Terms and Conditions

Index:

1. Breakzy
2. Definitions
3. Applicability
4. Use of the platform
5. Intellectual property
6. Privacy
7. Registration & Accounts
8. Offer
9. Right of withdrawal
10. Costs in case of withdrawal
11. Exclusion of right of withdrawal
12. Price
13. Conformity and warranty
14. Delivery and execution
15. Payment
16. Complaints
17. Disputes

Breakzy:

Welcome to breakzy.nl, the Platform that makes stopping during a roadtrip more fun than it ever was. Breakzy is a product of @workstreet B.V., located at Alblasstraat 27, 3522 RP Utrecht, The Netherlands. @workstreet B.V. is registered with the Dutch Chamber of Commerce under number 60416165.

The Platform is owned and maintained by @workstreet B.V. You can contact @workstreet B.V. regarding Breakzy in the following ways: By e-mail: info@breakzy.nlVia Facebook: https://www.facebook.com/breakzy.nl/By mail: Chassésingel 5, 4811 HA, Breda

Definitions:

1. Account: In order to make maximum use of the possibilities that the Platform offers, Users can create an Account. This account consists of a user name and a password. An e-mail address is necessary to create an account.
2. Content: refers to all content on the Platform, including, but not limited to, pit stop ratings, reviews, photos, images, comments, information and design.
3. Partners: parties with which Breakzy now or in the future cooperates or will work together.
4. Personal data: data supplied by the User when an account is created.
5. Platform: Breakzy’s website and mobile applications.
6. Submission: all information supplied by the User to the platform, in the form of a written review, photo or image.
7. Users: the visitors of the Platform, who may or may not contribute in the form of a Submission

Applicability:

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available electronically to the consumer in such a way that the consumer can simply be stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that at the request of the consumer they will be sent free of charge by electronic means or otherwise.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always invoke the applicable provision that is most favorable to him.
5. If one or more provisions in these general terms and conditions at any time are wholly or partially void or destroyed, then the agreement and these conditions remain intact and the stipulation in question will be replaced by a provision that the scope of the original approached as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Lack of clarity about the explanation or content of one or more provisions of our conditions, should be explained ‘in the spirit’ of these general conditions.

Use of the platform:

1. Submissions of Content by Users is highly appreciated by Breakzy. By submitting Content, Breakzy obtains the right to use that Content. Breakzy can use this content for various purposes, channels and types of social media, such as, but not limited to, the Platform, Facebook and Twitter. Breakzy also has the right to distribute the Content to third parties.
2. The User understands and agrees that Submissions contain non-confidential information and that there is no right of ownership of the User.
3. Breakzy has the right to deny anyone access to the Platform at any time and for any reason. These reasons include, but are not limited to, violating the terms and conditions.
4. Breakzy is not obliged to follow up reviews or resolve any problems identified by the User within the Platform or the Content.
5. Breakzy is not liable for direct or indirect damage and costs caused by or arising from the use of the Platform. The User exempts Breakzy from any claim in relation to this.

Intellectual property:

1. There is copyright on all material on the Platform, including, but not limited to, images, logos, design, maps, stops and icons. Therefor, it is not permitted to copy, modify or reproduce Content from the Platform without written prior permission from Breakzy.
2. It is not permitted to use the brand name Breakzy without prior written permission from Breakzy.

Privacy:

1. Breakzy is doing its utmost to ensure the privacy of the Users.
2. Breakzy is allowed to collect, store and use various types of personal data of the Users, including, but not limited to, the IP address, location, browser type, browser version and operating system of the User.
3. When you use the “my location” function in the route planning section of the Platform you give Breakzy permission to use your location for this session. No information about your location is stored when you leave the Platform.
4. When you choose to send a crash report after a crash, you give Breakzy permission to store browser type, browser version and your type of operating system. The stored information is saved so that Breakzy can improve its Platform.
5. When a User registers, Breakzy has the right to collect and archive the information made available.
6. In case of an order at Breakzy, Breakzy will store the address data of the User for 14 days. This so that the User remains known to Breakzy during the right of withdrawal period for the best possible handling of any problems with the delivered products.
7. A User has the right to request Breakzy’s personal data collected by Breakzy by sending an e-mail to info@breakzy.nl.
8. In the event of a data breach, Breakzy will do its utmost to protect the privacy of the Users.
9. Personal data will not be sold to third parties for advertising purposes. When you use Breakzy you must be 18 years of age or older, or have permission from your parents.
10. You are responsible for your own data; Placing content containing sensitive information, such as belief or race, is at your own risk.
11. Deleted accounts will be permanently deleted within 5 business days. The delivered content such as reviews and photos are anonymised.
12. Breakzy will not pass on personal information to controlling authorities such as the government, unless required by law.
13. We may contact users via e-mail for promotional or research purposes if the user has given permission for this. Users can always unsubscribe from these e-mails.
14. The Social Media and website buttons can be used to share Breakzy content. When you use this, you will be redirected directly to the relevant external platform. We are therefore not liable for the collected data by this external platform.
15. We use Google Analytics for research purposes, in which we use the ‘anonymize IP’ function, profiles are not followed. The anonymized information is stored for 50 months and consists of standard data such as web browser version, version of the device and the time spent on the page. Google Analytics uses ‘cookies’ to track the use of the platform. This information is stored by Google. You can refuse the use of cookies by selecting the right settings from your browser, to prevent Google from collecting this data https://tools.google.com/dlpage/gaoptout).
16. We use Facebook Analytics for research purposes, this data is completely anonymous. This data is collected and stored by Facebook. You can indicate in your Facebook settings that Facebook is not allowed to collect data via the Breakzy platform. https://www.facebook.com/settings?tab=applications
17. If you want to view the personal data stored by Breakzy, you can send an e-mail to info@breakzy.nl. We will process your request as soon as possible.
18. Breakzy stores personal information through the use of software programs that ensure the functionalities of the Platform.
19. An iDeal payment is processed by Mollie. Mollie is responsible for the required data and works in accordance with the AVG Act.
20. We send our newsletter, after registration, via MailChimp. You can unsubscribe from this newsletter at any time. MailChimp manages the data and uses the enclosed conditions.
21. We have taken security measures to protect your data in line with the AVG Act. We have an SSL certificate to ensure a secure, 256-bit encrypted connection
22. Our servers are managed by Amazon and encrypted via Secure Shell with a corresponding private key.
23. If there are any questions or comments about our conditions or the privacy of the User, Marcel de Lusenet is available for comment. The user must send an e-mail to info@breakzy.nl. He will answer you as soon as possible.

Registration & accounts

1. The User is responsible for the use of his or her Account. The User is also responsible for the Content that places this Account on the Platform.
2. It is not allowed to share an account with multiple Users.
3. It is possible to cancel an Account. In this case, all collected personal data will be removed from the Platform.
4. If a User has not used his or her Account for 5 years, this Account and the collected data of this Account will be deleted. We use a storage period of 5 years, as it is plausible that the app will not be used annually.

Offer:

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and information in the offer are indicative and can not lead to compensation or dissolution of the agreement.
5. Images with products are a true reflection of the products offered. Entrepreneur can not guarantee that the displayed colors exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

– the price including taxes;
– the possible costs of shipping;
– the way in which the contract will be concluded and which actions are necessary for this;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and execution of the agreement;
– the period for accepting the offer or the period within which the entrepreneur guarantees the price;
– the level of the tariff for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic tariff for the means of communication used;
– whether the agreement is archived after the conclusion and, if so, how it can be consulted by the consumer;
– the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him in the context of the agreement and repair it if necessary;
– any other languages in which, in addition to Dutch, the contract can be concluded;
– the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
– the minimum duration of the distance contract in case of an extended transaction.

Right of withdrawal When delivering products: 

1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur.
2. During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. When the consumer wishes to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known by means of the model form. After the consumer has made it known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
4. If the customer has not made it known that he wishes to make use of his right of withdrawal or withdrawal after the expiry of the terms mentioned in paragraphs 2 and 3. the product has not been returned to the entrepreneur, the sale is a fact.

When delivering services:

5. When providing services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 days, starting on the day of entering into the agreement.
6. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.

Costs in case of withdrawal:

1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received back by the merchant or conclusive proof of complete return can be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any loss of value of the product.
4. The consumer cannot be held liable for the value reduction of the product if the entrepreneur does not provide all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Exclusion of right of withdrawal:

1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
3. Which have been created by the entrepreneur in accordance with the consumer’s specifications;
4. That are clearly personal in nature;
5. Which cannot be returned due to their nature;
6. That can spoil or age quickly;
7. The price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
8. For loose newspapers and magazines;
9. For audio and video recordings and computer software of which the consumer has broken the seal.
10. For hygienic products of which the consumer has broken the seal.
11. Exclusion of the right of withdrawal is only possible for services:
12. Concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
13. The delivery of which commenced with the express consent of the consumer before the reflection period has expired;
14. Regarding betting and lotteries.

Price:

1. During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any listed prices are target prices mentioned in the offer.
3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and these are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
5. The prices mentioned in the offer of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Conformity and warranty:

1. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Return of the products must be in the original packaging and in new condition.
2. The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
3. The guarantee does not apply if:
– The consumer has repaired the delivered products himself and / or processed or has third parties repaired and / or processed;
– The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or the packaging are treated;
– The inadequacy wholly or partially is the result of regulations that the government has made or will make regarding the nature or the quality of the materials used.

Delivery and execution:

1. The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what has been stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any costs. The consumer is not entitled to compensation.
4. All delivery terms are indicative. The consumer cannot derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 14 days after termination.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur.
7. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Payment:

1. The online payments are made through our processor Mollie Payments, on all payments their terms and conditions apply.
2. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.

Complaints:

1. Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur, info@breakzy.nl within 7 days, after the consumer has discovered the defects.
2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.
4. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Disputes:

1. Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.