GENERAL TERMS AND CONDITIONS

Introduction
The registered company RCKIVE BV provides in photo prints, photo subscriptions and photo related products through its app RCKIVE Photos, available in the Apple App Store and the Google Play Store. The subscriptions RCKIVE BV offers are purchased through the RCKIVE Photos app, hereinafter referred to as the App.

The terms and conditions define the rights and obligations of the parties to the contract with respect to RCKIVE BV. By the mere fact of validating its order on the App, the subscriber declares that it has read, understood and accepted without reservation the terms and conditions of the order and all of the terms and conditions of sale. The Terms and Conditions are made available on the www.RCKIVE.com website and in the App to customers at the time of purchase of a subscription and other products. The Terms and Conditions are applicable on the day of registration according to their wording on the App. However, they may be subject to change.

Article 1 - The Company
RCKIVE photos is published and run by RCKIVE BV. RCKIVE BV is registered in the Chamber of Commerce in The Netherlands (Kamer van Koophandel). KVK number 87985357. Its head office is located at Willem van Weldammelaan 133 1082KT Amsterdam. You can contact us through our socials or hello@rckive.com.

Article 2 - Jurisdiction
In order to subscribe to RCKIVE and to purchase photos and or photo products, it is necessary to be of legal age and legally competent.

Article 3 - Purpose
The main focus here are the RCKIVE subscriptions. A monthly subscription entitles you to the service of RCKIVE. This service consists of a monthly availability of “photo printing credits” available through the App. Photo credits are a service and valid for a full calendar month.

Article 4 - Subscription Agreement
The subscription agreement that is the main subject of the General Terms and Conditions consists of the dispatch per calendar month of "photo printing credits”. By subscribing to one of the subscription formulas of RCKIVE, the Subscriber accepts the General Terms and Conditions, which the Subscriber acknowledges having read, understood and accepted without reservation and with full knowledge of the facts. In order to ensure proper administration of the subscription to one of the RCKIVE subscriptions, a form is presented to the Subscriber which the Subscriber must fill out with his/her/their personal data. The information provided to RCKIVE BV must be correct and Subscriber must ensure that this information is correct at the time of enrolment. If there are input errors, RCKIVE BV cannot be held liable for these input errors and the consequences.

Article 5 - Geographical area
RCKIVE is available in all countries listed on the registration form. Subscriptions that do not meet this geographical condition cannot be taken into account.

Article 6 - Access to the service
The RCKIVE Photos app is in principle accessible to the Subscriber seven days a week, 24 hours a day, except in the event of interruption, whether voluntary or not, in particular for maintenance purposes or force majeure. Since RCKIVE BV is, in fact, bound by its activity to a best-efforts obligation, it cannot be held liable for any harm, of whatever nature, resulting from the unavailability of the RCKIVE Photos App or www.rckive.com website.

Article 7 - Subscriptions
We offer three types of subscriptions for RCKIVE Photos: a monthly subscription with a monthly payment that can be canceled monthly and a 6 months or 12 months gift subscription with a single payment.

Monthly Subscription, with monthly payment:
The Monthly Subscription subscribes the Subscriber to the monthly service of printing credits until a party decides to terminate this contract. By accepting this offer, the Subscriber accepts a monthly bank transfer of an amount determined with your first order. As long as the subscription continues, the costs of the subscription will be charged a day before your personal “renewal date”. If the credits are being used your photos will be submitted and printed. We ship your photos within a week after submission. The Subscriber can cancel its monthly subscription at any time in accordance with these General Terms and Conditions. By subscribing, the Subscriber declares to have read and understood these General Terms and Conditions of Sale and to accept them without reservation and with full knowledge of the facts.

6 months or 12 months gift subscription, with a one-time payment:
The 6 months or 12 months subscriptions gives you the opportunity to gift a third party a subscription for a definite period of 6 or 12 months. Payment for this subscription is made in one go, upfront. By subscribing, the Subscriber declares to have taken note of these General Terms and Conditions and to have accepted them without reservation and with full knowledge of the facts.

Article 8 - Subscription Details
The Start date is the date you submit for the first time. Renewal date is the date your subscription renews each month, typically the same day as your start day on every consecutive month unless the month is shorter, if so, it will be the last day of the consecutive month. Pay date is the date of renewal and the automatic bank transfer. The subscription is a photo printing service available for the period of one calendar month. If the credits are not used they will expire once the new credits are made available and/or at the end of the month. Each month RCKIVE suggests photos to print, once opening the app the subscriber gets 1 hour to review the photos. Subscriber gives RCKIVE the right to submit his/her/their photos automatically at the end of the hour.

Article 9 - Unsubscribe
Only subscribers with a monthly subscription can unsubscribe. The Subscriber can cancel his monthly subscription at any time via "My Boxes". The cancellation must take place before the direct debit at the renewal date. If this happens after the direct debit, the order is deemed to have been completed for that month. The cancellation will then be taken into account for the following month. The deregistration may also result from the decision of RCKIVE BV in accordance with the conditions laid down in the article relating to the deactivation of a customer account. For a subscription with a mandatory commitment period, the Subscriber can unsubscribe after the committed period.

Article 10 – Orders
When the Customer places and pays for an order via the App (hereinafter referred to as an order), he/she/they accepts the General Terms and Conditions, as well as the price, the quantities, the delivery times and the description of the products. RCKIVE BV will then send a confirmation email to the Customer for the order. If a product is not available or delayed, RCKIVE BV will inform the Customer without undue delay. The cancellation of the order and its refund, if possible, will then be processed. RCKIVE BV reserves the right at all times to cancel any order and/or delivery in the event of non-payment or partial payment by the Customer, or in the event of fraud or attempted fraud related to the use of RCKIVE BV's website or app. Also, RCKIVE BV shall not be held liable in the event of an error in entering the relevant name, email or postal address. It is the customer's responsibility to provide RCKIVE BV with correct contact details. In this case, the sale will be considered final, except in case of cancellation of the order by RCKIVE BV. Orders that are customized and/or custom made are not eligible for returns. In case of damaged goods please contact our helpdesk hello@rckive.com and we will solve the issue.

Article 11 - Rates and payment
The rates for the monthly photo credits and delivery of the photos can be found on www.rckive.com or in the app. All prices are including VAT. Rates are subject to change. If the rates are adjusted, the changes will only apply to future orders. Orders already paid are not affected by the rate changes. Payment is made by credit card, iDeal, Apple Pay or Google Pay. The payments are secured by industry-standard security and encryption practices. The company RCKIVE BV cannot be held liable in the event of fraudulent use of the means of payment used. In accordance with applicable regulations, the bank details of the Subscribers are not kept by RCKIVE BV.

Payments are handled through Shopify Payments.

Article 12 - Electronic exchanges
The Subscriber acknowledges the validity and probative value of the electronic exchanges and archives maintained by RCKIVE BV and agrees that these elements have the same probative value as a handwritten document signed in a handwritten manner.

Article 13 - Delivery of products
RCKIVE’s monthly postal service only covers the geographical area mentioned in the "geographic area" article, i.e. all countries on the registration form. The photos and photo products are delivered to the Customers and Subscribers at the address stated in "My Boxes" and which the Subscriber has entered at the time of registration. In the event of a change of address, it is the Subscriber's responsibility to change the address details 10 days before the start of the new month via "My Boxes". RCKIVE BV cannot be held responsible for any delays in delivery and their consequences. If the package is returned to RCKIVE BV, a second delivery will be made at Subscriber's expense. RCKIVE is not responsible for delays in the delivery time and any consequences thereof.

Article 14 - Return of products
Products ordered by the Customer on the RCKIVE Photos App cannot be returned unless a delivered product has defects. The Customer is obliged to inform RCKIVE BV within 7 days of receipt of the product of any objection regarding the delivered product (eg: damaged packaging, already opened, missing parts). If the product proves to be defective, the Customer will receive a new product within a week. No other damages can be claimed from RCKIVE BV for failure to receive a package. In any case, its liability is limited to the monthly value of the subscription or the ordered product(s).

Article 15 - Force majeure
RCKIVE BV cannot be considered responsible for the total or partial breach of contract resulting from a case of force majeure, independent of the will of the company. A force majeure event refers to any event or circumstance beyond our reasonable control. During the period of a force majeure event, RCKIVE is liable for any shortcomings in the fulfilment of contractual obligations. RCKIVE however, will do its best to perform to the best of its ability during this period.

Article 16 - Intellectual property
All elements of the website www.rckive.com, the RCKIVE Photos App and the social media channels, the (audio)visual elements, but also the texts, layouts, illustrations, photos, documents and other elements, including the underlying technology, are protected by copyright, and by trademarks and patents. Any full or partial reproduction of the elements accessible on www.rckive.com, the RCKIVE Photos App or the RCKIVE social media channels is strictly prohibited.

Article 17 - Right of withdrawal
In accordance with the applicable texts in the consumer law and in the context of distance selling, the Subscriber has a cooling-off period of 14 days from the acceptance of the subscription offer. Notification of revocation must be sent by post or email to RCKIVE BV at the address indicated in Article 1 of these General Terms and Conditions. The period of fourteen days also applies in case of withdrawal after receipt of the products. This period runs from the receipt of the monthly products. The goods must be returned in their original condition and packaging. Any product that is incomplete, damaged and/or whose packaging is damaged will not be taken back, exchanged or refunded. If applicable, RCKIVE BV will refund the Subscriber who has notified the exercise of his right of withdrawal within a maximum period of 14 days after receipt of the notification of withdrawal. The Subscriber's account will be re-credited with the amount debited. Customised and custom made products are not eligible for returns.

Article 18 - Retention of title
RCKIVE BV retains full ownership of the delivered product until the purchase price has been paid in full.

Article 19 - Personal data
RCKIVE BV is committed to protecting the personal data of its customers by ensuring a high level of security, but the customer also plays a role in protecting his/her/their personal data.

Article 20 - Account deactivation
In the event that the obligations arising from the acceptance of these general terms and conditions are not fulfilled, in case of payment problems with an order, if incorrect information is provided when creating the account or if actions are taken that could affect the interests of RCKIVE damage, the company reserves the right to suspend access to RCKIVE services or, depending on the seriousness of the actions, to terminate the subscription and account. The Company also reserves the right to refuse to enter into a contract with a Customer who has been disfellowshipped or sanctioned for such acts.

Article 21 - Personal data
You must ensure that your information, including, but not limited to, e-mail address, address details and bank account number are complete, correct and current. You also warrant that you are legally authorised to use the App in any manner. RCKIVE will process your data and include it in its file in order to fulfil its obligations arising from the agreement it has concluded with you and/or to process your request. In addition, your e-mail address can be used to inform you of certain products and services that may be attractive to you, unless you have not given permission for this. You can always view your own data and change it if you wish on the Website.

Article 22 - Contact RCKIVE
For any information or questions you can always reach out to us by email at hello@rckive.com.

Article 23 - Liability
RCKIVE BV, in its capacity as a third party, shall not be liable for the contents of their partner sites, nor shall it be liable in the event of a conflict between Subscriber and any partner site or brand. The information enabling the Subscriber to identify himself, such as the login and password, is personal and confidential. This information can only be changed on the initiative of the Subscriber or RCKIVE BV, in particular if the Subscriber forgets his or her password. The Subscriber is solely responsible for the use of his or her identifiers and is obliged to keep them secret. RCKIVE Photos cannot be held liable for any disclosure on its part. Any order placed using the Subscriber's ID and password is deemed to have been placed by the Subscriber. Under no circumstances can RCKIVE Photos be held liable for any damage caused by the disclosure of such personal and confidential data by the Subscriber and thus for the use of such data by a third party. RCKIVE BV can under no circumstances be held liable for damages of any kind, in particular resulting from the use of the subscribed services; be it reputation damage, image or data loss as a result of using the services offered by RCKIVE Photos.

Article 24 - Personal information
The information requested from the Subscriber in the questionnaire upon registration is necessary for the proper processing of the order and may be shared with the contractual partner suppliers of RCKIVE involved in the execution of the order. In accordance with applicable law, the Subscriber has the right to oppose, access and correct data concerning him. The Subscriber may require that any information about him/her/them that is incorrect, outdated or incomplete or whose collection or use for communication is prohibited be changed, supplemented, clarified or deleted. To exercise this right, the Subscriber simply writes to us directly at hello@rckive.com. We reserve the right to use the statistics of the forms completed by Subscribers to optimise our services and those of our partners.

Article 25 - Change of the General Terms and Conditions
RCKIVE BV reserves the right to change these General Terms and Conditions in any case without notice. In order to keep up to date with any changes, RCKIVE BV recommends that the Customer/User of the App regularly reads the Terms and Conditions of the App.

Article 27 - Communications between the Customer and RCKIVE BV
By becoming a subscriber to the App, the Customer acknowledges that the exchanges between him and RCKIVE BV will be mainly electronic (via email), except in specific cases described in these Terms and Conditions or required by law. In particular, the Customer expressly accepts that the invoices are sent to him by e-mail. The Customer contractually acknowledges that the information, notices and contracts are in full compliance with applicable regulations.

Article 28 - Applicable law
These general terms and conditions are governed by Dutch law. The Subscriber acknowledges that the communications and the automated data of RCKIVE BV will be considered by the parties as evidence of exchanges, orders, payments and transactions between the parties, unless proven otherwise.

Article 29- Disputes
The parties acknowledge that any dispute, regardless of its nature or cause, will be submitted to the competent Dutch courts depending on the nature of the dispute.

These terms and conditions are effective as of 2022-11-18

Contact Us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at help@rckive.com.

Terms of service

By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions. The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to RCKIVE B.V..

RCKIVE B.V. is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The RCKIVE app stores and processes personal data that you have provided to us, to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the RCKIVE app won’t work properly or at all.

You should be aware that there are certain things that RCKIVE B.V. will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but RCKIVE B.V. cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, RCKIVE B.V. cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, RCKIVE B.V. cannot accept responsibility.

With respect to RCKIVE B.V.’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. RCKIVE B.V. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for the both systems(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. RCKIVE B.V. does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Changes to This Terms of Service

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page.

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