Welcome to www.AviMarkt.nl (the “Website”) and thank you for your visit.
These terms of use (the “Terms of Use”) apply from November 29, 2019 to any use of the website www.AviMarkt.nl (the “Website”) (both via your computer and via mobile equipment or any other software application), on all services offered by AviMarkt and on all agreements entered into by AviMarkt for the use of the Website and the services.
By visiting our Website you agree to these Terms of Use. AviMarkt recommends that anyone who uses the Website or one of these services (a “User”) read these Terms of Use in advance. AviMarkt may change these Terms of Use from time to time. We therefore recommend that you read them regularly.
Our Privacy Statement explains how we handle your personal information and how we protect your privacy when you use our Website.
The services of AviMarkt are only accessible to minor Users if they have received permission from their legal representative or it is customary in society that a certain minor of this age performs the relevant act independently.
The content of the Website may not be copied, reproduced and / or made public by the User except for RSS feeds for personal use and / or news messages up to a maximum of 100 Ads or 100 hyperlinks to Ads. This means, for example, use in personal web blogs or other personal websites. The User is not permitted to change the content of the Website, other than described in these Terms of Use.
The User is not permitted to collect the personal data of Users who place an Advertisement on the Website (“Advertisers”) (including e-mail addresses and telephone numbers) and / or to approach Advertisers for offering their own products and / or services.
AviMarkt’s database right rests on the Ads database. This means, among other things, that the User is not permitted to request and reuse a substantial part of the contents of the Advert Database and / or to request non-substantial parts of the contents of the Advert Database repeatedly and systematically and reusable within the meaning of the Database Act, unless the above-mentioned exception for personal use and / or news items has been met. The User is also not permitted to display hyperlinks to Advertisements on another website, unless prior written permission has been obtained from AviMarkt, or unless the above-mentioned exception for personal use and / or news items has been met.
Unless AviMarkt has given permission for this (for example in the case of API partners), it is not permitted to place Ads on the Website via an automated system, or in any way other than via the “Place Advertisement” button.
It is not permitted to place advertisements on behalf of or on behalf of third parties, unless AviMarkt has given permission for this (for example in the case of API partners).
For your safety and to prevent abuse, email addresses are protected by AviMarkt. Your response to an advertisement and any follow-up messages between buyer and advertiser are sent via the servers of AviMarkt.
For reporting illegal and infringing advertisements, offensive content and other problems, we request that you use the “Report” button that you can find at the top of the advertisement; together we can ensure that the site remains as clean and safe as possible. Complaints about scams can be reported via our Contact form.
If we receive instructions and / or complaints from other users or if for other reasons we believe that a particular User is not acting in accordance with the law and / or the Terms of Use and / or the Privacy Statement, then we can – if we see reason to do so – for safety reasons and to protect our users, among other things take the following measures. AviMarkt can also take these measures if you make unreasonable use of the Website, for example if your use hinders other users or disrupts the proper functioning of the Website:
In the context of the above measures, AviMarkt can process the personal data of those involved. If there is reason to do so, AviMarkt can, within the limits of the law, pass on the personal data of those involved, for example to the police.
We cannot guarantee that our services will always meet your expectations. We also cannot guarantee that the Website will function without errors and / or that continuous and / or secure access to the Website or parts thereof can be obtained.
All information and numbers on the Website are subject to spelling or typing errors.
We exclude, to the extent permitted by law, liability for all damage suffered by a User as a result of
(i) use of the services of AviMarkt;
(ii) the Website or parts thereof not being or not being securely available;
(iii) incorrect information on the Website;
(iv) purchase of services from third parties or use of purchased products via the Website; or
(v) changes to the services of AviMarkt or changes to or on the Website.
If we are liable for whatever reason, then our liability is limited to a maximum of a) the total compensation paid by the User to AviMarkt during the 6 months prior to the act that caused the liability, or (b) € 150, whichever is higher.
AviMarkt can change the Website or parts thereof at any time. We can also change or terminate our services at any time. We will endeavor to announce such a change or termination within a reasonable period of time before it is implemented.
The Website contains references to the websites of third parties (for example by means of a hyperlink or banner). AviMarkt has no control or influence over the content of these websites. The (privacy) rules of that website apply to these websites. If you have questions about these rules from third-party websites, please refer to their respective websites. This also applies to using the services of external service providers, such as third-party payment services. The use of these services will then fall under the (privacy) rules of the relevant service provider.
Complaints about the services of AviMarkt can be submitted using the contact form. Complaints must be submitted within a reasonable time after you have found a defect in the service, whereby a period of 2 months will in any case be timely. Complaints must be submitted fully and clearly described. We will endeavor to respond within 14 days of submitting the complaint. In case this is not possible, we will give you an indication of the response time within 14 days of submitting the complaint.
JH Bird Events B.V. (“AviMarkt”) is located at Kampweg 9A, 5469 EX in Erp (Keldonk). AviMarkt has telephone number 0413-211784, VAT number NL859408000B01 and is registered with the Chamber of Commerce under number 73223611.
AviMarkt can change the Terms of Use or parts thereof at any time. AviMarkt will endeavor to announce such a change within a reasonable period of time before entry into force. The changes will take effect within a reasonable period of time after they have been announced, or after you have again used the Website and / or the services of AviMarkt after the change, whichever is earlier.
If we do not enforce a provision in the Terms of Use, this does not mean that we waive the right to enforce this at a later time or against another User. Agreements that deviate from the provisions of the Terms of Use are only valid if they have been confirmed in writing by AviMarkt. If one or more provisions of the Terms of Use is declared invalid by a competent court, this does not affect the other provisions of the Terms of Use.
Notices to AviMarkt (other than with regard to infringing or otherwise unlawful Advertisements) can be addressed to JH Bird Events B.V., Kampweg 9A, 5469 EX in Erp (Keldonk). Notifications to Users will be sent to the specified e-mail address, or by registered mail if there is reason to do so and an address is available. Notifications made by registered mail will be deemed to have been received 5 (five) working days after the date of shipment.
These Terms of Use constitute the entire agreement between JH Bird Events B.V. and you and replace all previous agreements. The agreements that follow from all services of AviMarkt and the Terms of Use are governed by Dutch law. In the event of a dispute arising from these agreements or from the Terms of Use, only the court in Amsterdam will be competent, unless the dispute has been submitted to the Consumer Disputes Committee. You can also submit your complaint to the Disputes Committee via the European ODR Platform. If the User acts as a consumer (a natural person who does not act in the exercise of a profession or business), then this User also has the option to settle the dispute within one month after AviMarkt invokes the jurisdiction of the Amsterdam District Court. by choosing the competent court according to the law.
Users may be asked to give an assessment of an Advertiser with whom they have communicated about an advertisement, have had a lot of interaction, and assess by means of ‘Experiences’. The rating given consists of a number of stars and a standard text that the user chooses. The assessment is publicly visible after it has been given.
AviMarkt has no influence on the reviews via Experiences. It may happen that an assessment does not accurately reflect the actual situation.
A review:
AviMarkt is a platform where an Advertiser can place Ads and a User can view these Ads.
AviMarkt is not a party to the agreement that is concluded between an Advertiser and a User. Advertisers and Users must resolve mutual disputes themselves.
2.1 Advertisements placed by an Advertiser on the Website must comply with the following general rules.
2.2 Creating an advertisement:
2.3 Advertising content that is not allowed:
2.4 Illegal or illegal products or services
It is not permitted to offer products that are illegal or unlawful or whose trade is prohibited. It is also not allowed to offer services whose execution is illegal or unlawful.
Both Advertiser and User must always pay attention when offering and responding to products and services. Advertisers and Users are expected to know the laws and regulations in the field of the relevant product or service. If in doubt, we recommend that you obtain further information or advice, for example on the website of the relevant supervisor.
2.5 No infringement of intellectual property rights of third parties
(i) infringes on the copyright of another party, such as the copyright on software or music, or on a painting or photo made by another party, without the permission of that other party;
(ii) infringes the trademark right of another party, such as a garment with a logo of that other party placed without permission; or
(iii) infringes the design rights of another party, such as a bag that has been copied without the permission of that other party.
3.1. My AviMarkt
An Advertiser places his Advertisement via the ‘+ advertisement’ button on the Website. Before an Advertiser can place an Ad, he must first log in.
When creating a user account, it is not allowed to choose an advertiser name that contains a [url] or part of a [url].
It is not permitted to provide your login details to third parties. It is not allowed to use third-party login details for placing advertisements.
3.2. Realization Advertising Agreement between AviMarkt and Advertiser
3.3. Period that an advertisement remains on the Website
Advertisements for which no special rules apply will remain on the Website for at least 28 days, provided that the applicable (payment) conditions are met and the Advertiser does not remove the Advertisement itself.
If the product offered in the advertisement is sold, the advertisement must be removed. When selling the product offered in the Advertisement, the Advertising Agreement between you and AviMarkt ends and AviMarkt has fully complied with its obligations under the Advertising Agreement.
3.4. Stand out
When drawing up the Advertisement, the Advertiser has the option to ‘Highlight’ his Advertisement, or ‘place it up’.
4.1 The placement of an Advertisement may in certain cases be subject to the right of dissolution as referred to in Article 6: 230o of the Dutch Civil Code.
4.2 The right of dissolution is in any case not applicable to Advertisements that have been (i) removed from the Website or (ii) have been placed by Users who have been placed on the basis of the provisions of the Terms of Use (including on the basis of Chapter I, Article 6) excluded from the services of AviMarkt or for which certain restrictions apply.
4.3 Unless otherwise agreed, you agree that an Advertisement will be placed immediately, during the legal dissolution period. This has consequences for any applicable termination right. You also declare that you waive any applicable termination right as soon as AviMarkt has complied with the Advertising Agreement.
4.4 If the cancellation right referred to in Article 4.1 applies to the advertisement you have placed, you agree that if you use your cancellation right, you will owe AviMarkt a proportional fee for the services provided by AviMarkt. In certain cases, this proportional fee will be calculated based on the number of days remaining during your use of your cancellation right from the agreed advertising period and / or the average number of bids on products or services for Ads in the same section, such as from AviMarkt from time to time is set.
4.5 If you make use of the right to cancel, AviMarkt will refund the price of the service, reduced by a proportional fee, to you within 14 days of your request for termination.
5.1. Unless otherwise provided in these Terms of Use, a bid for a product or service in an Advertisement is not binding. An Advertiser is not obliged to accept such a (reasonable) bid. If such an offer is accepted by an Advertiser, this does not oblige the bidder to purchase.
5.2. If the advertisement is deleted due to the expiration of the placement period or for any other reason, the corresponding bids will also be deleted.
5.3. It is not permitted to place bids with Ads for the sole purpose of disrupting the bidding process.
6.1. An Advertiser may not oblige a User in an Advertisement to use certain payment methods.
6.2. An Advertiser is not permitted to state only part of the price in the price field of the Advertisement. The asking price stated in the price field must include all costs (items) that are unavoidable for the User. This means that all costs that the User must necessarily incur in order to purchase and use the product offered, or to purchase the service offered, including but not limited to mandatory delivery costs, taxes, transfer costs and preparation costs, must be in the stated asking price including.
6.3. Advertisers who as an entrepreneur offer their goods and services to private individuals are obliged to state prices including VAT in an advertisement on the basis of Article 38 of the Dutch Sales Tax Act.
7.1. Reports of Advertisements in violation of the Terms of Use
8.1. Advertisers and Users must conduct sufficient research themselves and be sufficiently informed before they place an Advertisement on the Website. We do not check the quality of the content of the Advertisement, the safety or legality of the advertised products or services, the accuracy of the offers, the power of Advertisers to sell products or offer services and / or the Users’ authority to purchase products or to purchase the services. AviMarkt does not guarantee this.
8.2. AviMarkt also cannot guarantee that the products or services offered by Advertisers on the Website meet your expectations.
9.1. Every User indemnifies AviMarkt against claims from third parties with regard to damage suffered by;
(i) entering into an agreement based on an Advertisement,
(ii) the use of products purchased through the Website; and
(iii) the use of services offered via the Website; and
(iv) the (alleged) infringing and / or otherwise unlawful nature of the (content of the) Advertisement and / or the delivered product.
9.2. The conditions for limiting AviMarkt’s liability are set out in Chapter I, Article 7.
10.1. AviMarkt may change the Website or parts thereof, including the duration of advertising, the options for extension, the layout of the groups and sections, the layout of the Website and search options, at its own discretion at any time. We will endeavor to announce such a change within a reasonable period of time before it is implemented.
11.1. AviMarkt may use the Advertisement and its content for its own publicity purposes. This means, among other things, that an Advertisement or a part thereof can be displayed by us through other distribution channels, such as on websites that are part of JH Bird Events B.V. (such as www.zwollevogelmarkt.nl), third-party websites, in print media or on television.
11.2. By placing an advertisement, you automatically provide AviMarkt with a free, worldwide, irrevocable, sub-licenseable and transferable license to use, multiply, distribute and make public the advertisement and / or (parts of) its content (and allow third parties to use and reproduce) for marketing, promotional and / or advertising purposes. You guarantee that you are authorized to provide this license.
11.3. For publicity purposes, we may provide third parties with access to an Advertisement to enable them to promote this and other Ads on third-party websites, via e-mail, and through other channels. These promotions may contain (parts of) the advertisement.
11.4. The layout of advertisements can be changed in such a way that the advertisements are accessible from mobile devices or other third-party software applications.
11.5. The Website contains references (for example by means of a hyperlink or banner) to the websites of third parties. These references can also be placed in or next to an advertisement. AviMarkt has no control or influence over the content and policy of these websites. The (privacy) rules of that website apply to these websites.
Paid Ads
1.1. When choosing the category or option, the corresponding price will be announced, if applicable. On the packages page you will find an overview of the costs for placing a featured advertisement and raising an advertisement (Bump-ad). You can request a package via the contact form on this page. You will then receive the instructions for processing the payment and topping up your account.
1.2. The obligation to pay the price applies from the moment of purchasing the package. If the payment is not paid or is not paid in time, AviMarkt is entitled to remove the placed Advertisement and to still charge the amount due. AviMarkt is entitled to suspend or terminate your use of the Pay service with a click and / or other services if direct debits cannot be executed or canceled due to your fault, regardless of the reason. In that case AviMarkt is entitled to block your account number for future collection orders on AviMarkt.
1.3. If payment is not made on time, AviMarkt is also entitled to charge statutory trading interest. In the event that the Advertiser concerned fails to pay the full amount due after a reminder, AviMarkt is entitled to call in a collection agency and to block the services of AviMarkt for the Advertiser in question. The judicial and extrajudicial costs of collection will be borne by the Advertiser.
1.4. AviMarkt can change (parts of) the Website and the services at any time. We can also stop our services. We will endeavor to announce such a change or cancellation within a reasonable period of time before they are implemented.
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