may log into the account via the sign in form, by entering the correct e-mail and password given while registering.

  10. You can always make changes or delete your personal information in your User Account.

  11. The account registration is complete provided that the User familiarizes himself/herself with the content of these Terms and Conditions and accepts the processing of personal data.


5. Newsletter and/or notifications received on mobile device:

  1. If you are subscribed to the Newsletter and/or subscribed to the notifications for mobile devices, or otherwise agreed to receive them, you will receive e-mail and/or mobile notifications directly related to the Website and/or the App.

  2. You will always receive e-mails and/or notifications for mobile devices about important information, such as your purchase status, password reset options, and information on the upcoming expiration of your subscription.


6. Contract termination (not applicable to orders/sales contracts):

  1. Either party may terminate the service contract electronically at any time, without providing reasons, subject to the rights acquired by the Other Party before the termination of the aforementioned contract and provisions below.

  2. The User who has completed the registration may terminate the service contract electronically by requesting the removal of the customer account, using any means of distance communication that enables the Website and/or the App to receive the Customer's declaration.

  3. The Website and/or the App may terminate the service contract electronically by sending the User a relevant declaration to the e-mail address entered by the User during the account registration.



7. Collected data:

  1. The Privacy Policy outlines the rules for collecting, processing and using the User's data. Please refer to its content before using the Website and/or the App.

  2. The Website and/or the App allow the User to create personalized, digital content online. This content may be applicable to the ordering party as well as the Other Persons, and are created in the forms of, but not limited to: telephone conversations, personal audio or video recordings, letters, and postcards.

  3. The User states and warrants that he or she has obtained the consent of the Other Persons or the appropriate entitlements to share the content mentioned above. At the same time, the User and the Other Persons state that they will not make any claims on the presented content.


8. Copyright infringement

  1. The User is not allowed to post any material that does not belong to him or her, or to which he or she has no rights.

  2. We comply with the infringement notices and procedures established in the Digital Millennium Copyright Act (DMCA) for the purpose of copyright protection.

  3. If you notice that your copyright material has been used or posted without your knowledge and consent via the Website and/or the App, you should immediately notify us by writing to support@messagefromsanta.com


9. The rights to the Website and/or the App or their individual texts, graphics, images, as well as audio and video recordings are reserved to the Publisher or respectively to the entities whose material, on the basis of cooperation with the Publisher, is made available on the Website and/or the App. The Website and/or the App and each of their elements are subject to the protection provided by the Dutch and international laws, including in particular the provisions of the Copyright and Related Rights Act. The User may reproduce the content that has been personally adapted for personal use only, as long as it is available. Altering, copying, distributing, transmitting, displaying, publishing, licensing, creating derivative works, selling or re-selling the content that is used by the User via the Website and/or the App is not allowed.


10. Trademark:

“Message From Santa” (as well as translations of the name to other languages) and other related graphics, logos, icons, scripts, and trade names used on or related to the Website and/or the App, including images and videos, are trademarks and/or registered trademarks in the United States and/or other countries. Therefore, these trademarks may not be used in connection with any other product or service as part of another trademark, brand or domain, so as not to mislead anyone. Trademarks or registered trademarks may not be copied or used in whole or in part without the prior written consent of the Publisher. All other brand and product names used on the Website and/or in the App are trademarks or registered trademarks belonging to their respective owners.


11. Disclaimer:

  1. The Service Provider shall not be liable for technical problems or limitations, including the data transfer rate of computer hardware, mobile devices, terminal equipment, teleinformatic system and telecommunications infrastructure used by the Customer, and which prevent the Customer from using the Website and/or the App.

  2. The User is solely responsible for ensuring the technical compatibility between the selected computer hardware, mobile devices or terminal equipment as well as IT or telecommunications system and the Website and/or the App.

  3. The Website and/or the App and their related products, services, and content are provided “as is”, and may contain errors or inaccuracies. Not all products, services, and content might be equally satisfying for the Website and/or the App Users; therefore they should be carefully analyzed and compared to other similar products and services if necessary.

  4. The Service Provider shall not be liable for the consequences of using the Website and/or the App by the Customer in a manner contrary to the applicable law, the Terms and Conditions, or accepted principles of social coexistence or customs.

  5. The Service Provider reserves the right to suspend or terminate the availability of particular functions of the Website and/or the App for the purpose of maintaining, reviewing or upgrading the technical backend such as a database, provided that it does not violate the Customer's rights.

  6. The Service Provider shall not be liable for any third-party advertisements published on the Website and/or in the App. The User should take caution when responding to advertisements or when paying for an advertised product or service.

  7. The Service Provider shall not be liable for websites, apps, products, services, and links other than those specified in these Terms and Conditions. Please refer to the Terms and Conditions of other websites, mobile apps, products, and services on other websites, as they may differ from those herein.

  8. The information on the offer presented by the Service Provider does not constitute an offer within the meaning of the Civil Code, but only invites to learn more about the offer by contacting the Publisher.


12. These Terms and Conditions shall be interpreted in accordance with the Dutch law. The law applicable at the User's place of residence may differ from the Dutch law.



TERMS OF SALE


1. Terms:

  1. Customer - a natural or legal person making purchases at the Store.

  2. Payment Service Provider - the payment processing center which processes credit card and online transactions.

  3. User Account - data provided by the Website and/or the App User as part of the registration process, which is collected and processed with the User's consent by the information system for the purpose of providing the User with services made available on the Website and/or in the App by the Publisher.


2. General provisions

  1. The Website and/or the App allow the User to make purchases via the Website and/or the App installed on the User's terminal equipment.

  2. The content of these Terms of Sale is available on the Website and in the App.

  3. The product images displayed on the Store's webpages may differ in terms of color from the actual colors due to differences in manufacturing processes, or due to different configurations of the Customer's computer hardware. However, this does not affect the properties of the Products.


3. Creating an account

  1. Creating an account is necessary for placing orders and receiving access to additional features.

  2. For details on creating an account, see Section 4 of the Terms of Use.


4. Terms of purchase

  1. The following terms of purchase shall be applicable only to purchases made via the Website. For purchases made via the App, please refer to the terms and conditions of mobile applications providers, e.g. Google Play Store, Apple App Store.

  2. Making purchases is possible only after logging into the Customer's account.

  3. By placing an order, the Customer enters into a sale contract for the ordered products.

  4. Purchases can be made 24 hours a day, seven days a week.

  5. Payment shall be made at the time of purchase.

  6. The confirmation of the sale contract is an electronic message sent to the Customer's e-mail address.

  7. If the Customer places an order as a company, the Customer agrees to have an invoice issued without the need to obtain the Customer's signature.

  8. The prices displayed on the Website are quoted in US dollars (USD) or in your local currency, and where applicable include VAT and other taxes.

  9. If applicable, shipping costs are included in the product price unless stated otherwise. The products are shipped only to one place indicated by the Customer.

  10. The Website reserves the right to change the prices of offered goods, to remove products from sale, to introduce new products, to perform or cancel promotional actions or to introduce changes thereto. The abovementioned right does not affect the price of the goods ordered before the date prior to the changes in price, terms of promotional actions or sales to take effect, and does not infringe the acquired rights.

  11. Discounts cannot be combined with other promotions.

  12. The Customer may select the payment method when ordering.


5. Delivery time

  1. Estimated delivery time is specified in the product description on the Website and/or in the App.

  2. Order processing begins when payment is received from the Customer.

  3. Depending on the product and/or option selected, orders can be delivered by e-mail or mail.

  4. The shop shall not be liable for failure to deliver the order or delays in delivery caused by a faulty or inaccurate address given by the Customer.


6. About the Premium subscription

  1. Payment will be charged at the moment of purchase.

  2. The subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

  3. Your account will be charged for renewal within 24-hours prior to the end of the current period, at the price your paid at the initial purchase.

  4. Subscriptions may be managed and auto-renewal may be turned off by going to My Account after purchase.

  5. Any unused portion of a free trial period, if offered, will be forfeited when you purchase the subscription.


7. Cancellation policy

  1. The Customer may return the personalized product within 60 days of receiving the order. Due to the personalized nature of the product, the Customer may be asked to provide a reason for the withdrawal. Shipping costs of returning the product, if applicable, are borne by the Customer.

  2. We reserve the right to investigate every withdrawal from a contract individually and, due to the personalized nature of the product, to refuse to withdraw from the contract.

  3. Non-consumers and legal persons shall not in principle have the right to withdraw from the contract unless the parties have agreed otherwise.

  4. In the case of withdrawal from a distance contract, the contract is considered annulled. The services rendered by the parties shall be returned in an unchanged form unless the change was necessary within the limits of ordinary management. The refund will be made immediately, no later than 60 days of the date upon which the withdrawal declaration was received by the Website and/or the App.

  5. In the event of returning a physical product by the Customer, the product should be packaged in an appropriate manner ensuring that no damage to the consignment occurs during shipment.

  6. If the Customer has ordered a physical product, the claimed product must be returned to:
    First Class Media B.V.
    attn. “Message from Santa” customer service
    Bosscheweg 107
    5282 WV Boxtel
    The Netherlands

  7. Products which were delivered in a digital form do not need to be returned.

  8. The amount of refund resulting from the value of the products and the cost of their shipment to the Customer will occur within 14 days of the date upon which the Customer's withdrawal declaration was received. The refund will be made by using the same payment method as used by the Customer, unless the Customer agrees otherwise.


8. Complaints

  1. The Customer has the right to file a complaint in the event of a defect in the delivered product: manufacturing defects, mechanical damage resulting from transport, incompatibility of the goods delivered with the goods ordered.

  2. Complaints should be sent by e-mail to: support@messagefromsanta.com In order to improve the complaint processing, please use the e-mail given when ordering. It is necessary to describe the object of the complaint in the complaint form.

  3. Complaints are investigated within 14 days of the date upon which the complaint was received by e-mail. The response to a complaint is sent to the address given by the Customer or in any other way indicated by him/her.

  4. If the response to a complaint is not provided within 14 days of the date upon which the complaint was received, it shall be considered that the complaint has been admitted.

  5. Depending on the type of complaint, you may be asked to return the claimed product.

  6. Once the complaint is admitted, the product will be repaired or replaced, and if this is not possible (e.g. due to inventory depletion), a sum equivalent to the product's price will be refunded or another available product of Customer's choice will be offered.

  7. The costs related to the return of the claimed product, if any, will be refunded immediately after the complaint has been successfully processed, no later than within 14 days.

  8. For a non-consumer or a legal person, the regulations concerning statutory warranty for defects shall be applicable in accordance with the provisions of the Civil Code.

  9. The Customer's rights in reference to product non-compliance with the contract or statutory warranty for defects do not limit or exclude the rights arising from the guarantee, provided that it has been granted.


9. Final provisions:

  1. In matters not regulated herein, the provisions of the Dutch law shall be applicable. Products displayed on the Website and/or in the App do not constitute an offer within the meaning of the Civil Code and are merely an invitation to enter into a contract.

  2. Every Customer may use the extrajudicial means of handling complaints and redress. In this respect, it is possible for the Customer to use mediation. The list of mediators and mediation centers are made available by the respective Presidents of Regional Courts. The Customer is entitled to apply to the provincial inspector of the Trade Inspection for the initiation of mediation proceedings on the amicable settlement of the dispute between the Customer and the Store. Information on the rules and mode of mediation procedure conducted by the provincial inspector of Trade Inspection is available on the premises and on the websites of the respective Provincial Inspectorates of the Trade Inspection.

  3. The Customer may receive free assistance in settling the dispute by using the free assistance from the district (municipal) consumer rights adviser or a social organization whose statutory activities include consumer protection.

  4. In the first place, we strive to settle the disputes with the Customer in an amicable manner; if this form fails, the court competent for hearing disputes is the local court in accordance with the applicable regulations.

  5. In the event of a dispute between us and a non-consumer or a legal person, the local court of law is the court having jurisdiction over the Publisher's place of incorporation.

  6. We reserve the right to make changes in the Terms of Sale. Changes will apply 14 days after the day they are published on the Website and/or in the App.

  7. In the event we change the Terms of Sale, the changes will be visible on the Website and/or in the App for 14 days, and each registered Customer will be informed on the changes by receiving an e-mail sent to the address indicated by the Customer in the registration form.

  8. If the registered Customer does not accept the amended Terms of Sale, he/she shall be obligated to notify us within 14 days of the date upon which the notification on changes was received.

  9. In no way will the changes in the Terms of Sale infringe the acquired rights of the Customer who was both a consumer as well as the Website and/or the App User prior to the changes to take effect, and in particular amendments to the Terms of Sale will not affect the already placed orders, concluded or executed Contracts.