Terms and Conditions Consumer

Introduction

In this introduction you can read more about the services of Piggy Loyalty B.V. (Piggy, we, our, us). These Terms and Conditions apply when you use our services, including the Piggy loyalty card and app, the gift cards and the strip cards. These Terms and Conditions are available in languages other than Dutch. However, the Dutch version will govern our relationship. The translated version is provided for convenience only and will not be interpreted to modify the Dutch version.or Piggy, de Piggy Deals webshop (deals.piggy.nl), en De Cadeaukaartenwinkel (decadeaukaartenwinkel.nl).

If, at the time the contract is concluded, your habitual residence is in Germany (“German User(s)”), the Special Terms for German Users in Article 14 below apply and prevail over all other Terms and Conditions. The Terms and Conditions in Article 1 through 13 will apply to German Users only to the extent not otherwise provided in Article 14.

Who is Piggy?

Piggy facilitates the largest savings program in the Netherlands. We offer consumers the opportunity to save points at various affiliated locations and make use of the promotions that these locations offer their loyal customers.

We also facilitate gift cards,strip cards and Piggy Deals for the affiliated locations. These are offered by the locations under their own terms and conditions.

When do these Terms of Conditions apply?

These Terms of Conditions apply to consumers who use one or more of the services offered by Piggy. These Terms of Conditions apply from the moment you use one of our services.

We note that we act as facilitators only regarding the savings program, the gift cards and the strip cards. The participating location organizes the savings program and determines the rules for this. The participating location may also impose conditions on the use of the gift cards and strip cards. We recommend that you consult these conditions before using these services.

How are your personal data protected?

More information about the way in which we process personal data can be found in our Privacy Policy [https://piggy.eu/privacy-policy].

For questions about these Terms of Conditions, please contact us at [+31857737177] [support@piggy.nl].

Article 1 Definitions and Interpretation

1.1 In these Terms of Contions, the following terms are defined as follows:

Account: the personal environment on the Platform that is created and managed by the User. One or more Piggy Cards can be linked to the Account, which the User can scan or have scanned in order to participate in the Savings Programs.

Gift Card: a card (on an electronic medium or in paper form) with a unique (QR) code with which the User can purchase goods and / or services in accordance with the conditions of the Piggy Location that issues the Gift Card.

De Cadeaukaartenwinkel: Online platform used for offering digital gift cards, see https://www.decadeaukaartenwinkel.nl.

Service(s): all services offered by Piggy, including but not limited to the Piggy Savings Program, Piggy Cards, the Piggy website (piggy.nl, piggy.eu, piggy.de etc.), Piggy App and other apps of Piggy, Account(s), Gift Cards and Strip Cards facilitated by Piggy, the Piggy Deals webshop (deals.piggy.nl), and

User(s): the consumer who uses one or more Services.

Terms of Conditions: these Piggy Terms of Conditions that apply to the Services.

IP rights: all rights of intellectual property and related rights, anywhere in the world, including patent rights, copyrights, neighboring rights, trademark rights, design rights, database rights, single-line performances and rights to know-how.

Seller: third party that offers external rewards on the Platform for Users.

Piggy: Piggy Loyalty B.V., located at Bisonspoor 3002-B901, 3605 LT in Maarssen. Piggy Loyalty B.V. is the website provider and service provider.

Piggy App: Piggy's mobile application with which the User has access to the Account and can use the Savings Programs.

Piggy Deals: Services and/or products of Seller(s) offered on the Platform, by which User can claim external rewards, either through the Piggy deals webshop or at Piggy Location(s). Your use of the Piggy Deals webshop (deals.piggy.nl) is expressly on the condition of you accepting these Terms of Conditions. In case you do not wholly or partly agree with these Terms of Conditions, you are not to make use of the Piggy Deals webshop. Piggy Deals is a subsidiary of Piggy Loyalty B.V.

Piggy Card: the physical card with a unique QR code or the Piggy app, that is linked to the Account and with which the User can use the Savings Programs.

Piggy Location: a company and / or a branch of a company that is affiliated with Piggy and on whose behalf we offer the Savings Programs, Piggy Deals, the Gift Cards and / or the Strip Cards to Users. An overview of Piggy Locations can be found on the Website and / or via the Piggy App.

Platform: Piggy's online, automated platform that can be accessed via the Website, Piggy Deals, The Giftcard Webshop and the Piggy App, on which the Account is accessible to the User and on which information is provided regarding the Services and about the Piggy Locations.

Savings Program: the savings program of a Piggy Location in which the User can participate by using the Piggy Card and / or Piggy App.

Strippenkaart: a card (on an electronic carrier or in paper form) with a unique (QR) code with which the User can purchase goods and / or services in accordance with the conditions of the Piggy Location that issues the Strippenkaart, including conditions relating to the size and / or value of previous purchases.

Website: the website www.piggy.nl, www.piggy.eu, www.piggy.de, on which the Piggy Platform is accessible.

1.2 Where in these Terms of Conditions the terms “including”, “such as”, “like”, “among other”, “among which” or similar terms are used, this is not intended to exclude the rest.

Article 2 Applicability and Changes

2.1 These Terms of Conditions apply to the use of the Services and apply from the moment that the User uses the Services.

2.2 Piggy has the right to change these Terms of Conditions unilaterally at any time. The amended Terms of Conditions will be announced via our Website, our Platform and / or by email at least thirty days before their entry comes into force. If the User does not wish to agree with the relevant change (s), the User can terminate their Account until the entry comes into force (see Article 13 of these Terms of Conditions). If the User has not terminated their Account before the effective date, the change(s) will be deemed to have been accepted.

2.3 If and insofar as any provision in this User Agreement is, or becomes, wholly, or partially invalid, void or unenforceable, this invalidity, nullity or unenforceability will not affect the other provisions and these Terms of Conditions will remain in full force and effect for the rest.

Article 3 Services

3.1 The Services of Piggy are offered to consumers of at least 16 years old for purposes that fall outside its business or professional activity.

3.2 All Services are performed on the basis of a best efforts obligation, unless explicitly agreed otherwise.

3.3 If and to the extent permitted by law, Piggy is at all times entitled to change the content and scope of the agreed Services, if it deems this desirable or necessary for technical or economic reasons.

Article 4 Account and Savings Program

4.1 In order to be able to use the Savings Programs, the User can pick up a physical Piggy Card at a Piggy Location or download the Piggy App. The User must then create an Account to activate the Piggy Card.

4.2 To create the Account, the User must provide their email address. Piggy sends an email with an activation link to the specified email address. The User creates the Account by clicking on the link and following the indicated steps. After creating the Account, the entered data will be linked to the Piggy Card. The User can link multiple Piggy Cards and one Piggy App to an Account. An Account can be managed by the User through the Platform.

4.3 The User guarantees that they have provided correct and accurate information when creating and managing an Account and will not create an Account in the name of a third party without the permission of this third party. The User is responsible for the correctness of the data entered.

4.4 Piggy reserves the right to decide without further explanation not to have a User create an Account if these Terms of Conditions are not complied with or if it has a well-founded reason for this, without being obliged to pay any compensation for direct or indirect damage.

4.5 The Savings Program has a promotional character and is intended to offer Piggy Locations the opportunity to reward loyal consumers and to promote their goods and / or services. The User can make use of the Savings Program by scanning the Piggy Card that is linked to the Account with a purchase at the Piggy Location. The points that the user has saved at the Piggy Locations can be viewed by logging into the Account. The User is responsible for the correct scanning of the Piggy Card.

4.6 The Piggy Location determines the purpose, nature and content of the Savings Program as well as other conditions for participation. The Piggy Location determines, among other things, the number of points that are awarded and the consideration. Piggy is not responsible and / or liable for the content of the Savings Program drawn up by a Piggy Location, the points awarded and / or scanned and the consideration of the Piggy Location as well as other conditions of the Piggy Location that apply to the Savings Program..

4.7 The points awarded for the Savings Program can only be redeemed at the Piggy Location where these points have been awarded, unless the Piggy Location sets different conditions for its Savings Program.

4.8 The Piggy Location may decide to no longer offer the Savings Program. In that case, the User cannot redeem the points saved. Piggy is not liable and / or responsible for such a decision by the Piggy Location.

Article 5 Use of Gift Card, Strip Card and De Cadeaukaartenwinkel

5.1 With a Gift Card or Strip Card, a User can purchase an offer determined and described by a Piggy Location at a Piggy Location or another party designated by the Piggy Location.

5.2 The Piggy Location determines which value(s) can be assigned to the Gift Card or Strip Card, for which goods and / or services this can be exchanged, as well as other conditions that may be imposed on a Gift Card or Strip Card. Piggy is not responsible and / or liable for this.

5.3 A Gift Card and / or Strip Card is not linked to a User, but a "bearer": the owner is entitled to the value or consideration that is linked to it.

5.4 The Piggy Location is responsible for ensuring that the User receives the relevant information with regard to the conditions for the Gift Card and / or Strip Card. This information can be published on Piggy's Platform. Piggy is not responsible or liable for the correctness and completeness of this information.

5.5 A User may also make use of gift cards through De Cadeaukaartenwinkel (decadeaukaartenwinkel.nl). When De Cadeaukaartenwinkel is used, additional terms of use apply. These terms of use can be found on www.decadeaukaartenwinkel.nl/terms-conditions.

Article 6 Piggy Deals

General

6.1 A Piggy location can optionally use Piggy Deals. Piggy only facilitates the possibility for third parties to offer rewards on the Piggy platform.

6.2 The composition of Piggy Deals can be altered by Piggy at any time, typos or spelling errors reserved.

6.3 Piggy Deals can be offered to Users in two ways: via the Piggy Deals webshop or via the Piggy Location.

6.4 IP-rights belonging to Piggy, the third party or Piggy Location are to be respected. Using these IP-rights in any way, shape or form is prohibited without explicit written permission by Piggy.

Piggy Location

6.5 In case Piggy Deals are offered at the Piggy Location, Piggy is never party to the agreement between User and the Piggy Location. Piggy can never be held liable to deliver the products or services offered by the Piggy Location.

Piggy Deals Webshop

6.6 In case Piggy Deals are offered on the Piggy Deals webshop, Piggy is never party to the agreement between User and Seller, unless there is no Seller involved. Any involvement of Seller(s) will be displayed on the product page in the Piggy Deals webshop (deals.piggy.nl).

6.7 Piggy and user will enter into agreement at the moment an offer on the Piggy Deals Webshop is accepted by the user.

6.8 In the case where an agreement comes into being via the Piggy Deals Webshop where a Seller is involved, the Seller’s return policy and retraction period apply.

6.9 In the case an agreement comes into being via the Piggy Deals Webshop where no Seller is involved, articles 6.10 through 6.14 apply.

6.10 Right of revocation

For products

1. Users can dissolve the agreement concerning the purchase of a product without any statement of reasons within the revocation period of 14 days. Piggy may ask the User for the reason the User wishes to retract the purchase, but Piggy may not compel the User to do so.

2. The revocation period mentioned in article 6.10.1 starts the day after the User, or by an advance designated third party, who is not the carrier, has received the product, or:

  • a) If the User has ordered multiple products in one and the same order: the day after the User, or by an advance designated third party, who is not the carrier, has received all products.
  • b) If the delivery of a product consists of different deliveries or parts: the day after the User, or by an advance designated third party, who is not the carrier, has received all deliveries and/or parts.

Return policy for services and digital content that is not delivered by a physical carrier

3. The User can dissolve the agreement concerning the purchase of a service or digital product without any statement of reasons within the revocation period of 14 days. Piggy may ask the User for the reason the User wishes to retract the purchase, but Piggy may not compel the User to do so.

4. The revocation period mentioned in article 6.10.3 starts the day the agreement is made.

Extended revocation period for products, services and digital content that is not delivered by a physical carrier in the case of failure to inform of the return policy

5. In case Piggy has failed to provide the legally required information concerning the return policy at the time of purchase, the revocation period ends twelve months after the initial revocation period, in accordance with previous articles.

6. In case Piggy provides the aforementioned legally required information within twelve months after the initial revocation period has commenced, the revocation period then ends 100 days after the day the User has received the information.

6.11 Obligations of the User during the retraction period

1. During the revocation period, the User will handle the product and packaging carefully. The User may only unwrap or use the product in such measure as is needed to determine the nature, characteristics and functioning of the product.

2. The User is only liable for depreciation of the product in case it is the result of a manner of handling the product that exceeds what is allowed according to article 6.11.1.

3. The User is not liable for revocation of the products if the User has not been provided with the necessary legal information concerning the return policy.

6.12 Exercise of return policy by the User and accompanying costs

1. If the User exercises their right to return their purchase, the User will inform Piggy of this within the revocation period via email (info@piggy.nl)

2. As soon as possible, but within the term set in article 6.10.1, from the day following the in article 6.12.1 mentioned report, the User will return the product. This is not necessary if Piggy has offered to pick up the product. The User is ought to have taken note of the return period if the User returns the product before the revocation period is over.

3. The User will return the product with all delivered attachments and parts, if possible in the original state and packaging and in accordance with the instructions provided by Piggy.

4. The risk and burden of proof for the correct and timely application of the return policy lie with the User.

5. Any direct costs of returning a product are born by the User. If Piggy has not informed the User that they are to bear the costs or returning the product or if Piggy has stated to bear the costs, the User will not have to bear the costs of returning the product.

6. The User bears no costs for the entire or partial delivery of digital content that is not delivered by a physical carrier, if:

  • a) The User has not explicitly consented to the agreement before delivery;
  • b) The User has not acknowledged the loss of their right of retraction, or;
  • c) Piggy has not confirmed the agreement of the User.

7. If the User makes use of his right of withdrawal, all supplementary agreements shall be dissolved by operation of law

6.13 Obligations of Piggy in case of return

1. In the case that Piggy enables notification of revocation to be sent in digitally, Piggy shall send a confirmation of receipt without delay.

2. Piggy reimburses all payments made by the User for the returned product, including delivery costs charged by Piggy, without delay, though within 14 days after the User informs Piggy of the return.

3. Piggy uses the same payment method as used by the User, unless the User and Piggy agree on another method. Reimbursement is free of charge for the User.

4. If the User has opted for a more expensive delivery method than the least costly standard delivery, Piggy need not reimburse the overage.

6.14 Exemption on right of revocation

Piggy has the right to exempt the following products and services from the User’s right of revocation, provided that this information was explicitly stated on the product page at the time the agreement was made:

1. The User has already made use of the product.

2. Service agreements, after completion of the service, but only if:

  • a) The execution of the service has already started after explicit permission of the User, and
  • b) The User has declared their right of withdrawal to be null and void as soon as Piggy has completed the agreement.

3. Agreements concerning leisure activities, if in the agreement a date or period of execution has been established;

4. Products manufactured in accordance with requirements set by the User, that have not been prefabricated and are being manufactured based on individual choice by the User, or products clearly meant for one specific person;

5. Products that spoil quickly or have an expiration date;

6. Products that, due to their nature, have been unequivocally mingled with other products after delivery;

7. Sealed audio and video recordings and computer programs, which seal has been broken;

8. Newspapers and magazines, excluding subscriptions thereof;

9. Delivery of digital content other than on a physical carrier, but only if:

  • a) The execution of the service has already started after explicit permission of the User, and/li>
  • b) The User has declared their right of withdrawal to be null and void as soon as Piggy has completed the agreement.

Article 7 Communication

7.1 If the User saves at a Piggy Location, the User will automatically receive emails from the relevant Piggy Location.

7.2 The User can unsubscribe from receiving emails. Users can only unsubscribe from receiving emails per specific Piggy Location.

7.3 Piggy may send functional emails to the User, such as a notification of an update in the Terms of Conditions. Piggy will never send commercial emails to the User.

Article 8 Obligations of the User

8.1 The User is responsible for the availability of the facilities necessary to gain access to the Platform and the Account.

8.2 Login details for the Account are personal. The User must treat their login details confidentially and not share them with third parties.

8.3 The User is responsible for all (unauthorized) use of their Account, the Piggy Card, the Piggy App. The holder of the Gift Card and / or Savings Card is responsible for its use. Piggy is not responsible or liable for loss, theft, damage or unauthorized use of the Piggy Card, the Gift Card and / or the Savings Card, as well as the unauthorized use of the Piggy App and the Account.

8.4 In the event of fraud with regard to the use of the Account, the Piggy Card or the Piggy App, or a suspicion thereof, Piggy reserves the right to exclude the User from further use and the Piggy User can Deny the Account, the Piggy Card or the Piggy App. In the event of fraud with the Gift Card and / or Savings Card, Piggy and / or the Piggy Location may declare the relevant Gift Card(s) and / or Savings Card(s) invalid, as a result of which they can no longer be used. If the User is no longer able to use their Account, Piggy Card, Piggy App, Gift Card or Savings Card for the aforementioned reasons, the User is not entitled to any points saved and / or other benefits awarded or any compensation for damage and / or costs.

8.5 Piggy is entitled to take technical measures to protect the Account, the Platform and the Website against unlawful use and / or against use in any other way, or for purposes other than those agreed between the User and Piggy. The User will not remove or circumvent or circumvent technical provisions intended to protect the Account and the Website.

Article 9 Content

9.1 Via the Website, the Platform, the Piggy App, De Cadeaukaartenwinkel and Piggy Deals information is made available that comes from, among others, Piggy and the Piggy Locations. All content within these environments is the property of Piggy and / or the Piggy Locations that provided the content or its licensors. Users only acquire a non-exclusive, non-transferable, non-pledgeable and non-sublicensable right to use the content within these environments in the manner intended with the functionalities offered to the User. It is not allowed to publish content without permission from Piggy.

9.2 Piggy strives to achieve and maintain a high level of content offering, but does not provide any guarantees and is not liable for any damage caused by incorrect, incomplete, outdated, infringing or otherwise unlawful content. Use of content is entirely at the risk and responsibility of the relevant User. Piggy makes no guarantees that any content is accurate and will be or will remain available.

9.3 When links to websites of third parties are included on the Website, the Platform and the Piggy App, this does not mean that the products or services offered on or via these websites are offered and / or recommended by Piggy. The information on such websites has not been further assessed by Piggy for correctness, reasonableness, topicality or completeness. Piggy is not responsible for the content, use or availability of referenced websites. The use of such links is at your own risk.

Article 10 IP Rights

10 All IP Rights to the content made available by, or on behalf of, Piggy belong to Piggy and / or its licensors. The User only obtains those rights of use that are explicitly stated in these Terms of Conditions. Rights of use are non-exclusive, non-transferable, and non-sublicensable. All IP Rights to the aggregated, statistical data created and / or collected through the use of the Services rest entirely with Piggy.

Article 11 Persoonsgegevens

11.1 Piggy processes personal data of Users. Piggy can be regarded as the controller in that context. Piggy processes personal data as further explained in the Privacy Policy [https://piggy.eu/privacy-policy].

11.2 Piggy Locations can also process personal data of Users in the context of the Savings Program and the customer relationship that a User has with the Piggy Locations. The Piggy Locations are the controller for this. Piggy advises Users to consult the Privacy Policy of the Piggy Location.

Article 12 Other Guarantees and Indemnities

12.1 The Services are offered “as is” and “as available” and, to the extent permitted by law, to the exclusion of all implied and explicit claims to conformity, correctness or usefulness.

12.2 Piggy keeps the Website, the Platform and the Piggy App available and performs, maintains and carries out updates as far as it deems necessary. The Website, the Platform and the Piggy App may be temporarily unavailable for technical reasons, as a result of which the User cannot use the Services.

12.3 These Terms of Conditions are governed by Dutch law.

12.4 All disputes arising from, or in connection with, this agreement will be submitted exclusively to the competent court of the Amsterdam District Court.

Artikel 13 Termination of Account

13.1 The Account is created for an indefinite period and can be canceled and / or deactivated by the User at any time via the Platform and by contacting Piggy (by telephone on 085-7737177, by email via support@piggy.nl or info@piggy.nl.

13.2 Piggy can decide to terminate the Account if Piggy considers it necessary, for compelling reasons and / or if these Terms of Conditions are not complied with, without being obliged to pay any compensation for direct or indirect damage.

13.3 When the Account is terminated, the User can no longer use the Services offered through the Account. The User cannot claim any points or other benefits that are or were linked to the Account.

13.4 The User can delete nearly all personal information themselves by logging into their account.The User may also submit a request to delete all personal information of the User by sending an email to info@piggy.nl. In case the User requests the deletion of their email address, the entire account of the User will be deleted. All saved points will be lost. This process cannot be reversed.