Terms and Conditions – People & Media Network

Table of Contents

Article 1 – Definitions Article 2 – Identity of People & Media Network Article 3 – Applicability Article 4 – The Offer Article 5 – The Agreement Article 6 – Right of Withdrawal Article 7 – Consumer Obligations During the Reflection Period Article 8 – Exercise of the Right of Withdrawal by the Consumer Article 9 – Obligations of People & Media Network Upon Withdrawal Article 10 – Exclusion of Right of Withdrawal Article 11 – Pricing Article 12 – Performance and Additional Warranty Article 13 – Delivery and Execution Article 14 – Subscription Transactions Article 15 – Payment Article 16 – Complaints Procedure Article 17 – Disputes Article 18 – Privacy and Data Protection Article 19 – General Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  • Supplementary Agreement: An agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items or services are supplied by People & Media Network or by a third party based on an agreement between that third party and People & Media Network.
  • Reflection Period: The period within which the consumer can exercise their right of withdrawal.
  • Consumer: The natural person who is not acting for purposes relating to their trade, business, craft, or professional activity.
  • Day: Calendar day.
  • Digital Content: Data produced and supplied in digital form.
  • Continuing Agreement: An agreement that provides for the regular delivery of goods, services, and/or digital content during a specified period.
  • Durable Data Carrier: Any means – including email – that enables the consumer or People & Media Network to store information directed personally to them in a way that facilitates future consultation or use for a period appropriate to the purpose for which the information is intended, and which allows for unchanged reproduction of the stored information.
  • Right of Withdrawal: The consumer’s option to withdraw from the distance contract within the reflection period.
  • People & Media Network: The natural or legal person offering products, digital content, and/or services to consumers at a distance.
  • Distance Contract: An agreement concluded between People & Media Network and the consumer under an organized system for distance sales of products, digital content, and/or services, where up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
  • Model Withdrawal Form: The European standard withdrawal form included in Article 6.
  • Distance Communication Technology: Means that can be used for concluding an agreement without the consumer and business operator having to meet simultaneously in the same space.

Article 2 – Identity of People & Media

People & Media B.V. H.J.E. Wenckebachweg 123 1096 AM Amsterdam Email: admin@peopleandmedia.com Chamber of Commerce number: 74875892

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from People & Media Network and to every distance contract concluded between the business operator 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, People & Media Network will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed and that they will be sent free of charge at the consumer’s request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
  4. In cases where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favorable to them in the event of conflicting conditions.

Article 4 – The Offer

  1. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If People & Media Network uses images, these are a true representation of the offered products, services, and/or digital content.
  3. Each offer contains sufficient information to make clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The Agreement

  1. Subject to the provisions in paragraph 4, the agreement becomes valid when the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, People & Media Network will immediately confirm receipt of the electronic acceptance of the offer. Until receipt of this acceptance has been confirmed, the consumer may dissolve the agreement.
  3. If the agreement is created electronically, People & Media Network will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, People & Media Network will observe appropriate security measures.
  4. Within legal frameworks, People & Media Network may inquire about the consumer’s ability to fulfill their payment obligations and all facts and factors relevant to responsibly entering into the distance contract. If People & Media Network has good grounds to not enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
  5. People & Media Network will send the following information to the consumer, in writing or in such a way that the consumer can store it on an accessible durable data carrier, no later than the delivery of the product, service, or digital content: a) The visiting address of People & Media Network where the consumer can lodge complaints b) The conditions under which and the manner in which the consumer can exercise the right of withdrawal c) Information about warranties and after-sales service d) The price including all taxes, delivery costs, and payment method e) Requirements for terminating the agreement if it has a duration of more than one year f) The model withdrawal form when the consumer has a right of withdrawal

Article 6 – Right of Withdrawal

  1. The consumer may dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. People & Media Network may ask the consumer for the reason for withdrawal but cannot require the consumer to state their reason(s).
  2. The reflection period mentioned in paragraph 1 begins on the day after the consumer, or a third party designated by the consumer in advance (who is not the carrier), has received the product, or: a) If the consumer ordered multiple products in the same order: the day on which the consumer received the last product b) If the delivery of a product consists of multiple shipments: the day on which the consumer received the final shipment c) For agreements regarding regular delivery of products during a specific period: the day on which the consumer received the first product d) For services and digital content not delivered on a material carrier: the day following the conclusion of the agreement

Article 7 – Consumer Obligations During the Reflection Period

  1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product.
  2. The consumer is only liable for value depreciation of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for value depreciation if People & Media Network has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 – Exercise of the Right of Withdrawal by the Consumer

  1. If the consumer exercises their right of withdrawal, they must notify People & Media Network within the reflection period using the model withdrawal form or in another unambiguous way.
  2. The consumer must return the product or hand it over to People & Media Network as soon as possible, but within 14 days following the notification mentioned in paragraph 1. This is not necessary if People & Media Network has offered to collect the product themselves.
  3. The consumer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with reasonable and clear instructions provided by People & Media Network.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product.
  6. If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 – Obligations of People & Media Network Upon Withdrawal

  1. If People & Media Network makes it possible for the consumer to notify withdrawal electronically, they will send an acknowledgment of receipt immediately upon receiving this notification.
  2. People & Media Network will reimburse all payments from the consumer, excluding any delivery costs charged by People & Media Network for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal.
  3. People & Media Network will use the same payment method that the consumer used for reimbursement unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.

Article 10 – Exclusion of Right of Withdrawal

People & Media Network can exclude the following products and services from the right of withdrawal, but only if People & Media Network clearly stated this in the offer or at least in good time before the conclusion of the agreement:

  1. Products or services whose price is subject to fluctuations in the financial market that are beyond People & Media Network’s control and which may occur within the withdrawal period
  2. Agreements concluded during a public auction
  3. Service agreements, after complete execution of the service, but only if: a) The execution began with the consumer’s express prior consent b) The consumer has declared that they will lose their right of withdrawal once People & Media Network has fully executed the agreement

Article 11 – The Price

  1. During the validity 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, People & Media Network can offer products or services at variable prices when these prices are subject to fluctuations in the financial market that are beyond People & Media Network’s control.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if People & Media Network has stipulated this and: a) They are the result of statutory regulations or provisions b) The consumer has the authority to terminate the agreement effective from the day the price increase takes effect
  5. The prices of products or services mentioned in the offer include VAT.

Article 12 – Performance and Additional Warranty

  1. People & Media Network guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations on the date the agreement is concluded.
  2. An additional guarantee provided by People & Media Network, their supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can enforce against People & Media Network under the agreement if People & Media Network has failed to fulfill their part of the agreement.
  3. Additional guarantee means any commitment by People & Media Network, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in case they fail to fulfill their part of the agreement.

Article 13 – Delivery and Execution

  1. People & Media Network will take the greatest possible care when receiving and implementing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to People & Media Network.
  3. With due observance of what is stated in Article 4 of these general terms and conditions, People & Media Network will execute accepted orders expeditiously but at least within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be notified about this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation.
  4. After dissolution in accordance with the previous paragraph, People & Media Network will immediately repay the amount that the consumer has paid.
  5. The risk of damage and/or loss of products rests with People & Media Network until the moment of delivery to the consumer or a pre-designated and announced representative to People & Media Network, unless explicitly agreed otherwise.

Article 14 – Subscription Transactions

  1. Subscription transactions include annual and monthly subscriptions to People & Media services.
  2. The monthly membership of People & Media begins with a free 30-day trial period. The trial period is intended for new members to try People & Media services. Monthly membership fees will be charged at the end of the free trial period unless membership is canceled before the end of the trial period.
  3. Monthly membership automatically continues each month until canceled. The consumer authorizes People & Media Network to charge the monthly membership fee via the chosen payment method on the calendar day when the paid membership began. If a monthly payment fails due to expiration, insufficient funds, or any other reason, People & Media Network may deny access until valid payment is received. The consumer remains responsible for any uncollected amount.
  4. Monthly membership can be canceled up to 15 days before the monthly billing date. After cancellation, the consumer retains access to People & Media services until the end of the current billing period. Upon cancellation, the account automatically closes at the end of the current billing period.
  5. Annual membership fees are charged immediately. A 14-day withdrawal period applies. If withdrawal is exercised and the consumer has received a physical gift with the annual subscription, it must be returned according to Articles 7 and 8. After 14 days, it is not possible to cancel the annual subscription or receive a refund. Specific terms regarding promotional gifts or bonus materials will be clearly communicated at the time of subscription.

Article 15 – Payment

  1. Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period, within 14 days after the conclusion of the agreement.
  2. Klarna handles the complete payment process for People & Media Network. This means you will receive a payment overview from Klarna. You can view and pay this overview safely and easily from your smartphone using the Klarna App. In Klarna’s online environment, you can manage your payment overviews from your computer or tablet. Klarna keeps you informed via push notifications & email when a payment overview is ready for you.
  3. For products sold with advance payment, the consumer cannot assert any rights regarding the execution of the order or service(s) before the stipulated advance payment has been made.
  4. The consumer has the duty to report inaccuracies in provided or stated payment details to People & Media Network without delay.
  5. If the consumer fails to meet their payment obligation(s) in a timely manner, after being informed by People & Media Network of the late payment and People & Media Network has granted the consumer a period of 14 days to still meet their payment obligations, after failure to pay within this 14-day period, the statutory interest will be owed on the amount still due and People & Media Network is entitled to charge the extrajudicial collection costs incurred by them.

Article 16 – Complaints Procedure

  1. People & Media Network has a sufficiently publicized complaints procedure and handles complaints according to this procedure.
  2. Complaints about the implementation of the agreement must be submitted to People & Media Network within a reasonable time after the consumer has discovered the defects, complete and clearly described.
  3. Complaints submitted to People & Media Network will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, People & Media Network will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer should give People & Media Network at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Agreements between People & Media Network and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 – Privacy and Data Protection

  1. Data Collection and Use
    • People & Media Network collects and processes personal data in accordance with our Privacy Policy and applicable data protection laws.
    • We collect only data that is necessary for the performance of our services and legitimate business purposes.
    • Personal data may include, but is not limited to:
      • Name, address, and contact details
      • Payment information
      • Usage data and preferences
      • Communication history
      • Technical data (IP address, device information)
  2. Data Protection Principles
    • We process personal data lawfully, fairly, and transparently
    • Data is collected for specified, explicit, and legitimate purposes
    • Processing is limited to what is necessary for the stated purposes
    • We maintain accurate and up-to-date data
    • Data is kept for no longer than necessary
    • Appropriate security measures protect personal

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