Terms and Conditions
These terms and conditions (hereinafter: Conditions) apply to the partnership with ShoppingTomorrow.
Article 1. Definitions
In these Conditions, the definitions below, always written with an initial capital letter and used in both singular and plural, have the following meaning:
- Conditions: these Conditions;
- ShoppingTomorrow: a trade name of Thuiswinkel B.V., established in Ede and registered at the Chamber of Commerce under number: 09164361;
- Assignment: the assignments agreed upon by person and carried out by Partner within the partnership;
- Partner: the person who enters into the Agreement with ShoppingTomorrow;
- Agreement: the Agreement to Assignment, as agreed between Partner and ShoppingTomorrow;
- (Other) Party: ShoppingTomorrow or Partner;
- Parties: ShoppingTomorrow and Partner.
- Chairperson: Chairperson of an expert group
- Host: Sponsor of an expert group
Article 2. Partnership and exploratory talks
The partnership that Partner can enter into with ShoppingTomorrow can take on various forms. Within the partner program, for example, there are premium participants and experts.
Exploratory communication regarding a potential partnership is without obligation and does not compel the Partner or ShoppingTomorrow to anything. This also means that ShoppingTomorrow is free to negotiate with other partners.
Article 3. Acceptance and implementation of the partnership
- Partner will implement the partnership to the best of their knowledge and ability and in accordance with the requirements of good workmanship. Partner hereby vouches for their commitment to make ShoppingTomorrow a success. The partnership is carried out on your own time and at your own expense.
- After registering as an expert on the website, Partner will be asked in an invitation if he agrees to participate in ShoppingTomorrow. The agreement is deemed to have been accepted if Partner agrees to participate in an expert group. Or if ShoppingTomorrow can reasonably regard Partner's conduct as consent.
- Partner is obliged to do and not do everything that is reasonably necessary and desirable to enable timely and correct implementation of the agreement within the partnership. In particular, Partner will ensure that all data that ShoppingTomorrow indicates as required, or that the Partner should reasonably understand to be necessary for the performance of this agreement, will be provided to ShoppingTomorrow in a timely manner.
- Partner guarantees to be authorized to works and materials and to be authorized to provide these to ShoppingTomorrow under license. Partner is liable and indemnifies ShoppingTomorrow for the full damage suffered by ShoppingTomorrow if it appears that Partner is not entitled to or is not authorized to grant the license.
- ShoppingTomorrow is authorized to edit the supplied materials on structure, grammar and spelling. Changes to content will be made in consultation with Partner.
- Partner gives ShoppingTomorrow permission, for the duration of the ShoppingTomorrow program, to use its name and logo in the context of promotional activities of ShoppingTomorrow.
- Partner must notify ShoppingTomorrow of any relevant changes to its details, such as changes to address and billing information, as soon as possible, but in any case at the first request of ShoppingTomorrow.
Article 4. Distribution of materials
- Partners are encouraged to communicate via various channels about the created materials. Whenever Partner communicates about the created materials or the expert group, ShoppingTomorrow must always be mentioned.
- Partner is not permitted to offer the created materials (documents, blue papers) as a download or to publish them in full, except in the case of developed websites or tools. The ShoppingTomorrow website remains the only place where the created materials can be downloaded.
Article 5. Termination of agreement
- The Host or Chairperson of an expert group has the authority to terminate this agreement at any time. He can do this if Partner acts contrary to this agreement or does not act in accordance with the reasonable guidelines of host and chairperson.
- This agreement shall end as a matter of law, after the ShoppingTomorrow research year in which Partner participates has been completed. Participation in a new research year is not guaranteed.
- This agreement ends if Partner indicates in writing to Host, Chairperson or ShoppingTomorrow that he no longer wishes to participate in the expert group.
Article 6. Liability
- Parties accept legal and contractual obligations for compensation only to the extent that this becomes clear from this article.
- Partner can only be held liable if he has provided works and materials to Host, Chairperson or ShoppingTomorrow of which he is not rightfully entitled.
- Partner is liable and indemnifies ShoppingTomorrow for the full damage suffered by ShoppingTomorrow if it appears that Partner is not entitled nor authorized to grant the license.
- The amount of any compensation that can be reimbursed by the Party on the basis of the preceding paragraphs is capped at the amount paid out by the Party's liability insurer, plus its deductible under that insurance. If the insurer does not pay out in any case, the liability for the total damage resulting from or in connection with the agreed partnership is limited to the amount of 1000 euros (in words: one thousand euros) per event, with a maximum total for all events of 10,000 euros (in words: ten thousand euros), whereby a series of events is regarded as an event.
- The exclusion and limitation of liability, as referred to in the preceding paragraphs, does not apply if and insofar as the damage is the result of intent or deliberate recklessness on the part of one of the Parties or its management.
Article 7. Confidentiality
- Partner will treat information that he receives during the research year of ShoppingTomorrow confidentially when this information is designated as confidential or when the recipient knows or should reasonably be aware that the information was intended as confidential.
- Every obligation of confidentiality expires when the information is available from public sources. The obligations under this article also continue to exist after termination of the Agreement or the ShoppingTomorrow program for any reason, and for as long as the providing Party can reasonably claim the confidential nature of the information.
Article 8. Changes to these Conditions
- Provisions or conditions set by Partner that deviate from, or do not appear in, these Conditions are only binding for ShoppingTomorrow if and insofar as ShoppingTomorrow has explicitly accepted them in writing.
- ShoppingTomorrow reserves the right to change or amend these Conditions.
- Changes also apply to Agreements that had already been reached, with due observance of a period of 30 days after the announcement to Partner.
- ShoppingTomorrow will seriously consider any objections from Partner reported within said period and may withdraw or amend the relevant changes based on these objections. If ShoppingTomorrow does not respond to an objection, Partner will be entitled to terminate the Agreement at the end of this period.
Article 9. Pertinent law and disputes
- Dutch law applies to all legal relationships between ShoppingTomorrow and Partner.
- Should disputes arise as a result of the Agreement that cannot be settled amicably, these will be submitted to the court in the Central Netherlands, location Utrecht.