Ludduvuddu - General terms & conditions

1.    General, applicability
1.1    Ludduvuddu B.V. (Ludduvuddu) is a private limited company incorporated under Dutch Law with its registered office at Lange Leidsedwarsstraat 214 sous, 1017 NR, Amsterdam, The Netherlands. Ludduvuddu is registered at the Chamber of Commerce in Amsterdam under number 52759903.

1.2    Definitions:
A.    Supplier: an actual supplier of Products sold via the Webshop or of Products which form part of the Service(s) as part of a Package provided by Ludduvuddu.
B.    General Terms & Conditions: these General Terms and Conditions.
C.    Content: (digital) information such as text, data, moving, static and graphic images, audio recordings and information in any other form, such as advertising and games, located on Ludduvuddu.com and appearing in the material sent by Ludduvuddu.
D.    Service: any service provided by Ludduvuddu to the User as further defined in Article 3 of these General Terms & Conditions.
E.    Event: an event organised by Ludduvuddu.
F.    User: a natural or legal person who purchases a Service, a Package or a Product from Ludduvuddu.com for his or her self or for someone else.
G.   Agreement: any agreement under which Ludduvuddu supplies its Service(s), Package(s) or Product(s) to a User.
H.    Package: a package of Services put together by Ludduvuddu. These shall include (but are not limited to) a Big Heart Package, a Small Heart Package, an Online Coach and The Not So Happy Box.
I.     Product: a product supplied by either Ludduvuddu or a Supplier as part of a Package or sold via the Webshop.
J.    Webshop: the webshop operated by Ludduvuddu via its Website.
K.    Website: the website Ludduvuddu.com and the online platform which Ludduvuddu uses to promote, offer and supply its coaching and other Services, Packages, Events and Products to Users.

1.3    If any provision under these General Terms & Conditions is found to be invalid or unenforceable, it shall be replaced by a valid provision that best reflects the intended purpose of the invalid or unenforceable provision. The remaining provisions shall be unaffected.

1.4    Any apparent clerical errors and mistakes found on the Website, or in emails sent by Ludduvuddu or other materials shall not be binding upon Ludduvuddu. Ludduvuddu is in no way liable for any damages caused by such an obvious error or mistake.

1.5    Ludduvuddu has the right to change its General Terms & Conditions. This will be done by placing the new, modified General Terms & Conditions on the Website. For this reason, the User should regularly consult these General Terms & Conditions.

1.6    Ludduvuddu is entitled under the Agreement to transfer its rights and obligations (or a part thereof) to a third party without the prior consent of the User.

2.    Acceptance of the General Terms & Conditions, offers and agreement
2.1    Acceptance of these General Terms & Conditions by means of the User clicking on the 'I accept' button on the Website shall result in these General Terms & Conditions being expressly applicable to the Agreement between the User and Ludduvuddu in relation to the provision of Service(s), Packages and Products.

2.2    All offers made by Ludduvuddu are without obligation. If an offer has a limited duration or if additional conditions are attached, this shall be made explicitly clear in the offer on the Website. An offer shall expire if the Service/Package or the Product to which the offer relates is no longer available.

2.3    The Agreement between Ludduvuddu and the User is created at the moment that the User either for itself or on behalf of another places an order via the Website for a Service, Package and/or a Product and pays for such order, should that be a condition for such a Service, Package or Product.

3.    Description of and further provisions in relation to the Service(s)
3.1    The Service(s) provided by Ludduvuddu can be described as an online Coach for the broken hearted. In this context Ludduvuddu operates a website/platform that aims to heal the broken heart of a User or a friend of the User. This is done by sending personal tips, tricks and tools daily, by mail or email, to the User or their friend for a period of four weeks/28 days in order to empower the receiver to fight their way through every phase of a broken heart. This service is free but can be supplemented with different Packages and/or other paid Services as detailed on the Website. Payment methods for these Packages are indicated on the Website (by Ideal or credit card). Furthermore, as part of the Services Ludduvuddu intends to organise Events under the brand name Ludduvuddu Events.

3.2    In order to make use of the Service, a User must register themselves (or a friend) in accordance with the procedure set out on the Website. If a friend is specified, this person becomes a User for the purposes of these General Terms & Conditions. When registering, a password and email address are required. The User is responsible for ensuring that his or her own email address or the email address of the person on whose behalf the Service is requested is correct. In addition, a number of questions must be completed in order to create a Ludduvuddu user profile and to ensure that the Service can be specifically tailored to the individual. After registration the User will receive an email from Ludduvuddu containing an explanation of the Service and (if appropriate) other information such as a personal message from one User to another User if the latter did not register themselves.

3.3    Once the User has received the email from Ludduvuddu as set out in Article 3.2 they will then get access to their own User’s dashboard where all the personal tips, tricks and tools received from Ludduvuddu will be displayed. This section of the Website/platform may also display adverts which have been specifically selected for the User. If the User has registered for the Service on behalf of a friend and does not use the Service themselves then this User will also have a so called Friend Dashboard. This allows the User to see how their friend is doing. This also allows a User to send another User (friend) an extra gift or a so called ‘Little acts of support’ to cheer the User up. Such a Support is created by the User and can, for example, be a tip as to somewhere to go possibly with an appropriate web-link attached. The User hereby gives Ludduvuddu permission to use such user-created Supports for other Users except where such Support contains personal details or photographs.

3.4    On the creation of a password on the Website a User can log into his or her own dashboard via email or through Facebook Connect or other possible tools.

3.5    A User can unsubscribe at any time by using the so called ‘Ho-Stop’ button on the Website. If the User has purchased a Package for him or herself Ludduvuddu will ensure that any outstanding gifts shall be sent at once to the User. If the User had purchased the Service for a friend but that friend does not accept the Ludduvuddu confirmation email then Ludduvuddu shall send the relevant gifts in a single mailing to the User who originally registered for the Service.

3.6    If a User is specified by another User but does not want to use the Service(s) he/she can at any time unsubscribe via the Ho-Stop button on the Website or by sending an email to Ludduvuddu at nothappy@ludduvuddu.com On receiving such a request, Ludduvuddu will immediately delete the relevant User account.

3.7    If the User is younger than 18 years old parental consent is required before making use of the Service(s). An underage User must be able to demonstrate that they have received such consent if requested to do so by Ludduvuddu.

3.8    Performance of the Agreement on the part of Ludduvuddu shall be to the best of its ability and in accordance with the expectations generated by the quality of the look, image and brand experience created by Ludduvuddu. Ludduvuddu offers no guarantee that at the end of the Agreement the User’s broken heart will in fact be healed and the heartbreak completely disappeared. Ludduvuddu has an obligation to the User and not as to the result.

3.9    The User’s performance of the Agreement and the putting into practice of the personal tips, tricks and tools provided by Ludduvuddu as part of the Service shall be entirely the User’s own responsibility, at their own risk and for their own account. In accordance with Article 7 of these General Terms & Conditions Ludduvuddu accepts no liability whatsoever for any damage that may arise as a result of the implementation of the Agreement by the User.

3.10     In order to provide the gifts which form part of the Packages and the Products sold via the Webshop Ludduvuddu has the right to use Suppliers. These Suppliers are selected by Ludduvuddu with the greatest of care. Ludduvuddu accepts limited responsibility in accordance with the relevant statutory regulations for the Products supplied by these Suppliers and, if relevant, other services provided by the Suppliers that Ludduvuddu offers via its Website.

3.11    Should any User have a complaint with regards to any Services or Products provided by Ludduvuddu they are kindly requested to make such complaint known to Ludduvuddu as soon as possible using the following email address: nothappy@ludduvuddu.com

4.    Price, payment and collection costs
4.1    Prices quoted in offers and on the Website are in Euros and include BTW but exclude postage unless otherwise stated on the Website.

4.2    Payment to Ludduvuddu shall be made by the User using any of the payment methods indicated on the Website. These shall include payment by Ideal or credit card. Once a payment has been made the User will receive a confirmation of payment by email. Completion of the registration process and the performance of a Service shall only take place once payment has been received.

4.3    If the amount paid by the User is, in Ludduvuddu’s opinion, wrongly cancelled or payment is not otherwise duly made within 14 days of the creation of the Agreement, the User shall be in default without further proof being required and Ludduvuddu shall be entitled to charge the statutory interest rate. In such a case Ludduvuddu is entitled to suspend the Agreement with immediate effect without the need of further judicial intervention. The interest on the amount due shall be calculated from the moment that the User defaults until the moment of settlement of the full amount. In the absence of timely payment, the User is also liable for all reasonable legal and other non-legal costs.
 

5.    Guarantee
5.1    Ludduvuddu confirms that all Products supplied through its Webshop and all other Products conform to the Agreement, to any other specifications set out in an offer, to the reasonable requirements of reliability and/or usability and to all existing legal provisions and/or government regulations as at the date of the Agreement.

5.2    Any warranty given by Ludduvuddu, a Supplier, a manufacturer or an importer of a Product shall not affect the legal rights of the User or any claim the User may have against Ludduvuddu under the Agreement.

5.3    All forms of guarantee shall automatically lapse if a defect is caused by improper use or wear and tear.

6.    Duration and termination of the Agreement
6.1    The Agreement is for a fixed term of 4 weeks (28 days) unless otherwise agreed.

6.2    Subject to the provisions of Article 3.5 of these General Terms & Conditions, the User is entitled to immediately terminate the Agreement via the so called Ho-Stop button on the Website or by sending an email to nothappy@ludduvuddu.com

7.    Liability
7.1    Ludduvuddu excludes any liability for all direct, indirect and consequential damage of any kind howsoever caused, arising from or relating to the use of the Website and the Services, in particular due to the use of the opportunities the Website offers or from seeking access to any other information through links to external web pages from the Website, or by the temporary unavailability of the Website to consult with, except to the extent that the damage was caused intentionally or by the deliberate recklessness of Ludduvuddu.

7.2    Any liability of Ludduvuddu arising out of or related to a shortcoming or wrongful act or based on any other legal grounds, is limited to direct damages up to the value of the Agreement.

7.3    Ludduvuddu is not liable for damages of any kind arising as a result of false or incomplete information provided by the User.

7.4    Ludduvuddu is not liable to the User for indirect damages, including but not limited to consequential damages, lost profits and lost revenues.

7.5    The limitations of liability as set out in this Article do not apply if the damage is due to intent or gross negligence on the part of Ludduvuddu or if Ludduvuddu is liable under the product liability provisions as set out in Article 6:185 of the Civil Code.

8.    Force majeure
8.1    Ludduvuddu is not obliged to fulfill any of its obligations towards the User if it is hindered by a force majeure.

8.2    Force majeure is present if a shortcoming on the part of Ludduvuddu is due to circumstances beyond its control, including but not limited to the case of war or similar situations, riots, sabotage, boycotts, strikes, occupation, blockade, or illness of Ludduvuddu’s staff, failure of suppliers and/or delivery companies used by Ludduvuddu, acts of government (including foreign governments) such as a transport, import or production ban, natural disasters, bad weather, lightning, fire, explosion and the discharge of hazardous substances or gases. Ludduvuddu also has the right to invoke force majeure if the circumstance rendering (further) performance of the Agreement occurs after Ludduvuddu was required to perform ts obligations.

8.3    During the period that the force majeure situation exists, Ludduvuddu shall be entitled to suspend its obligations to the User under the Agreement. If this period continues for more than two months either party is entitled to terminate the Agreement without liability to pay compensation to the other party.

9.     Intellectual Property
9.1    All intellectual property rights, including (but not limited to) copyrights,
trademark rights and design rights, connected with or arising from the Agreement, the Content, the Website, the Ludduvuddu Services, Packages and/or the Products designed by Ludduvuddu belong solely to Ludduvuddu.

9.2    Except with the express prior written consent of Ludduvuddu the User is not granted any of Ludduvuddu’s intellectual property rights and may not modify, publish, reproduce or exploit in the broadest sense any recording thereof on data carriers.

10.    Personal details
10.1    The personal details provided by the User in relation to themselves or a friend they have registered as another User will be included in Ludduvuddu’s database. This information will only be used by Ludduvuddu in the performance of this Agreement .

10.2    The personal data will not be provided to third parties other than where necessary to implement the Agreement (for example to the postal company for the delivery of Products).

11.    Applicable law and competent court
11.1    All quotes, offers, agreements and other legal relations of/with Ludduvuddu are exclusively governed by Dutch law.

11.2    Any disputes shall be exclusively submitted to the competent court in Amsterdam.
 

These general conditions were last updated 31 January 2012.