General ConditionsThese general conditions can be downloaded or requested digitally via the iTunescard.com helpdesk. Click the ‘contact’ link on the website to request the general conditions.
These general conditions take care of contractual conditions for all transactions between consumers and iTunescard.com. All offers and deliveries are only subject to the below sales and delivery conditions. If any stipulation of these general conditions does not apply in the opinion of a judge, for whatever reason, the stipulation in question needs to be replaced by a stipulation based on which parties can still reach their objectives. The remaining stipulations of these general sales and delivery conditions remain in force.
Deviating conditions on the part of the consumer or other agreements that have been concluded are not valid.
By placing your order, you agree to have read these general conditions and our Privacy Statement and you explicitly agree to the contents thereof without further explanation. ITunescard.com has a right to change its delivery and/or payment terms after termination of the term. Payment orders are at the cost and risk of the one giving the payment order (or authorization). If you are under 18 years old, you need to ask permission from your parents before using ITunescard.com.
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Article 1 – Applicability of these conditions.
- These conditions apply to any offer and any agreement between ITunescard.com and consumers.
- The present conditions also apply to agreements with ITunescard.com in case third parties need to be involved for the execution.
Article 2. Offers.
Price offers and other conditions are assumed to have been accepted by consumers. We try to indicate offered products and prices in a correct way. Typing errors or indicated prices are not binding, however.
Article 3. Delivery.
- Consumers are obliged to buy purchased goods at the moment at which these are delivered to them or at the moment at which these become available to them according to the agreement.
- Save as otherwise agreed, the place of delivery is the e-mail address and/or mobile phone number that was entered by the consumer.
- If necessary, ITunescard.com is authorized to supply in parts.
- It is the explicit responsibility of the consumer to provide delivery data, such as e-mail address, mobile phone number or home address. In case of incorrect entry, ITunescard.com cannot deliver any new product, particularly cannot reimburse codes.
- It is the explicit responsibility of the consumer to purchase the right product. Incorrectly purchased prepaid codes cannot be exchanged if the prepaid code has already been delivered in conformity with article 4, section 1, of these general conditions.
- In case of unauthorized use of payment methods (including, among other things, theft, swindling, misappropriation or fraud) ITunescard.com is authorized to stop delivering products and/or services. In case of suspicion of unauthorized use, ITunescard.com is authorized to delay delivery of products until a copy of a valid identity document, a copy of a statement of account and a check of the authorized use of the payment method in question by the consumer have been provided by the consumer.
- In case of technical failures, ITunescard.com is authorized to stop delivering products and/or services. In case an incorrect number of products or products with an incorrect value have been delivered due to failures, consumers are obliged to inform ITunescard.com thereof and to return any surplus products. If consumers do not return surplus products and/or services, these are considered accepted and can be charged.
- Delivered products or services remain the property of ITunescard.com until full payment has been made.
- Special conditions right of withdrawal: The right of withdrawal does not apply to prepaid phone credits, prepaid payment cards or unique prepaid codes of any other kind that have been transferred and/or displayed to customers. Refunds of processed sales on Itunescard.com are not possible.
Article 4. Delivery time
- Delivery times indicated by ITunescard.com are approximates and do not involve final terms, but will never exceed actual delivery times by more than 7 days, save force majeure.
- In case of failed delivery in time, consumers need to give ITunescard.com notice of default via the contact form on www.iTunescard.com and allow ITunescard.com a reasonable term to meet its obligations after all.
- Delivery times may vary depending on the type of payment method selected. Delivery times are indicated at the payment method.
- ITunescard.com will never deliver purchased products/services until full payment has been received on the ITunescard.com account or payment by credit card is confirmed.
Article 5. Information, data and intellectual property rights.
- General indications and descriptions of items to be delivered by ITunescard.com, as included in brochures, website, lists and similar items, are only meant as general information instead of quality and/or guarantee indications.
- iTunescard.com can assume correctness and completeness of information and data provided to ITunescard.com by consumers.
- Save as otherwise expressly agreed, where appropriate, intellectual property rights to brands, models, drawings, designs, and similar items belong to ITunescard.com.
Article 6. Guarantee.
- iTunescard.com guarantees that provided prepaid codes have not been used at the moment of provision to consumers. After delivery, consumers are responsible for provided prepaid codes.
Article 7. Defects; complaints terms.
- Consumers need to check (or have checked) purchased goods upon delivery or after that as soon as possible. Consumers need to check whether the delivered goods correspond with the agreement, namely:
- If there is a visible defect or shortcoming, it needs to be reported to ITunescard.com by the consumer within 3 days after delivery. In case of timely notification, ITunescard.com retains the right to replace the delivered goods or refund the purchase price. Any other liability is excluded, particularly liability to payment of any damages.
- Consumers are obliged to take necessary measures to minimize damage to delivered goods.
- Consumers are obliged to strictly follow all indications regarding storing and handling delivered goods, which are also described in the accompanied specifications specifically aimed at the delivered goods, or user guide.
- ITunescard.com accepts no liability whatsoever if the above stipulations are not met.
- Delivered goods that have been rejected by consumers can only be returned to ITunescard.com if prior written consent has been given by ITunescard.com.
Article 8. Price.
- Unless expressly indicated otherwise, consumer prices indicated by ITunescard.com apply
- in Dollars
- including VAT
- based on minimum quantities used by ITunescard.com
- including delivery costs
Article 9. Payment.
- Unless agreed otherwise, net payment should be done beforehand. It is not possible to pay on account afterwards.
- Without further notice of default by ITunescard.com, consumers are assumed to be in default if the amount due has not been paid within the set payment term. Without prejudice to any other ITunescard.com right, the failure to make payment has at least the following consequences:
- Consumers are not entitled to settle any counterclaim to ITunescard.com with payment obligations under this agreement.
- In case of bankruptcy or suspension of payment by consumers, ITunescard.com claims and consumer obligations regarding ITunescard.com are immediately payable.
- If the consumer has placed the order, he/she is obliged to pay the amount indicated within the given period.
Article 10. Liability
- Liability of ITunescard.com is limited to redelivering the goods concerned or refunding the purchase price. If decided otherwise, liability will never exceed 100 dollars per case.
- In case of defects to delivered goods, liability as mentioned in article 11 of these conditions applies.
- ITunescard.com is not liable for indirect or direct damage, including missed profits, mental damage, emotional damage or any other type of damage resulting from ITunescard.com services.
- In case limited liability is below the level required by law, maximum liability will be limited to the minimum amount allowed by law.
Article 11. Force majeure.
- ITunescard.com has a right to repudiate the agreement entirely or partly or suspend delivery terms, as it chooses, without any obligation to pay damages, in the following cases: Force majeure of any kind whatsoever, mobilization, war, uproar, fire, strikes, transport difficulties, seizure, production interruptions, lack of raw materials and/or energy, disasters, restricting government measures of any kind whatsoever, insufficient performance of company installations that are necessary to observe the agreement, third party supply and service delivery failure, as well as any other circumstance independent of the intention of ITunescard.com that would have moved ITunescard.com to abstain from entering into the agreement or to enter into the agreement on different terms if it had been aware thereof.
- ITunescard.com also has a right to claim force majeure if circumstances that prevent (further) performance appear after ITunescard.com should have lived up to its commitment.
- During force majeure, the delivery obligations and other obligations of ITunescard.com are suspended. If the period in which performance of ITunescard.com obligations is not possible due to force majeure takes longer than weeks, both parties are authorized to repudiate the agreement without any obligation to pay damages.
Article 12. Disputes.
These conditions are subject to Dutch law, excluding the Vienna Sales Convention. All disputes, interim proceedings included therein that are related to and/or result from these general conditions, will be dealt with by the Rotterdam district court (in the Netherlands), which has jurisdiction, with the proviso that ITunescard.com also has the right to have disputes dealt with by the competent court of the place of residence of the consumer.
Article 13. Privacy.
Data provided by consumers are recorded in the ITunescard.com customer file. This file also includes data that are necessary to process orders, such as order, delivery and payment data. The customer file is used to execute and process orders. More information on this topic can be found on our privacy page.
Article 14. Change and location of conditions.
The latest registered version or the version valid at the time of concluding the present transaction applies. ITunescard.com is authorized to change and supplement these general conditions without declaring a reason.