General terms and conditions of myShop subscription#

You can download the terms and conditions as a .pdf file by the next link.

Article 1- Definitions#

1.1 Subscriber: The person or company with which MyShop has concluded an agreement

1.2 Services: The services which MyShop offers, stated on www.mijnwinkel.nl/abonnementsvormen. The service includes providing access and the use of the System by a browser, exclusive for the purpose to set up and to maintain the web shop, and the hosting of the webshop.

1.3 Username: The username with the belonging access code which provides the subscriber access to the services

1.4 MyShop: The Ltd. with limited liability mijnWinkel B.V. was established and has maintained it's office in Vogelenzang

1.5 Agreement: The agreement (inclusive of these General Terms and Conditions) between myShop and subscriber on the basis of which myShop provided services to the subscriber.

1.6 System: The hardware operated by myShop, software (including the program code for setting up and maintaining a web shop), writing space and the website by which Myshop provides services to the subscriber.

1.7 Website: the website www.myshop.com

1.8 Web shop: The web shop ran by the subscriber, including files with product data by which the shop can be generated and where customers can search and consult the offer of products and services and can order these products and services.

Article 2 Applicability#

2.1 The general terms and conditions apply to all legal relations between myShop and the subscriber

2.2 MyShop rejects explicitly the applicability of general or specific terms of the subscriber or third parties. Conditions which differ from the general terms and conditions are only valid when they are agreed on paper.

2.3 My Shop has the right to modify the content of the general terms and conditions unilateral. Modifications are notified by e-mail or on paper and become effective fourteen (14) days after the announcement, or at another date which is mentioned in the announcement.

2.4 If the subscriber does not accept the modifications in the general terms and conditions, he has the right to cancel the agreement on the date when the modified terms will come into effect. MyShop is not obliged to compensate any cost or losses. The money paid for the subscription will be refunded in proportion.

Article 3- Concluding of the Agreement #

3.1 All offers of myShop are without any obligations and may be reversed within two working days after receiving the acceptance of the offer, unless explicitly otherwise stated in the offer.

3.2 The agreement between myShop and subscriber is achieved by clicking on the 'I agree' button during the last step of the registration process on the website of myShop.

3.3 MyShop has the right to refuse a potential subscriber without a reason given.

Article 4 Rights and obligations of myShop#

4.1 MyShop will make every effort to provide consistent availability of the services, but cannot guarantee the availability of the services at all times.

4.2 MyShop is not involved in the sale of products and services which are being offered in the webshop. MyShop is also not responsible for the assortment, the quality of the offered products and services, advertising for sales activities like payments and deliveries.

4.3 MyShop has the right to modify the services. MyShop will make every effort to announce in advance the modifications which imply a limitation of the core functions of the services, in compliance with a reasonable term, unless this is in all fairness or technically not possible.

4.4 The subscriber has the right to cancel the agreement by mail or on paper within thirty (30) days after the announcement of the modifications of the services mentioned in section 4.3, if the subscriber does not agree with them.

4.5 It is possible that myShop will add new modules to the services which include new functionalities. Modules which are offered for payment to new customers are not automatically within the range of the agreement. If the subscriber wants to use these modules, he has to make specific agreements with myShop.

4.6 MyShop has the right during the validity of the agreement to include on the site of the webshop and in e-mails sent by the system to buyers the following hyperlink and/or picture: 'Powered by myShop'. This right can be bought in the module 'sponsor free'

4.7 MyShop publishes an electronic newsletter which informs the subscribers about the developments of the services of myShop. The subscriber will receive these electronic newsletters during the validity of the agreement at the e-mail address which is provided, unless the subscriber indicates he does not appreciate this service.

Article 5 Rights and obligations of the Subscriber#

5.1 The subscriber obtains the non exclusive and non transferable right to use the services via his or her own equipment and software for setting up one (1) webshop as stated on
www.mijnwinkel.nl/abonnementsvormen

5.2 The subscriber is responsible for all the usage of the services

5.3 The subscriber is responsible to make in a proper way a back up of the their own data, which is used to set up and to maintain the webshop.

5.4 The subscriber must provide the correct, actual and complete address details which are being asked during the registration process. Modifications of this info must be sent to the website of myshop as quickly as possible

5.5 Improper use of the services is not allowed by the subscriber, he or she has to comply and adopt an attitude in accordance with the expectations of myShop. In particular the subscriber will, while using the services:- not put data onto the system which violates intellectual right of ownership of third parties- not offer products or services which are stolen, are contrary to legal provisions or otherwise violates right of third parties- not circulate information which is contrary to legal provisions, public order or morality- not allow to spread or permit to be spread viruses or other programs which can damage equipment, software or data of third parties on purpose- not access (hack) or attempt to access computers or computer systems for which he is not authorized- not to change, delete or make useless information put on the system by other users of the services or to add information to information of third parties without permission of the third party in question- not to use the services in such a way that will prevent a proper functioning of it or that can bother or damage other users of the services- not in any way disposal one username or (a part) of the services to third parties. The subscriber will keep this username strictly personal and secret- will follow up all given instructions of myShop in connection with the use of the services

5.6 Without prejudice to one other rights on basis of the law or the agreement, myShop keeps the right to suspend her obligations to the subscriber or to cancel the agreement if the subscriber is acting, or there is a reasonable suspect for acting against article 5.5. In this case myShop is not obliged to any compensation.

Article 6 Prices and payment#

6.1 All prices and tariffs are in Euros and excluding VAT and other taxes of the government, unless otherwise is stated on www.mijnwinkel.nl/abonnementsvormen

6.2 The use of the services is during the trial period of 3 months free of charges. If the subscriber decides for a paid subscription during or after the trial period the cost due will be charged every six months, or yearly in advance. All the bills have to be paid by the subscriber within 14 days after the day of invoice.

6.3 The subscriber must pay an additional fee. This is stated on www.mijnwinkel.nl/abonnementsvormen, if the page views indicated on the site are exceeded. To pass on page views to the next calendar month is not possible. For some subscriptions a data limit is not applied, but only a fair use policy.

6.4 MyShop has in all circumstances, the right to modify the agreed price through an e-mail to the subscriber in compliance with a term of (30) days.

6.5 If the subscriber does not agree with the modification of the price by myShop he or she has the right to cancel the agreement by e-mail or on paper within thirty (30) days after the announcement, according with the stated data in the announcement when the price modifications come into effect. The subscription money will be refunded in proportion.

6.6 If the subscriber does not pay the sum of money due within the agreed term, the subscriber will need to, within any proof of default, pay the legal interest over the unpaid amount. The claim will given to a debt collection agency, if the subscriber has been negligent in paying after the proof of default. In this case the subscriber will need to pay the amount due and also a full compensation of the legal and non legal expenses, including all expenses of external experts, besides the cost by law decided, in connection with the collecting of the claim or by right otherwise, of which the height is set for a minimum of 15% of the total amount.

6.7 Without prejudice to other rights on the basis of the law or the agreement, myShop has the right to suspend the services of the subscriber in default, without obligation to pay any compensation of cost or damage for the subscriber.

Article 7 Intellectual rights of ownership#

7.1 All intellectual rights of ownership with regard to the services rests with myShop and respectively its licensers.

7.2 The subscriber obtains, when necessary for using the services, a non transferable and non exclusive user right with regard to these intellectual rights of ownership.

Article 8 Privacy#

8.1 Subscriber agrees with and gives permission for use of personal data set down in the
privacy statement of myShop

Article 9 Term's of Cancellation and contract duration period#

9.1 The agreement for the trial subscription concludes for the duration of and ends legally after three months.

9.2 The agreement will, if the customer decides during or after the trial period to continue the subscription, depending the type of subscription, be extended with three (3), six (6) or twelve (12) months. After this period the agreement ends, unless it is extended by the subscriber.

9.3 The subscriber can extend the agreement each time with a period of three (3), six (6) or twelve (12) months, depending the type of subscription, unless myShop cancels the agreement before the end of a period by e-mail or on paper. Cancelling can take place without any reason or motivation.

9.4 MyShop and the subscriber are entitled to cancel by e-mail or on paper the agreement starting immediately without any proof of default or judicial intervention and without obligation to any compensation of cost or damage in the next cases:- in the case where the other party files one's petition in bankruptcy or is in a state of bankruptcy. - in the case where the subscriber (temporarily) applies for a moratorium or a (temporally) moratorium is permitted- in the case where the subscriber is under legal restraint, or myShop stops or liquidates his or her activities

9.5 Without prejudice to the specified points above the next obligations will continue after the end of this agreement- unpaid fees- intellectual rights of ownership- liability

Article 10 Liability and circumstances beyond one's control#

10.1 MyShop is never responsible for any indirect losses of subscriber or third parties, including consequential losses and immaterial losses as a result of using or not using of services.

10.2 MyShop is never responsible for violating someone's intellectual rights of ownership if, according to the subscriber, a general myshop layout shows too many similarities with the layout which is designed by the subscriber.

10.3 The responsibility of myShop to the subscriber, however for any reason, is limited by the subscriber on the basis of the agreement compensation due for a period of six (6) months preceding the moment when the damage started.

10.4 The subscriber must deal with all legal claims from their clients, myShop holds absolute no responsibility for subscriber and client transactions or legal issues.

10.5 The previous sections of this article are not applied if and as far as the damage concerned has been caused by intention or on purpose by myShop or it highest executive staff.

10.6 MyShop is not obliged to fulfil one or more obligations if the hindrance is the result of circumstances beyond one's control. These circumstances can be a shortcoming of external hosting providers and suppliers of myShop and interruption or breakdowns of the electricity or telecommunication services.

10.7 The subscriber has the right to cancel the agreement by e-mail or on paper if the situation of circumstances takes more than sixty (60) days. In this case myShop is not obliged to any compensation of cost or damage.

Article 11 Miscellanies, applicable law and competent judge#

11.1 Dutch law is enforced on this agreement

11.2 The judge in Haarlem is used exclusively with regard to settling disputes between the subscriber and myShop, as long as Dutch national law does not states otherwise, which result from or connected with the agreement between the parties.

11.3 The subscriber is not allowed to transfer the rights and obligations from the agreement to a third party, without a preceding agreement on paper with myShop. This includes entities within an organization that the subscriber part of is. MyShop has the right to transfer the rights and obligations from the agreement to third parties, the subscriber automatically allows myShop to do that. The subscriber has the right to cancel the agreement by e-mail or on paper when he or she does not agree with the transfer immediately.

11.4 If one or more terms of this agreement are invalid or can be declared invalid, such a thing does leave the validity of other terms intact. Parties have to enter in consultation in order to agree with new terms, in place of the terms which are invalid or are declared to be invalid, whereby the purpose and the intention of the invalid or the declared to be invalid terms have to be considerate as similar as possible.

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