GENERAL TERMS AND CONDITIONS
BOON & BLISS B.V.
Publication date: 25 November 2020
Through the use of our services, you agree to the General Terms and Conditions.
“Boon & Bliss”, also referred to as “we”, stands for Boon & Bliss B.V., registered at CoC 78196639, with its statutory address Sigrid Undsetlaan 42, 2553 DK, The Hague, The Netherlands.
“Boon & Bliss Gift” is a digital gift with monetary value, that is produced by the Boon & Bliss mobile Application (“App”) as a result of an electronic money transfer by the Purchaser(s) with the objective to fulfil a dream or support a goal for the Recipient.
“Purchaser” the natural or legal person who uses the Boon & Bliss App and the services provided therein with the objective to purchase a Boon & Bliss Gift.
“Recipient” is the natural or legal person who digitally receives the Boon & Bliss Gift which can be redeemed through the Boon & Bliss App.
2. Boon & Bliss Services
Boon & Bliss Gifts are available through the Boon & Bliss App, available in the Google Play Store (for Android) and in the App Store (for Apple devices). Our App enables giving money electronically as a gift to fulfil a dream or support a goal, with a personalized digital unwrapping experience and an engaging feedback loop to stimulate social sharing.
Boon & Bliss is a Service Platform, we are not a payment processor and we do not manage funds. We use the services of Intersolve Payments b.v., a licensed E-money institution supervised by the Dutch Central Bank and the Financial Markets Authority, to processes Boon & Bliss Gifts, all associated financial transactions and to manage the funds in a separately established foundation. To the Recipients of Boon & Bliss Gifts, the Terms & Conditions for E-Wallet Holders apply. For more information, please visit: https://intersolve.eu/boonandbliss/.
3. Prohibited use
We encourage users to utilize the App as intended in Article 2. The use of Boon & Bliss for money laundering or for the trade or exchange of any illegal products/services, for drugs or weapons, for any products/services that promote hate, violence, terrorism, harassment or abuse, for gambling services or any adult entertainment products/services is strictly prohibited.
Boon & Bliss b.v. beholds the right to cancel any suspect transactions, to remove all personal accounts associated with such transactions, and to give notice to the appropriate authorities about the suspicion of prohibited use, disclosing all related information.
The value of the Boon & Bliss Gift is defined by the Purchaser in the range between EUR 5,00 and EUR 150,00. All transactions are converted to EUR currency: all Gifts are created, held and payable in EUR. Upon purchase, the value of the Boon & Bliss Gift is held in reservation for the Recipient to redeem it, which is confirmed to the Purchaser by email and in the App inbox. The Gift is also visible in the overview of “Dreams you have contributed to”.
We strive for a smooth user experience, but to secure your financial transactions and comply with legislation, an additional identification step will be required when:
This additional identification step will be required only once for each user.
5. Fees for Services
To cover for our administrative, processing and transaction costs, we charge a 2% Service fee on every gift. The Recipient will be charged for the Service Fee upon cash out.
The Service fee is deducted from the Gift value that is transferred to the Recipient.
The Purchaser can personalize the gift by means of a video, an image or/and a text message attached to the gift. By uploading video or image material, the Purchaser confirms to be entitled to distribute and reproduce the content and grants the right to Boon & Bliss to use the image material for the production and distribution of the gift. Due to the automated process of the fabrication of such messages, no manual testing or correction of the Image Material and/or text message shall take place by Boon & Bliss.
The content provided by the Purchaser will be made available by Boon & Bliss until 12 months after receipt. After this period, personalized content may be (partially) removed by Boon & Bliss to reduce storage space.
The Purchaser is solely responsible for the submitted content used for the configuration of the Boon & Bliss Gift. Unlawful content, content that violates regulations or content that is likely to insult, defame, harass or otherwise harm other individuals, is not admissible. Boon & Bliss is entitled, but not obligated, to review the content provided by the Purchaser. In case of violations, Boon & Bliss reserves the right to delete the content and/or decline the disbursement of the credit of the gift without prior notice..
The Purchaser agrees not to upload, forward, send or otherwise transmit content containing software viruses or other computer codes, files or programs that are able to interrupt, destroy or restrain the functionality of computer software or hardware or telecommunication devices. The Purchaser indemnifies and holds Boon & Bliss harmless from any third party claim or damage incurred as a consequence of the Boon & Bliss gift being issued with damaging content.
Recipients of Boon & Bliss Gifts receive notice of their gifts as a digital link via e-mail, Facebook Messenger, WhatsApp, or directly intra-App. To receive the gift, the Receiver downloads the App, creates an account and opens the link in the App. The gift contains the following attributes: the Purchaser account name, the Gift value, a dream (or a goal) that the Gift is intended to contribute to, a personalized message from the Purchaser (as specified in Article 6), and a digital unwrapping theme (if selected by a Purchaser).
9. Rejecting a Gift
After the Recipient opens the Gift and views the gift attributes, the Recipient has the option to accept or to reject the Gift. If the Recipient chooses to reject a Gift, the Gift value will be reimbursed to the Purchaser(s) account(s).
10. Redeeming a Gift
The Purchaser of the Gift specifies the dream (or goal) for which the Gift value is intended. The Recipient is free to use the Gift at his or her own discretion. The Recipient can transfer the total Gift value in EUR currency at once to the bank account specified by the recipient. The Recipient is encouraged but not obliged to share with the Purchaser how the Gift value was used after redemption.
11. Expiration date
Boon & Bliss Gifts have no expiry date and the gift value remains valid indefinitely. No service or dormancy fees will be charged to the Purchaser or Receiver, except those mentioned in Article 5.
12. Erroneous acts
Boon & Bliss is not responsible for the unauthorized use of Boon & Bliss Gifts caused solely by the erroneous act or omission of Purchaser or Recipient, including but not limited to erroneous entry of email address, WhatsApp number, Facebook account, Boon & Bliss user account or IBAN number entry. Should such erroneous acts occur, Purchaser or Recipient will contact Boon & Bliss via email (firstname.lastname@example.org) immediately and Boon & Bliss will make all reasonable efforts to minimize the consequences.
13. Refund policy
Boon& Bliss Gifts are refundable to the Purchaser solely in case the gift is rejected by a Recipient as specified in Article 9.
Boon & Bliss reserves the right to change the General Terms and Conditions to reflect changes in the law, to meet regulatory requirements, or to reflect changes in the services. Users will be notified of such changes intra-App, a recent copy of the General Terms and Conditions is always available in the App and on our website (www.boonandbliss.com).
16. Choice of law and jurisdiction
Except where prohibited and without limitation to any statutory rights for consumers, any dispute between you and Boon & Bliss shall be governed in all respects under Dutch law. All disputes, claims and legal proceedings directly or indirectly arising out of or relating to the purchase or use of the Boon & Bliss Gift shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of the Netherlands.
We encourage you to refer to the Online Dispute Resolution website from the European Union (http://ec.europa.eu/odr/), to support consumers and traders to resolve disputes out-of-court.
Boon & Bliss B.V.
Sigrid Undsetlaan 42
2553 DK The Hague
CoC no.: 78196639