Terms & Conditions
Effective 26/07/2024.
What follows sets forth the Terms and Conditions ("Terms") governing the use of the Amfibon platform ("Amfibon"). Before the user ("User") is granted access to Amfibon, these Terms and Conditions must first be read and accepted. In this way the User undertakes to respect the predefined rules. In addition, the User must also have read the Privacy Policy. It describes how your data are collected, used and processed. Your personal data are protected in accordance with the General Data Protection Regulation ("GDPR") of the European Union. The User declares to be sixteen years of age or older when using Amfibon. The use of Amfibon is currently limited to Belgium.
The company Puidenbroek BV ("Puidenbroek"), located at Paddenbroekstraat 3, 1755 Gooik, Belgium, and registered with the Crossroads Bank for Enterprises with enterprise number BE0803.536.518, is the operator of Amfibon. These Terms are prepared by Puidenbroek, which reserves the right to make modifications and additions to the Terms. The User must always agree to the changes made before using Amfibon. The Terms constitute a legally binding agreement between the User and Puidenbroek.
Only Belgian law shall apply to the Terms. In case of disputes, they shall be brought before the competent court of Brussels.
TERMINOLOGY
This section of the Terms explains the specific terminology used to avoid ambiguity. The terms below are capitalized in the remainder of the Terms and Conditions to refer to the definitions set forth herein.
Article - The goods that can be purchased and sold by Users on Amfibon. These are further specified in the Article Overview.
Article Overview - The overview where the Articles that can be offered on Amfibon are specified.
Article Value - The value of the Article during the Validity Period. This corresponds to the credit, discount, or benefit the Article brings when used.
Base Price - The amount the Seller charges and, if a Transaction actually occurs, also receives in exchange for the Article.
Code - The sequence to be completed, usually online, that can activate the use of the Article.
User - Any person who is registered on Amfibon after accepting the Terms. Registration implies that the person has created an account on the platform.
Validity Period - The period of time during which the Article Value is active.
Buyer - A User who purchases an Article on Amfibon.
Service Fee - The fee charged by Puidenbroek to the User on a Transaction.
Transaction - The agreement whereby the Seller exchanges an Article under its control with the Buyer in exchange for a monetary transfer. This constitutes a binding purchase agreement between the Buyer and the Seller.
Publisher - The entity that publishes the Article. In most cases, the Publisher will coincide with the Store.
Payout Period - The period used to transfer funds to the Seller's account number.
Selling Price - The total price paid by the Buyer in a Transaction. This is the sum of the Base Price and the Service Fee.
Seller - A User who offers/publishes an Article on Amfibon.
Terms - The legally binding agreement between the User and Puidenbroek that apply as the Terms and Conditions for use of Amfibon.
Store - The entity where the Article can be used. It may allow the Article to be used online or in a physical establishment.
ARTICLE OVERVIEW
Coupon - An Article that entitles the owner to a discount, subject to meeting the conditions for obtaining the discount. This discount can take different forms. Most Coupons reduce to a discount of a percentage nature or a fixed amount. Coupons that entitle the owner to a free Article can be reduced to a discount of 100%.
Stamp Card - An Article whereby points can be accumulated through loyalty to a Publisher. These points can then be exchanged for a promotion issued by the Publisher. The resulting benefit for the owner of the Article can in most cases be categorized as a Coupon.
Voucher - An Article in which the owner receives a credit for future spending on a particular good or service. In essence, this is a specific example of a Coupon where the discount is obtained through a set amount.
An Article must be able to be placed within one or more of the categories listed above: Coupon, Stamp Card, or Voucher. The validity period for the use of the Article must be carefully checked by the Seller so that only an Article that has not yet expired is published. In addition, the Seller must carefully check that all conditions imposed by the Publisher can be met once the Buyer becomes the owner. Furthermore, all information about the Article must be clearly communicated. If there is ambiguity, publishing on Amfibon is strongly discouraged. It is crucial that the Selling Price, the Publisher, the Store (if different from the Publisher), the Article Value, the Validity Period, and any other additional conditions of the Publisher for the Article can be clearly stated. If the Publisher explicitly states that an Article is not negotiable, then it may also not be published on Amfibon. If in doubt, the User may contact the Publisher for verification.
To ensure the security and integrity of Amfibon, Articles within certain categories are strictly prohibited from publishing or trading on the platform. These include, but are not limited to: tickets for events, illegal goods, dangerous materials and products, goods that violate intellectual property rights, obscene or offensive materials, unfounded or fraudulent medical claims. Puidenbroek reserves the right to ban or remove publications that are contrary to the spirit and purpose of Amfibon.
The nature of the Article determines the need for physical delivery between Seller and Buyer in a Transaction. The sending process for Articles is described in detail later in these Terms. The Store will usually explicitly state that the Article must be in the physical possession of the owner when used to obtain the desired discounts. An Article in the capacity of a Stamp Card has the characteristic that physical transfer is common.
SERVICE DESCRIPTION
Puidenbroek makes Amfibon available to Users to facilitate the Transactions of Articles and related payments. In this way, Amfibon acts as a marketplace between Buyers and Sellers. This service is offered for a fee which counts as the Service Fee payable by the User to Puidenbroek at the conclusion of a Transaction. These Service Fees applicable to a Transaction will be communicated with the User before any payment is made. The details of the Service Fee (including VAT paid on the service) can be unilaterally changed by Puidenbroek:
- a fixed cost of € 2,25
- 5% of the Base Price of the Article
In a Transaction, Puidenbroek does not count as a party to the contract concluded between the Buyer and the Seller. However, Puidenbroek will at all times strive, where it is in its power, to bring the Transaction to completion in order to optimize the user experience of both Users. The Articles offered on Amfibon are not bought or sold by Puidenbroek. In addition, Puidenbroek does not at any time own the Articles on Amfibon.
USER CODE OF CONDUCT
In order to maintain a safe, fair, and respectful environment within Amfibon, it is indispensable that Users behave in a respectable manner. Therefore, Users represent and warrant that they will not use Amfibon for illegal, fraudulent, or deceptive purposes.
Without attempting to provide an exhaustive list, the following cases are highlighted. Misconduct, harassment, defamation, threats, discrimination, or any other inappropriate behavior will not be permitted when using Amfibon. Using Amfibon to infringe on the rights of others is prohibited. This includes intellectual property rights where copyrighted material may not be used, copied, or distributed without the permission of the rights holder. In addition, Users respect the security and privacy of other Users. It is unauthorized to attempt to gain unauthorized access to Amfibon or to other Users' accounts. Under no circumstances may Users distribute malicious software, viruses, or other harmful elements through Amfibon.
At all times, Users shall be honest and accurate in their communications and actions within the Amfibon environment. This includes providing truthful information when registering an account on Amfibon, when publishing an Article as a Seller, and in any transfer of information associated with a Transaction. Moreover, Users are fully responsible for the activities that take place under their account. Sharing the password related to the account is therefore strongly discouraged.
First and foremost, Sellers must always check thoroughly whether an Article may be published on Amfibon. The Article Overview serves here as a demarcation for publications. Once the Seller can proceed to the concrete presentation of the Article on Amfibon, the following elements must be stated clearly and truthfully: Selling Price, the Publisher, the Store (if different from the Publisher), the Article Value, the correct Code (if online use is possible), the Validity Period, and any other additional conditions of the Publisher for the Article. In addition, Sellers must include a clear photo when publishing the Article on Amfibon. Substandard photo quality may result in the Article not being able to be used by the Buyer. Consequently, the Transaction will be interrupted, preventing both parties from achieving the desired outcome. If an Article needs to be physically transferred from Seller to Buyer, Seller is responsible for sending the Article.
Users are assumed to handle Amfibon responsibly and knowingly. If it is noticed that a particular publication on the platform would not conform to the prescribed guidelines, Puidenbroek expects Users to report it through the provided means. This attentiveness helps build the safe, fair, and respectful environment that Puidenbroek strives for within Amfibon. The responsibility for reporting a problem with a purchased Article also lies with the Buyer. If the Buyer finds that the Article cannot be used properly, the Buyer has the obligation to report this through the appropriate means. The Buyer clearly indicates when and in which Store the attempt to use the Article took place. If the problem occurs in a physical location of the Store, the Buyer must indicate the specific location. This will allow Puidenbroek to analyze how it can provide support to the Buyer, and if possible, take the necessary steps. If the time period between the purchase of the Article and its attempted use is less than the Payout Period, Puidenbroek may proceed with any interruption of the Transaction. Consequently, the funds will not pass from the Buyer to the Seller. Puidenbroek will monitor the reported publications so that appropriate actions can take place if possible. Users may also contact the Publisher of an Article before proceeding with its purchase or publication on Amfibon. In this way, the User's desired action is verified at the source.
The Buyer is aware that the Store must verify that the purchased Article can be used by the Buyer. During this verification, the Article may be declared as invalid. In case of a justified invalidation, the Buyer must report the problem in the provided manner, if the cause of the invalidation was still unknown at the time of purchase. If a Store or Publisher would wrongfully claim that an Article cannot be used by the Buyer, the Buyer tries to clarify in a respectful manner that the requirements for the Article have been fulfilled. In the event that this still does not help the situation, the Buyer can communicate the problem so that Puidenbroek can assist the Buyer to the extent possible.
Violation of the Code of Conduct may result in immediate suspension or termination of the User's account and may have legal consequences. Therefore, it is critical that Users are aware of and consistently adhere to the appropriate form of conduct in order to maintain the integrity of Amfibon. In this way, efforts can be made to ensure a positive experience for all Users.
PAYMENT SYSTEM
The currency for all transactions is EUR. Stripe provides the payment processing service used in a Transaction on Amfibon to transfer funds between Users. Service Fees due are already deducted. Stripe's provided services are subject to Stripe's Terms and Conditions. If the User agrees to Amfibon's Terms, then Stripe's terms are also accepted. Stripe reserves the right to make changes to these terms. An adequate payment processing service facilitates the completion of a Transaction between Users. Providing complete and accurate information is therefore an obligation of the User towards Puidenbroek, so that this information can be correctly delivered to Stripe.
Puidenbroek strives to operate an efficient and transparent payout system for Sellers on Amfibon. The Payout Period is set at 7 days after the Transaction is established between the Seller and the Buyer, and the Seller's balance exceeds the mimum payout amount of 1 EUR. Any issues can thus be addressed before the final transfer of funds to the Seller's account. Puidenbroek will use the Payout Period to investigate and resolve any potential disputes, complaints, or problems. This helps maintain the integrity of Amfibon and reinforces trust between Users in the buying and selling process. During the Payout Period, Puidenbroek can provide Users with the best support to protect their interests. Puidenbroek reserves the right to adjust the Payout Period or make exceptions based on specific circumstances. This is consistent with the goal of making Amfibon as a trading environment as reliable and as secure as possible.
SENDING PROCESS FOR ARTICLES
Certain Articles, as listed in the Article Overview, must be sent from Seller to Buyer in order for Buyer to use the Article. The sending process is a guideline that Puidenbroek issues in order for the Transaction to be facilitated between the Seller and the Buyer. If the Users wish to deviate from these guidelines, there are no consequences for either party. However, Puidenbroek does encourage Users to follow the guidelines to avoid disputes.
The Seller must transfer the Article in question to the Buyer by means of a delivery service. Before initializing the sending process, it is recommended to carefully read and accept the terms of the selected delivery service. Due to the nature of the Articles, in the majority of cases, an envelope will suffice to transfer the Article from the Seller to the Buyer.
The Buyer specifies the desired delivery address through the designated function during the completion of the Transaction. Following payment, the Seller will receive a notification and find the Buyer's address on the detail page of the sold Article. The Seller must use the Buyer's details in the manner instructed by the delivery service. Sending costs will be borne by the Seller.
The Seller has 3 business days to send the Article to the Buyer. If the Seller has trouble sending the Article on time, they can contact Puidenbroek at transfer@amfibon.com. Delivery times vary from 2 to 5 business days depending on the delivery service chosen. Therefore, a an Article that needs to be used in a Store must have a Validity Period where the end date is at least 10 business days later than the day the Article is published on Amfibon. It is the Seller's responsibility to communicate this correctly to potential Buyers on the platform. The conditions of the Article will also state that the Buyer must take into account these additional 10 working days before the Article can possibly be used. The Buyer is responsible for checking the conditions before purchasing the Article.
THIRD PARTY TERMS AND CONDITIONS
Amfibon may integrate with third-party services and platforms to offer additional features. Use of such integrated services may be subject to the terms and policies of such third party. It is the User's responsibility to review and accept these terms before using Amfibon and its additional services. However, Puidenbroek is not responsible for the content, functionality, or availability of the services offered by the third party. Problems or disputes arising from the use of those services is solely within the interaction between the User and the third party. It is therefore essential to be aware of any modifications to the terms of third parties before using Amfibon. By using Amfibon, the User agrees to the changes made by third parties to its terms and the User accepts responsibility for complying with any rules that apply from that time.
When registering on Amfibon, the User can log in through a created account on Google, Facebook, or Apple. Consequently, the User agrees to the Terms and policies of the chosen login partner. For a Transaction, Amfibon uses the payment processing service offered by Stripe. Before completing a Transaction, the User must first accept Stripe's terms and policies.
LIABILITY
Puidenbroek makes every effort to provide a secure, reliable, and functional platform. However, it is not liable for any loss, damage, costs, or claims arising from the use of Amfibon. In addition, Puidenbroek makes no warranties or representations as to the accuracy, reliability, or suitability of the content published on Amfibon. In addition, Puidenbroek is not liable for delays, interruptions, failures, or damages resulting from acts of God.
The Seller is responsible for sending the Article to the Buyer's specified address when it needs to be used in a Store. If the Article does not arrive at the desired address due to force majeure, the Seller must contact the delivery service. The Seller then informs Puidenbroek of the situation by submitting communication with the delivery service for ratification.
Users are solely responsible for their actions within the Amfibon environment. Although Puidenbroek is committed to providing a high-quality service, unforeseen events may occur that result in loss or damage when using the platform. However, Puidenbroek cannot be held liable for any consequences resulting from the use of Amfibon. Users agree to these liability provisions and accept the risks associated with the use of Amfibon.
OBLIGATIONS AND RIGHTS AMFIBON
Operation of Amfibon may be suspended or terminated by Puidenbroek at any time. The support of ongoing transactions cannot be guaranteed from the moment Users were informed of a suspension or termination. Under no circumstances can a User be entitled to compensation from Puidenbroek because of abrupt and unannounced termination or suspension of Amfibon.
The Article Overview may be modified by Puidenbroek at any time, which may result in a limitation or expansion of the Overview. A modification of this nature will not affect the already supplied publications of Sellers, except for a strictly necessary curtailment resulting from a legally imposed measure by a competent authority. In case of the latter, Sellers will be explicitly informed that Articles not complying with the restriction must be removed from Amfibon. If the Seller does not comply with this notification, Puidenbroek may itself remove publications from the platform in order to prevent transactions that do not comply with the Terms.
Puidenbroek reserves the right to block accounts of Users. This action is in line with the goal of providing Users with a pleasant and safe platform. The blocking of an account can be either temporary or permanent, depending on the infringement committed by the User. Puidenbroek will always look at the circumstances of each User to take appropriate action. In addition, blocking may take effect immediately or with prior notice to the User. The degree to which the misconduct unfolds is the basis for the blocking rate. If Puidenbroek deems that the general safety of the User or of Amfibon cannot be guaranteed, prompt action should be taken, forcing Puidenbroek to invoke an immediate blocking of the User's account.
DISPUTES
In the event of disputes between Users, the parties involved contact Puidenbroek in a respectful way via complaints@amfibon.com, after which Puidenbroek endeavors find a mutually acceptable agreement. However, Puidenbroek is not an involved party at any time. In some cases, Puidenbroek may offer mediation to resolve disputes between Users.
If disputes cannot be resolved through internal dispute resolution or mediation, all parties reserve the right to take legal action according to applicable laws and jurisdictions. In cases of force majeure or extraordinary circumstances affecting dispute resolution, Puidenbroek may consider exceptions to normal procedures. Such exceptions will be assessed based on the specific circumstances of the dispute. In any event, Puidenbroek strives to handle disputes in a fair and respectful manner.
COMMUNICATION
Puidenbroek may communicate with Users via email, push notifications, or other communication channels available. Such communications may include important information regarding the User's account, Transactions, policy updates, and other related topics. It is the User's responsibility to regularly read and review these communications.
Users are encouraged to maintain respectful communications around Amfibon. For questions or comments regarding these Terms, please contact Puidenbroek at the email address info@amfibon.com. In case Users wish to report a problem related to a publication or purchase on Amfibon, the provided button can be used on the relevant pages. In this way, the publication or purchase will be reported allowing the necessary verification steps to be taken by Puidenbroek.
If the Seller received a notification indicating an Article that needs to be sent to the Seller was sold, but does not find a valid address, the Seller can contact transfer@amfibon.com to continue the sending process. Users are encouraged to share constructive suggestions and feedback with Puidenbroek via the email address feedback@amfibon.com. These may contribute to the user experience, safety, and quality on Amfibon. Puidenbroek will make all reasonable efforts to handle questions, comments, or problem reports in a fair and timely manner.