BOON & BLISS B.V.
Publication date: March 31, 2023
“Boon & Bliss”, also referred to as “we”, means Boon & Bliss B.V., registered at the trade register of the Dutch Chamber of Commerce under number 78196639, with its statutory address Sigrid Undsetlaan 42, 2553 DK, The Hague, The Netherlands.
"Boon & Bliss App", the Boon & Bliss mobile application available in the Google Play Store (for Android devices) and in the App Store (for Apple Devices)
“Boon & Bliss Gift” is a digital gift with monetary value, that is produced by the Boon & Bliss App as a result of an electronic money transfer by the Contributor(s) with the objective to fulfill a dream or support a goal for the Receiver.
"Boon & Bliss Services" has the meaning ascribed thereto in article 3.1 of the General Terms & Conditions.
"Cash Out" means the process of transferring the total value of the Boon & Bliss Gift in EUR currency at once to the bank account specified by the Receiver as part of the cash out process in the Boon & Bliss App.
“Contributor” is the natural or legal person who uses the Boon & Bliss App and the Boon & Bliss Services with the objective of contributing to a Boon & Bliss Gift.
"General Terms and Conditions" means these general terms and conditions, including updates, alterations and possible appendices, published on the Website.
“Giver” is the natural or legal person who uses the Boon & Bliss App and the Boon & Bliss Services by inviting Contributors and/or contributing to a Boon & Bliss Gift with the objective of digitally giving a Boon & Bliss Gift to the Receiver.
"Receiver” is the natural or legal person who digitally receives the Boon & Bliss Gift which can be cashed out through the Boon & Bliss App.
"User" means the Contributor, the Giver, the Receiver or any other natural or legal person who uses the Boon & Bliss Services.
"Website" means our website: www.boonandbliss.com.
2.1 These General Terms and Conditions and the Online Payment Platform B.V. User Terms referred to in article 3.2 apply in full to any User using or attempting to use the Boon & Bliss Services.
2.2 By purchasing or accepting a Boon & Bliss Gift, using or attempting to use the Boon & Bliss Services, the User:
3.1 Boon & Bliss Gifts are available through the Boon & Bliss App. Our Boon & Bliss App enables giving money electronically as a gift to fulfill a dream or support a goal of the Receiver, with a personalized digital unwrapping experience and an engaging feedback loop to stimulate social sharing (the "Boon & Bliss Services").
3.2 Boon & Bliss is a service platform, we are not a payment processor and we do not manage funds. We use the services of Online Payment Platform B.V., registered at the trade register of the Dutch Chamber of Commerce under number 50124498, with its statutory address, Kanaalweg 1, 2628 EB, Delft, The Netherlands, a licensed payment service provider (betaaldienstverlener) supervised by the Dutch Central Bank, to processes Boon & Bliss Gifts, all associated financial transactions and to manage the funds in a separately established foundation. The Online Payment Platform B.V. User Terms apply to the User of Boon & Bliss.
4.1 We encourage Users to utilize the Boon & Bliss App as intended in article 3.1. The use of the Boon & Bliss App in breach of legislation, treaties, regulations, directives, decisions, ordinances, codes, decrees, injunctions, resolutions and judgements of any authority in any jurisdiction applicable to Boon & Bliss or any Users, for money laundering or for the trade or exchange of any illegal products/services, for drugs or weapons, for any products/services that promote hate, violence, terrorism, harassment or abuse, for gambling services or any adult entertainment products/services is strictly prohibited.
4.2 The Contributor has the responsibility to investigate and confirm the origin of the request to contribute to a Boon & Bliss Gift and that the Receiver is the intended party. The Giver has the responsibility to investigate and confirm that the Receiver is the intended party. Boon & Bliss shall never be liable for any error or mistake by the Giver or Contributor in connection with the above.
4.3 Boon & Bliss reserves the right to cancel and suspend any suspect transactions, to remove all personal accounts associated with such transactions, and to give notice to the appropriate authorities about the suspicion of prohibited use, disclosing all related information.
4.4 The Users indemnify (vrijwaren) and hold Boon & Bliss harmless (schadeloosstellen) for and against any and all losses, damages, costs (including legal fees), claims, fines and penalties suffered or incurred by Boon & Bliss from time to time as a direct or indirect consequence of any action or omission by a User as referred to in the second sentence of article 4.1, or any non-compliance with these General Terms and Conditions or the Online Payment Platform B.V. User Terms referred to in article 3.2.
5.1 The value of each contribution to a Boon & Bliss Gift is defined by the Contributor and Giver with a minimum of EUR 5,00. All transactions are converted to EUR currency at the expense of the Receiver. All Boon & Bliss Gifts are created, held and payable in EUR. Upon purchase, the value of the Boon & Bliss Gift is held in accordance with article 3.2 for the Receiver to cash it out, which is confirmed to the Contributor and Giver by e-mail and in the Boon & Bliss App inbox. The Boon & Bliss Gift is also visible in the overview of “Dreams you have contributed to” of the Boon & Bliss App.
5.2 We strive for a smooth user experience. To secure your financial transactions and comply with legislation you will be required to provide us and Online Payment Platform B.V. with such information and details to verify the identity of the User, and the User hereby undertakes to provide such information truthfully.
6.1 To cover for our administrative, processing and transaction costs, we charge a 2% service fee on every Boon & Bliss Gift. The Receiver will be charged for the service fee upon Cash Out.
6.2 The service fee is deducted from the Boon & Bliss Gift value that is transferred to the Receiver.
8.1 The Giver can personalize the Boon & Bliss Gift by means of a video, an image or/and a text message attached to the Boon & Bliss Gift. By uploading video or image material, the Giver confirms to be entitled to distribute and reproduce the content and grants the right to Boon & Bliss to use the image material for the production and distribution of the Boon & Bliss Gift. Due to the automated process of the fabrication of such messages, no manual testing or correction of the image material and/or text message shall take place by Boon & Bliss.
8.2 The content provided by the Giver will be made available by Boon & Bliss at least 24 months after receipt. After this period, personalized content may be (partially) removed by Boon & Bliss.
8.3 The Giver is solely responsible for the submitted content used for the configuration of the Boon & Bliss Gift. Unlawful content, content that violates regulations or content that is likely to insult, defame, harass or otherwise harm other individuals, or contents to which a third party holds the intellectual property rights, is not admissible. Boon & Bliss is entitled, but not obligated, to review the content provided by the Giver. In case of violations, Boon & Bliss reserves the right to delete the content and/or decline the disbursement of the credit of the Boon & Bliss Gift without prior notice.
8.4 The Giver agrees not to upload, forward, send or otherwise transmit content containing software viruses or other computer codes, files or programs that are able to interrupt, destroy or restrain the functionality of computer software or hardware or telecommunication devices. The Giver indemnifies (vrijwaart) and holds Boon & Bliss harmless (schadeloos) from any and all losses, damages, costs (including legal fees), claims, fines and penalties suffered or incurred by Boon & Bliss as a consequence of the Boon & Bliss Gift being issued with damaging content as referred to in the first sentence of this article 8.4 or any content to which a third party holds the intellectual property rights.
Receivers of Boon & Bliss Gifts receive notice of their Boon & Bliss Gifts as a digital link via e-mail, Facebook Messenger, WhatsApp, or directly intra-App. To receive the Boon & Bliss Gift, the Receiver downloads the Boon & Bliss App, creates an account and opens the link in the Boon & Bliss App. The Boon & Bliss Gift contains the following attributes: the Contributor(s) and Giver's account name(s), the Boon & Bliss Gift value, a dream (or a goal) that the Boon & Bliss Gift is intended to contribute to, a personalized message from the Giver (as specified in article 8), and a digital unwrapping theme (if selected by a Giver).
After the Receiver opens the Boon & Bliss Gift and views the attributes of the Boon & Bliss Gift, the Receiver has the option to accept or to decline the Boon & Bliss Gift. If the Receiver chooses to decline a Boon & Bliss Gift, the Boon & Bliss Gift value will be reimbursed to the Giver and the Contributor(s) account(s).
11.1 The Giver of the Boon & Bliss Gift specifies the dream (or goal) for which the Boon & Bliss Gift value is intended. The Receiver is free to use the Boon & Bliss Gift at his or her own discretion. The Receiver can transfer the total Boon & Bliss Gift value in EUR currency at once to the bank account specified by the Receiver as part of the Cash Out process in the Boon & Bliss App. The Receiver is encouraged but not obliged to share with the Contributor(s) how the Boon & Bliss Gift value was used after redemption.
11.2 In order to comply with the European Know Your Customer- and Anti-Money Laundering regulation a Receiver shall be requested by Boon & Bliss to identify themselves in case:
A Receiver shall only once be requested by Boon & Bliss to identify themselves as set out in this article 11.2. unless otherwise requested by law.
11.3 The Cash Out is completed ultimately within 3 business days, depending on the banking processing times and validation checks according to Know Your Customer- and Anti-Money Laundering regulations and subject always to these validation checks not revealing any objections to making the payment.
Boon & Bliss Gifts have no expiry date and the value of the Boon & Bliss Gift remains valid indefinitely. No service or dormancy fees will be charged to the Contributor or Receiver, except those mentioned in article 6. No interest rate is applicable for the value of the Boon & Bliss Gift.
Boon & Bliss is not responsible or liable for the unauthorized erroneous use of Boon & Bliss Gifts caused by the erroneous act or omission of the Giver, a Contributor or Receiver, including but not limited to erroneous entry of email address, WhatsApp number, Facebook account, Boon & Bliss user account or banking details entry. Should such erroneous acts occur, Contributor or Receiver will contact Boon & Bliss via e-mail (email@example.com) immediately and Boon & Bliss will make all reasonable efforts to mitigate the consequences.
14.1 Boon & Bliss Gifts are refundable to the Contributor and Giver solely in case the gift is declined by a Receiver as specified in article 10 and pro rata to their respective contribution to the Boon & Bliss Gift.
14.2 The User waives its rights to nullify (vernietigen) in whole or in part by way of out-of-court declaration (buitengerechtelijke verklaring) or otherwise its agreement with Boon & Bliss, under articles 6:228 and 6:230 of the Dutch Civil Code.
Boon & Bliss reserves the right to change the General Terms and Conditions to reflect changes in the law, to meet regulatory requirements, or to reflect changes in the Boon & Bliss Services. Users will be notified of such changes in the Boon & Bliss App, a recent copy of the General Terms and Conditions is always available in the Boon & Bliss App and on our Website.
17.1 Boon & Bliss shall not be liable for loss, theft, destruction, erroneous or improper use of Boon & Bliss Gifts (for example as result of a breach of article 4.1 or 4.2), unless this is the result of fraud or gross negligence on the part of Boon & Bliss.
17.2 Boon & Bliss cannot be held liable for loss of turnover, profit, expected profit, contracts, income, goodwill or expected savings, loss of details or use of details, consequential loss, extraordinary loss or indirect loss, including if it has been informed of the possibility of such loss.
17.3 Boon & Bliss cannot be held liable for any action or omission by Online Payment Platform B.V. resulting in any losses, damages, costs, claims or other detriment suffered or incurred by a User.
17.4 Without the prejudice to the General Terms and Conditions, Boon & Bliss' liability towards any User is in any case limited to the amount of the balance of the Boon & Bliss Gift save for cases of fraud or gross negligence by Boon & Bliss.
17.5 Boon & Bliss shall not be liable for any losses, costs, damages, claims or other detriment suffered or incurred by a User, unless the User gives notice thereof to Boon & Bliss at firstname.lastname@example.org setting out in reasonable detail the circumstances causing such detriment, within twelve (12) months after discovery by the User thereof.
18.1 Except where prohibited and without limitation to any statutory rights for consumers, any dispute between a User and Boon & Bliss shall be governed in all respects under Dutch law. All disputes, claims and legal proceedings directly or indirectly arising out of or relating to the purchase or use of the Boon & Bliss Gift shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of the Netherlands.
18.2 We encourage the User to refer to the Online Dispute Resolution website of the European Union (http://ec.europa.eu/odr/), to support consumers and traders to resolve disputes out-of-court.
Boon & Bliss B.V.
Sigrid Undsetlaan 42
2553 DK The Hague
CoC no.: 78196639