General Terms and Conditions – reloadhero.com
1. DefinitionsIn these general terms and conditions, the following terms shall have the following meanings:
1. “Company” – reloadhero.com services operated by Surfer Rosa Limited with registered office and place of business in 2nd Floor, 14 Athol Street, Douglas, Isle of Man, IM1 1JA and company number 019064V
2. “Customer” – the party that enters into an agreement with the Company, places an order with the Company or to whom the Company has submitted an offer to which these general terms and conditions apply.
3. “(Customer) Account” – Customer might be requested to open an Account on Relaodhero.com before any orders can be placed or purchases be made. To open an Account, Customer requires to follow the registration process and provide the indicated (mandatory) data, which includes personal data. Every Customer shall only open one Account on reloadhero.com.
4. “Products and Activities” – all activities or products for which an order has been placed by Customer or which are performed or delivered by the Company to Customer.
5. “Documents” – all items made available to the Company by the Customer, including: documents, information, materials or data carriers, as well as all items, including documents, produced by the Company in the context of the execution of the order.
6. “General terms and conditions” – the terms and conditions which all agreements between Customer and Company are based on.
7. “Agreement or Order” – any agreement between the Customer and the Company, in accordance with the provisions of the agreement and/or order confirmation.
8. “Parties” – Company and Customer together.
2. Applicability1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of reloadhero.com (Company).
2. Deviations from these general terms and conditions are only valid if both Parties expressly agreed upon it in writing. Any general terms and conditions or other terms and conditions of the Customer are not valid. The applicability thereof is expressly rejected by the Company.
3. If any provision of these general terms and conditions is null and void or annulled, the other provisions of these general terms and conditions shall remain in full force and the Company and the Customer shall consult with each other with a view to agreeing on new provisions to replace the provisions that are null and void or annulled, whereby the purpose and purport of the provision that is null and void or annulled, as the case may be, shall be considered to the extent reasonably possible. If the interpretation or content of one or more provisions of these general terms and conditions is unclear, they must be interpreted ‘in the spirit’ of these general terms and conditions. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
4. The Company is entitled to amend or supplement these general terms and conditions. Minor changes may be made at any time and without specific notification to the Customer. Major substantive changes shall be communicated to the Customer in advance by email, publication on our website or other electronic means with an advance notification of 4 weeks prior to the changes becoming effective.
5. The agreement is valid as soon as the Customer’s acceptance of the offer has reached the Company.
By accepting the offer, the Customer declares that they agree with the applicable statement of these general terms and conditions. Acceptance shall be triggered with Customer payment for the product(s) ordered.
3. Activities1. The Company sells digital products via the Internet: such as, but not limited to, codes to top up credit in, for example, Google Play, Spotify or iTunes, Netflix, prepaid vouchers etc. After payment, the Customer immediately receives a code or other unique element that can be redeemed with the respective service. The delivery of the ordered product to the Customer can be done in various ways, depending on the product, the purchase channel or other parameters. Most purchased products will be delivered to the Customer by Email, to their reloadhero.com Customer Account directly to an account held with a third party that operates the service for which the Customer has purchased the code for.
2. At times certain products can be out of stock or generally unavailable. The Company is under no obligation to always carry stock of all products and codes it advertises or promotes, However, the Company will always make best efforts to keep adequate stock-levels to avoid out of stock situations.
3. The Company maintains the general right to change, amend, extend or restrict the product range available in general, on a Customer basis or any other logic it considers reasonable and adequate.
4. Discounts and offers1. The Company may advertise and make available discounts and offers, in which case the period of validity shall always be stated. This may include so-called ‘discount codes’ (paid or unpaid). These discount codes are specifically valid for a period of one year; if they are not used within the specified period, the redeemability and validity of the code lapses. However, the Company is under no obligation to offer any discounts or offers to all Customers.
5. Agreement1. The Agreement becomes effective after payment by the Customer.
2. The Agreement is entered into anytime anew when Customer makes a payment.
3. If a term has been agreed or specified for the execution of certain services or for the delivery of certain products (ie. the delivery of a product code by email to the Customer), this is never a strict, but rather indicative deadline. If a term is exceeded or expired, the Customer must give the Company written notice of default. The Company must be given a reasonable period in which to still execute the Agreement and its obligations under it.
6. Confirmation and acceptance of the order1. The Agreement between the Parties is concluded as soon as the customer has ordered products via reloadhero.com and has paid the Company (in advance) for such orders in full. The delivery of the order always follows AFTER payment has been made by the Customer.
2. The Company reserves the right, without giving reasons, to reject entering into an Agreement. Practically this means that the order or the payment has not been accepted by the Company.
3. Any notice given under or pursuant to the Agreement will be made available in writing by email to the other party at the address stated on the order.
4. The Company is not bound to verbal agreements if these have not been confirmed by the Company in writing.
7. Modification of the order and/or Agreement1. If, during the execution of the Agreement, it appears that it is necessary to amend or supplement the agreement, the Parties will proceed to amend the Agreement in good time and in mutual consultation and good faith.
2. Without being in default, the Company may refuse a request for amendment, supplementation or withdrawal of the standing Agreement, if this could have consequences in qualitative and/or quantitative terms, for example for the products to be delivered in that context.
8. Reflection period and right of withdrawal1. An already placed and paid-for order cannot be cancelled. The reflection period and revocation period of 14 days is not applicable in view of the digital nature of the products to be delivered. Thus, there is no reflection period and revocation period. Further information is available in our refund policy on our website. The Customer therefore agrees to a direct delivery of the product after payment and explicitly renounces the reflection period and the right of revocation. A paid-for and delivered product can not be returned. A paid-for product that has not been delivered for any reason the Company is reasonably liable for, can be refunded, following the Company’s non-delivery mitigation procedure via the Customer Support Team. Any such refund is on a voluntary basis and the Company is under no general obligation to refund the Customer. The Company might charge in certain cases a reasonable refund fee to the Customer or deduct such fee from the refund amount, if the refund request is at least partly based on circumstances and reasons outside the Company’s control or liability.
2. The reason for deviating from the right of withdrawal is that a product cannot be returned because it cannot be ascertained whether the product has already been used. After all, it concerns digital products of which the seal is broken immediately after delivery. The nature of digital products makes any reflection period and the right of withdrawal impossible, except in case of delayed payment. In that case, the code has not yet been sent by the Customer nor received by the Company and the product could still be revoked. For this, it is the Customer who bears the burden of proof.
9. Delivery of orders1. Under no circumstances will the Company be liable for any delay in the delivery of products, except in the event of intent or gross negligence. Company guarantees to deliver a working product code, in the absence of which a new code will be delivered (free of charge). Evidence for the malfunctioning of the code lies with the Customer. Delivery of a product or code is conducted either via Email, drop into the
Account or drop into a Third Party Account for certain product categories. There are instances that require certain code or products to be delivered in an “inactive” state. If a Customer receives a code or product that is “Inactive”, it is clearly labelled as such and instructions are given as part of the delivery on how to activate the code or product. The activation of the product might require certain information to be provided or consent given by the Customer. The activation process for “inactive” codes or products is free of charge. The main reason for some pf the codes or product being delivered as “inactive” are security considerations to protect the Customer and the order.
10. Customer Account & Customer verification1. The Customer requires to create a Customer Account by going through the sign-up/registration process on Relaodhero.com and provide all mandatory-marked information. You must not create more than one Account for your own use.
2. The Customer Account is personal and shall not be transferred to or shared with any other person. In the event that another person accesses your Account due to you having provided or made available, intentionally or inadvertently any of your Account details, passwords or any other information to a third party, you are liable for any occurrence during this access. Customer shall compensate Company for all and any losses, damages, costs and expenses it may suffer as a result of any failure by the Customer to keep the Customer Account details and passwords confidential.
3. Customer shall use their Account in accordance with these General Terms, and you shall always maintain the confidentiality of your user name and password and any other credentials.
4. Customer shall immediately notify Reloadhero via email at firstname.lastname@example.org if they are aware of, or have any suspicion of, unauthorized use of their Customer Account or any fraudulent activity or breach of security, including unauthorized use of their debit or credit card respectively other personal payment instrument.
5. The Customer Account is used for placing and paying for an order as well as, for certain product types, receiving the order within a dedicated area in the Customer Account.
6. At instances, Customers can consent during registration process to open an additional account with a third party for the order to be delivered to. Any third-party account is governed by its own terms and conditions. If a Customer is given the option to open an additional account with a third-party provider for the delivery (and possibly automated activation) of the order and the products, then the Customer will have to consent to such opening process by accepting the third-party’s terms and conditions and consenting to a transfer of their personal data as required by the third-party. Please note, reloadhero.com will never transfer any personal data without the express and active consent by the Customer.
7. Company only supplies the Product for domestic and private use.
11. Payment and collection costs1. Unless explicitly agreed otherwise, payment can be made by any of the payment methods offered on reloadhero.com. The Company remains the right to restrict or remove payment options on a Customer-, order- or other basis that the Company sees adequate. A Customer has no explicit right to use one specific payment option at all times.
2. Every payment can be detained if there is a suspicion of a financial risk. If no claim is made by the buyer within 30 days, this transaction will be considered to be overdue. A claim on the transaction can be made from the buyer via email@example.com.
3. If payment is not made within the set term of payment, or if the collection is cancelled without valid reason and not paid within 7 days, the customer will be in default by operation of law and will owe statutory interest on the outstanding payment, without any reminder or notice of default being required, without prejudice to the right of the Company to demand immediate payment of the amount due together with interest and the costs of extrajudicial or judicial collection.
4. In practical terms this means the Company reserves all its rights to pass overdue, unpaid or unauthorized reversal of payments to a collection service. Such collection service might act on behalf of reloadhero.com or enter into and assume the overdue claim under their own name and terms.
12. Complaints procedure1. Complaints about the work or services performed by the Company must be made known to the Company, stating the reasons, within 7 days after the complaint arose, or within 7 days after delivery of the products, via the email address firstname.lastname@example.org, whereby an attempt will be made to give
a response within 48 hours (on working days). After expiry of the aforementioned complaints-period, the customer will be deemed to have accepted the work performed.
2. If a complaint is well-founded, the Company has the option to remedy the defect. If this is not possible, the Company must change the amount paid in proportion to the complaint. The Company employs a strict “fair treatment and transparency” policy and employs highest standards to address and resolve complaints in a timely and balanced way.
13. Confidentiality1. The Company is obliged to keep any information concerning the Customer confidential, unless required by a competent authority to share such information for a valid reason.
14. Force majeure1. The Company is not obliged to fulfil any obligation towards the Customer if it is hindered to do so as a result of a circumstance that cannot be attributed to any fault, and for which it is not responsible by virtue of the law, a legal act or generally accepted practice.
2. In these general terms and conditions, force majeure is understood to mean, in addition to what is understood in this respect by law and jurisprudence, all external causes, foreseen or unforeseen, over which the Company has no influence, but as a result of which the Company is unable to fulfil its obligations (e.g. internet failures, interruptions in the payment service, etc.).
3. In the event of force majeure, the customer shall immediately notify the Company in writing, stating the cause of the force majeure. 4. The Company has the right to invoke force majeure if the circumstances that prevent (further) performance of the agreement occur after the Company should have performed its obligation. 5. The Company has the right to suspend its obligations under the Agreement during the period that the force majeure lasts.
6. Following notification of force majeure on the part of the Company, the Customer has the right to cancel the order in writing.
15. Liability1. The Company’s liability shall be limited to the damage that can be regarded as an immediate, direct and obvious consequence of the fulfilment or faulty fulfilment of the order and the liability will be limited to the amount relating to the invoice/payment amount of the order (and specifically the products and amounts of the order that are found faulty) or the period of the order amount to which the damage relates.
2. Company is never liable for indirect damage. Indirect damage is understood to mean: consequential damage; loss of profit; missed savings; damage due to business or other types of stagnation.
3. Company shall never be liable for damage as a result of failure to perform work carried out by third Parties or goods delivered by third Parties. 4. The limitations of liability contained in these terms and conditions do not apply if the damage is due to intent or gross negligence on the part of the Company and/or its subordinates.
5. The Company is never liable if the Customer’s website goes offline for any reason whatsoever or if something happens to the website that causes damage to the Customer.