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The 123Find bvba terms and conditions regarding the Spotty service and products for consumers

Version 1.0, November 7th, 2013

1. Terms

Following terms have specific meaning in these terms and conditions.
Customer: each person who creates an Account on the Spotty website or who purchases Spotty products and who acts without any commercial or professional purposes.
123Find: 123Find bvba, registered at 1560 Hoeilaart, Sterrenlaan 10 or at any other address the registered address has been transferred to. 123Find owns and operates the Spotty services.
Spotty: is the brand name of 123Find BVBA, which it uses to operate the platform and services for lost and stolen goods. They run using the (by 123Find BVBA registered domain name) ‘Spotty.eu’-website and all other related websites (which are also property of 123Find BVBA.)
Account: any profile opened in name of Customer on the Spotty.eu website which is used by Customer and their related individuals (family, organisation, …).
Code: the unique Spotty code which identifies any item registered on the Spotty.eu website in any form. (QR code, alphanumerical code, NFC radio code, engraved code, etc.).
Carrier: any sticker, key ring, luggage label, NFC tag or any other carrier which contains the Spotty code and which can be attached to any of the Customer’s objects.
Partner: any partner who cooperates with 123Find, advertises using the Spotty platform, offers Spotty products and services or promotes the Spotty services and products.
Agreement: any agreement signed between 123Find and its customer and to which these terms are applicable.

2. Terms and conditions: consumers

By registering on Spotty.eu or by purchasing Spotty products, Customer explicitly agrees to having taken note of the terms and conditions included in this document and to accepting these in their entirety, excluding any other terms and conditions, even if they state only they are applicable.
These Terms and Conditions can be consulted, stored and printed at any time using the website’s footnotes.
123Find is entitled to unilaterally changing at any time its terms and conditions or its prices for products, services, rewards for finders and any other component. Any changes are communicated via e-mail to Customer at the latest thirty days before they become valid. Further use of Spotty by the Customer or new purchases implies acceptance of amended terms. If any Customer does not agree with those new terms, prices or any other components they are entitled to terminate Spottys’ services without any additional costs.

3. Limits to liability

123Find is only bound by an obligation of means and in no way, shape or form liable in case of material mistakes, misprints or typographical errors in terms of the information presented being correct, up to date and complete.
Except for cases of fraud, intentional mistakes or serious breaches, 123Find cannot be held liable or be forced to pay any compensation in case of any direct, indirect or resulting damages.
Should 123Find nevertheless be held responsible, on a statutory basis and in contradiction with the contents of these terms, maximum compensation payment paid by 123Find shall be repayment of any monies paid by Customer to 123Find for services, registration of goods and renewal of subscription during the last six months before the Customer’s complaint and only for those goods subject of the claim for damages, excluding any shipping and administration costs, taxes and duties.
When Customer terminates the service, they cannot be reimbursed and when 123Find terminates service, maximum reimbursement will be the ‘credits’ in the Customer’s account which have not been used.
Spotty.eu shall protect all data on its website in compliance with all applicable legislation. Moreover, Customer’s address shall be kept encoded on Spotty’s databank in order to make it more difficult for unauthorised people to gain access. Customer must however understand that internet systems are not completely risk-free. 123Find can therefore not be held responsible for any improper use of personal data by unauthorised third parties or for the loss of personal data. Customer is also not allowed to store on Spotty any data such as (but not limited to) credit card numbers, bank account numbers and their security codes, PIN codes or passwords. Customer shall also keep a copy themselves of all data of all goods in their account.
Parties agree that viruses and mistakes as a result of hacking or any other unauthorised access to 123Find’s systems or those of the Customer, problems with Internet and IT technology service suppliers or any mistakes resulting from previously unknown bugs shall be considered as a case of force majeure.
Customers themselves are responsible for safeguarding their own IT equipment used for accessing Spotty. They are also responsible for choosing a sufficiently complex and unique password on Spotty and for regularly changing said password. Customer shall not divulge their log-in data to any third party.
Although Partners can offer certain services or advertise their products via Spotty, Spotty is certainly not responsible for these Partners’ offers, the correctness of any information provided by them or the quality of any products or services supplied by them. Any and each transaction between Customer and Partner has absolutely nothing to do with the relationship between Customer and 123Find, except for those cases 123Find has explicitly taken responsibility for.

4. Physical goods

Customers themselves are responsible for correctly applying stickers, labels or any other parts on objects they want to mark with Spotty. They will adhere to their product supplier’s instructions and safety regulations. Any examples of use on the Spotty site and in any Spotty publications are for information purposes only and do not guarantee their applicability on the Customers’ goods.
Stickers, key tags and all other Spotty products have been carefully selected with quality and reliability in mind. All materials however suffer from wear and tear, depending on their use and the care taken for it by Customer. Except for materials which show defects at their time of delivery, 123Find shall not replace any damaged or worn materials.
123Find uses the Spotty platform to enable returning to Customer any lost or stolen goods. The actual return of these goods however cannot be guaranteed nor is it Spotty’s responsibility.

5. Provisions regarding prices online or anywhere else – Quotes / offer and acceptance

5.1 Product and services description

All of 123Find’s descriptions, drawings, pictures, prices and price lists, catalogues and/or any other indications of our products and services have been carefully executed.
All data which appear in our catalogues, prospectuses, quotes, online shops and any other form of offers can however differ from the actual data. Pictures of goods in our online shop are for information purposes only and can differ from the supplied goods or can contain elements not included in the price.
123Find can, however, not be held responsible for any differences and no compensation can be requested from them. All published or provided show models, test models, drawings, pictures or any other documents are only an indication of products and services in question and unless otherwise agreed in writing, our show and test models and any other related data are only valid as an approximate description of our products and services and any differences of any kind can never be used by CUSTOMER as an excuse to decline receipt and payment or to terminate the Agreement and request compensation.

5.2 Prices

All of 123Find’s prices are in € and excl. of VAT unless otherwise explicitly indicated.
All of 123Find’s prices are excl. of shipping costs, insurance, VAT or any other duties, excise and taxes which are all to be paid for by CUSTOMER unless explicitly and in writing agreed otherwise.
All prices are based on the circumstances valid for 123Find at the time of signing the Agreement, such as exchange rates, purchase prices, wages, shipping costs, import and export rights, excise, duties and taxes which are directly or indirectly imposed on 123Find or which are charged to 123Find by third parties. If these circumstances change after signing the Agreement but before delivery, 123Find is entitled to charge CUSTOMER any resulting costs. All owed duties, taxes and excise are always charged to CUSTOMER by 123Find.

5.3 Quotes - offers

Any quote, except for a personalised offer, is always not-binding and free of obligations. Information and prices in catalogues, adverts, online shops and any publication do not constitute a binding offer and are at the most an invitation for negotiations, unless explicitly and in writing otherwise agreed.
Any of the prices in the online shop or in offers are only valid as long as stocks last and can be withdrawn or adjusted at any time by 123Find.
Each quote in a personalised offer is valid for fourteen (14) days at the most unless otherwise and in writing indicated by 123Find.
123Find cannot be held to its offers or quotes if CUSTOMER reasonably could or should have understood that quotes and offers, or a part thereof, contained an obvious mistake or misprint.
Any composite quote or offer does not oblige 123Find to executing part of the order against the equivalent part of the quoted price.
Descriptions and conditions in quotes or offers are not automatically valid for future orders/assignments.

5.4 Order – order form – order confirmation

Any Agreement between 123Find and Customer in terms of goods and services offered by 123Find only becomes valid when Customer receives a confirmation mail, fax or letter from 123Find or Spotty which shall include these terms and conditions. Should the confirmation differ from the order, CUSTOMER must notify 123Find in writing within 3 calendar days after receiving the confirmation of any discrepancies and whether CUSTOMER agrees with them or not. If CUSTOMER does not do this, the order confirmation shall irrevocably be considered to be the exact copy of the order.
123Find is entitled to –without giving any reasons- refusing orders, adjusting delivery terms, splitting deliveries or attaching other conditions to the delivery.
Acceptance of our personalised offers is only valid if in writing, during the term indicated in the quote and under the conditions indicated in said quote.
123Find is entitled to changing ordered products and services with other similar products and services without this leading to price reductions or compensation payment on the condition at least an equivalent functionality and performance are guaranteed.
123Find refuses any order if CUSTOMER does not agree with these terms and conditions.
All services/licences/goods included in the order form/quote are as one and the Agreement can never be divided.
123Find is entitled to terminating the Agreement fully or partially and inform their CUSTOMER of their decision with registered mail at the latest 8 days after signing the written Agreement between both parties. CUSTOMER is not entitled to any compensation in this case nor is the CUSTOMER entitled to terminate maintained section of the Agreement themselves unless said section would be of no use to them anymore. They must notify 123Find also with registered mail at the latest 8 days after 123Find’s notification. Postmark on respective letters shall count as only proof. In case of dispute, CUSTOMER must provide proof.

6. Provisions regarding the supply of goods and services, execution of the Agreement.

6.1 Delivery of goods and services – Retention of property and transfer of risk

If the order only contains supply of goods, delivery and acceptance of sold goods shall take place, except explicit written notice to the contrary by 123Find, at 123Find’s offices with registered address at 1560 Hoeilaart, Sterrenlaan 10. At that moment risk shall be transferred to CUSTOMER even if 123Find’s property retention has not been lifted at that time.
If the order does not only contain supply of goods but also, or exclusively supply of services, delivery and acceptance of sold goods and/or licences by CUSTOMER is supposed to take place in compliance with aforementioned conditions.
Delivery of services provided takes place at their finalisation.
If it has been agreed that all goods are delivered in person at home with the Customer, all shipping costs and risks are borne by Customer.
All sold goods remain property of 123Find until they have been paid for in full. Customer shall, until full payment has been made, not process the purchased goods or incorporate them in another unit or sell these goods and supply them to a third party. In case of non-payment 123Find is entitled to taking back all delivered goods and/or suspending all performances related to delivered goods, if necessary without a courts’ intervention. All risks to which the goods could have been exposed are at the Customer’s expense from the moment they were made available to them.

6.2 Delivery and execution terms

Unless otherwise in writing agreed, parties agree that delivery and execution terms are always only approximate, for information purposes only and never enforceable with regard to 123Find. They can never be considered as an essential or deciding condition of the contract and are not a reason to terminate the Agreement or for the CUSTOMER to request compensation. If 123Find requires data from CUSTOMER in order to execute the Agreement, execution term shall only commence as soon as CUSTOMER has provided 123Find with complete and correct data. All indicative delivery and execution terms shall be as much as possible complied with by 123Find.
The delivery and execution term indicated by 123Find are based on the circumstances valid for 123Find at the time of signing the Agreement and should these be dependent on performances delivered by third parties, on information supplied to 123Find by those third parties, transgressing the reference delivery term can never lead to payment of any compensation by 123Find.
Any non-compliance or late compliance with these reference delivery terms by 123Find because of a foreign cause, i.e. either caused by a third party or their default, can never lead to a CUSTOMER requesting compensation payment, reduction of the price, partially or fully suspending the remainder of the Agreement or terminating / cancelling the Agreement.

7. Cancellation period

Provisions of this article are only valid for Customers who purchase products online in their capacity of consumer:
Consumer is entitled to notifying 123Find of the fact they do not wish to purchase, without having to pay any fines and without having to give any reason within 14 days from the day following delivery of products. For that purpose consumer must contact the 123Find Customer Care Dept. within aforementioned period at following address: orders@spotty.eu and return the goods within 20 days after delivery to 123Find bvba, Sterrenlaan 10, 1560 Hoeilaart. Return of goods is at the expense and risk of consumer.
Goods with a sale price of €100 or more must be returned with courier (DHL, Fedex, etc).
Only products purchased directly from 123Find and which are still in the original and undamaged packaging together with all accessories, manuals and invoice or proof of purchase can be returned.
Shall never be taken back:

  • Used, soiled, damaged or incomplete goods
  • Articles the packaging of which (or part thereof) has been opened
  • Bespoke articles for Customer
  • Products which cannot be returned because of their nature.

In case of a valid and legally correct use of aforementioned cancellation period, 123Find shall guarantee within 14 days reimbursement of monies to buyer in the agreed way of payment.

8. Customer’s obligations and restrictions

In order to use the products, Customer must create a Spotty account. Each Customer must only create 1 account, preferably 1 account per family or organisation. Each main e-mail address or phone number can only appear once on the website in 1 single account.
Each Spotty code can only be used for 1 product, unless otherwise indicated. Promotional codes, “vouchers” or other promotional packages by Spotty must not be re-sold by the user, unless otherwise indicated.
123Find can issue products, services or other packages, for example free samples or promotional codes, which will be subject to certain conditions. If Customer tries to bypass these or other of 123Find’s conditions, the account of said Customer can be suspended by 123Find leaving the Customer not entitled to claim any reimbursement of already paid for goods or services.
Customer is responsible and liable for each use of supplied services, for example the confidentiality and use of their log-in details, e-mail addresses, etc.
It is the customer’s responsibility to read emails sent by Spotty on a regular basis. In the absence of a response by the customer, certain actions such as the transferring of an item to a new owner may be completed automatically.
Customer is not entitled, without previous written permission from 123Find, to transferring to any third party any rights and obligations resulting from this or any other Agreement.
Customer agrees to complying with the law in the country / countries where they are planning on using the system and safeguard 123Find against any claim made by third parties in terms of the use of Spotty services and products.
Customer shall refrain from using the services or having them used for improper purposes, committing illegal acts and/or for actions contrary to these terms and conditions or terms of use.
Customer must not apply processes or actions of which they can reasonably suspect they will obstruct 123Find and / or their clients or negatively affect use of services.
Illegal activities – The 123Find network and its infrastructure must never be used for storing or distributing illegal software. It is strictly forbidden to distribute illegal software using any service provided by 123Find. Should 123Find ascertain such activities, it will immediately terminate the services in question without reimbursing any services already paid for to 123Find. The appropriate authorities shall also be informed.
Copyrighted materials – Distributing, making available and offering copyrighted materials such as videos, music, lyrics, pictures without the prior permission of the author using 123Find’s infrastructure shall also be considered as an illegal activity causing the same measures to be taken. In case Customer supplies 123Find information with the purpose of placing it on a website or processing it in one, they shall guarantee they own all rights, including copy rights, over all material such as lyrics, translations, documents, pictures, videos, graphic elements and the like.
When 123Find ascertains a breach of aforementioned regulations, it shall notify Customer and, depending on the nature of the breach, take one or more of following actions:

  • Suspend indefinitely services to Customer in question
  • Terminate all services to Customer in question
  • Charge Customer extra costs and fines
  • Remove contents in question
  • Take all necessary steps to end the abuse.

9. Guarantee and complaints

Except for a written message to the contrary within 7 days after delivery of services, Customer agrees that services have been provided in compliance with the Agreement and any further recourse is out of the question.
Each visible defect and/or fault of a product or any shoddy execution of services must be reported to 123Find by Customer in writing (i.e. using registered mail, e-mail or fax) and in detail within 7 days after delivery of product or service on penalty of loss of possibility to take legal action.
All invisible damages and/or latent defect of a product must be reported to 123Find by Customer in writing (i.e. using registered mail, e-mail or fax) and in detail within 2 months after its ascertainment on penalty of loss of possibility to take legal action. After these 2 months, no replacement or repair can be requested. Moreover, no further claim for lack of compliance can be taken against 123Find.
This provision does not affect the legal guarantee obligation and period of 2 years with regard to the consumer, with the exception of second hand goods which have a maximum of 1 year guarantee period (1649quater, §1 BW)
Each product is subject to the legal guarantee from the date of purchase by (or ‘delivery to’ as the case may be) the first owner. In order to invoke said guarantee, Customer must be able to produce the proof of purchase.
For all products purchased online and delivered to the Customer’s door, Customer must first contact 123Find’s Customer Service Dept. at orders@spotty.eu, after which the Customer must pay to return the product to 123Find.
Guarantee is never applicable to defects caused by accidents, carelessness, drops, abnormal or incorrect use, improper use of product, non-compliance with user manual and instructions, adjustments or changes to the product, rough use, bad maintenance, abnormal or incorrect use.

10. Invoicing - payments

Our invoices are only electronically sent to our Customers.
If Customer buys products or services from 123Find and does not pay on time, for whatever reason outside of 123Find’s volition, 123Find is entitled to suspending all services to Customer until all monies owed (principal sum, costs, interests and damage payments) have been credited to 123Find’s account.
All invoices are due within 30 days after invoice date at 123Find’s registered address. Payment can be done by bank transfer to the account indicated on the invoice or on the online shop using credit or debit card.
Payments are first allocated to the oldest debts, in that interests are paid first, than the flat compensation fee and then the principal sum.
In case of full or partial non-payment of an invoice on its due date, Customer owes without prior notice a flat compensation fee of 10% of all monies owed with a minimum of €125 per invoice, increased with late payment interests on those monies owed invoiced at 10% and calculated from due date.
If judicial recovery is needed, CUSTOMER must pay all legal costs in their entirety, including court costs as determined in art. 1022 Belgian Civil Code, apart from all aforementioned monies. If judicial recovery is needed, CUSTOMER must also pay, in compliance with Belgian custom, the usual costs and fees of 123Find’s legal team.
Deferred payment can only be allowed with explicit and written permission from 123Find. Deferred payment does not affect any other provisions of these terms and conditions which all remain applicable in their entirety.
Non-payment or only partial payment of one invoice on its due date, or transgressing the permitted payment terms render immediately payable all other invoices of said CUSTOMER or any monies owed for whatever reason legally and without prior notice, even those monies which are not yet due. It also relieves 123Find legally of any further execution of all obligations it must meet.

11. Renewal costs.

Certain packages have a yearly renewal cost linked to it. This period becomes valid as soon as Customer registers their first code in their account. This cost is automatically deducted of the available balance. If Customer does not wish to pay said cost, their products remain registered on Spotty until such time they are explicitly deleted. However, Customer shall no longer automatically be notified when someone finds one of these products, nor shall there be any obligation for 123Find to provide any service to Customer.
If Customer wishes to re-activate this service later on, this is possible after payment of a one-off activation fee.

12. Return & transfer of products

123Find is not responsible for any damages caused by not returning any of the Customer’s products, unless caused by intent, fraud or serious breach by 123Find. Customer agrees they are the first responsible party for their products’ care.
Return of products and payment of any reward linked with it is a mutual agreement between finder and owner whereby both parties also must comply with the applicable country’s legislation. Spotty is only the communication platform between the parties. 123Find shall not negotiate in case of problems between owner and finder and neither shall it negotiate in case of breaches of legislation. 123Find can also not be held liable for not returned products, results of differences of opinion between or abuse by one of the parties.
Nor is 123Find responsible for malicious notifications which have been either intentionally or not been caused by use of the code by Customer or any third party. All texts or any other paid for means of communication shall not be paid back by 123Find.
Customer agrees that a small reward shall be paid to the finder of Customer’s product, paid for by Customer. Customer agrees they shall only be brought in touch with finder, if there is sufficient credit in their Spotty Account to pay said reward to finder.
Customer agrees they understand that Spotty services are only a communication platform between people and they are not responsible for actually returning any products nor for the organisation of such return.
Spotty will provide the possibility to transfer a sold product from Customer to a new owner. If Customer receives a transfer request and does not reply within a certain period, transfer procedure to new owner shall start automatically. The only way the transfer can be stopped after that point in time, is a new registration by the original Customer. 123Find shall not negotiate in this process.

13. Duration and termination of Agreement

13.1 Duration

Agreement between parties is permanent. It can be terminated at any time by one or both parties by giving three months’ notice.

13.2 Termination

Each party is entitled to legally and with immediate effect terminating the Agreement if the other party seriously breaches their contractual obligations and neglects to rectify or terminate this breach after receipt of written notice requesting the defaulting party to rectify or terminate this breach within 30 days after receipt. Each termination of this Agreement or notice must be done with registered mail.

13.3 Consequences of terminating the agreement

Customer must, in case of termination of Agreement, return to 123Find all documents, carriers, . . . which 123Find made available to them and this at the latest thirty days after termination of Agreement.
After termination of Agreement, Customer must no longer use any of 123Find’s property, logos and brands.
In case of termination of Agreement all of the Customer’s orders received and confirmed by 123Find before the end of the Agreement shall be executed by the latter in compliance with the provisions in these terms.
Termination of this Agreement for whatever reason shall not affect any rights already acquired by each party.

14. Internet and telecommunication

123Find is entitled to adjusting any aspect of its website or even shutting it down.
Customer agrees that 123Find is allowed to publish on the internet via Spotty or any other channels, freely decided by 123Find, all information about any of the Customer’s lost, stolen or found product.
123Find is not responsible for those parts of its service which depend on other Internet or telecommunication suppliers. 123Find is therefore for example not liable when Google or any other search engine does not or at a bad location include a certain lost product in their search results. Nor is 123Find liable when an e-mail or text does not get delivered for whatever reason, except for serious neglect or harmful intent by 123Find itself.
Customer is solely responsible for their communication and other data in their Account being correct.
Customer’s primary e-mail address registered on Spotty and possibly adjusted at a later time is considered to be the Customer’s valid e-mail address and Customer agrees that all of 123Find’s communication can be sent to this address. Mails sent to this address shall be considered to have proof of evidence.
Customer agrees to receive e-mails relating to 123Find’s services at their primary e-mail address.

15. Intellectual rights

Customer agrees and accepts that 123Find remains the exclusive owner of all their intellectual property rights (copyrights, brand rights, drawings and models, . . . ) on Carriers, Accounts and content of the Website, including all data and files on the Website which Customer can download.
The name ‘123Find‘ is 123Find BVBA’s company name and protected as such. 123Find BVBA is also the holder of the intellectual property rights of several brand names including the name ‘Spotty’. 123Find BVBA also holds the registration of the ‘www.spotty.eu’ domain name and is the owner of all intellectual property on the website related to this domain name.
Intellectual property rights on all products and services and on all developed or made available web design, programmes, software, goods, hardware or any other materials such as analysis, designs, documentation, reports and quotes remain exclusively with 123Find or with a third party of whom 123Find has received the right in question to make available to the CUSTOMER (part of) these products or services. CUSTOMER only receives those users’ rights and authorities given to them in these terms and conditions.
123Find retains all intellectual property rights in terms of all designs and work it realised in the sense of the copyright legislation (for example the Copyright/Software right). These also explicitly include for example all (internet)activities. Unless explicitly otherwise agreed, Agreement does not contain any transfer or obligation to transfer of any intellectual property right from 123Find to CUSTOMER.
123Find retains all rights and authorities it is entitled to based on Copyright and other intellectual legislation and regulations. 123Find has the right to also use for other purposes all knowledge it has gained during the execution of this Agreement, subject to none of the CUSTOMER’s confidential being divulged to a third party.
Customer agrees to neither partially nor in their entirety copy, reproduce, publish, adjust, incorporate in another website or send on any Carriers, Services, Methods used on the website or described in the documentation, the Website and any documentation which can be downloaded from the Website and any other of 123Find’s intellectual property unless with prior written and explicit permission from 123Find.

16. Privacy policy – personal data protection

123Find collects and stores personal data provided by the Customer via website, e-mail, telephone, fax etc. On top of that 123Find registers all information which will enable them to invoice correctly and to prove this in case of dispute.
If Customer uses internet services (for example the online shop) then the information regarding the use of these services is also stored (log files).
In certain cases Spotty.eu will use these so-called 'cookies'. Cookies (small bits of information which are written on the user’s hard disk in order to simplify use of the website) consist of standard internet technology which enables storing and disclosing certain information on the user’s system. Cookies cannot be used to identify people. A cookie can only be used to identify a machine in order to be able to remember settings such as language.
Any visitor/Customer can change their computer’s settings and refuse our cookies. Each internet user can set their computer in such a way that cookies are not accepted. If your computer does not accept cookies, it is possible you will experience problems when using the site and Spotty services. Any user of our websites indicates by using the website the permission to use cookies.
All this information is used in order to guarantee the best possible service:

  • When remembering the user’s settings
  • When generating statistical, anonymous information (for example for traffic and profile analysis);
  • When investigating problems and any abuse and improving the site

123Find retains online (anonymous) visitors’ statistics in order to be able to see which pages of the Spotty internet sites are visited to which extent.
Your contact details can be used by 123Find for actions or commercial information. 123Find agrees however never to divulge these data to any third party without the explicit permission of the party in question, unless it is legally required to do so. Any visitor can always object to 123Find using their data for direct marketing purposes.
In compliance with the law of 8 December, 1992 regarding the protection of personal data, all data in 123Find’s possession shall be communicated upon first request and should user/Customer so wish, corrected or deleted for free within a reasonable period of time.
123Find is responsible for processing, storing and managing these personal data. It will suffice to send an e-mail to be removed from the database.
Customer can consult at any time and upon simple request their personal data for free and change them by logging into their account on Spotty.eu. Privacy complaints can be lodged with complaints@spotty.eu.
Adjustments to the 123Find Privacy regulations are possible at any time but shall be communicated to its users via the website.
By accepting these terms and conditions, Customer gives unambiguous permission for the personal data, including e-mail address, name, address and mobile number to be processed by 123Find in compliance with the conditions included in this clause.
123Find agrees to exclusively use your data in order to execute the signed Agreement which you agree to by placing your order and to send you without any obligations information regarding 123Find companies.
Customers are themselves responsible for keeping their log in details confidential and for the use of their password. Your password shall be stored coded meaning that 123Find does not have any access to your password.
Should another user attempt to register one of your lost or stolen items under his/her own name, Spotty may send you information. You can then attempt to communicate with this user. If this user refuses to communicate with you or return the item to you, 123Find will not mediate in this, nor will we reveal that user’s contact information to you. In the same manner, we will not reveal your contact information to other users who claim one of your items, unless when we are obliged to by a competent authority.

17. Invalidity

If any clause (or part thereof) of these terms and conditions should be declared invalid, unenforceable or void, it shall not in any way affect the validity or enforceability of all other clauses or their parts which have not been affected.
Neglecting at any time by 123Find to enforce any of the rights included in these terms and conditions or to execute any right in these terms and conditions shall never be considered as a waiver of that right nor shall it affect those rights’ validity.

18. Right to transfer

The Agreement between 123Find and the Customer and all resulting obligations and rights for both parties are transferable by 123Find to a third party, without prior written permission from the other party. Customer does not have such right.

19. Full Agreement.

These terms and conditions contain the full Agreement between parties and unless explicitly agreed otherwise in these clauses this Agreement can only be amended and adjusted with a written Agreement signed by both parties.

20. Applicable law and Disputes

Only Belgian law is applicable to any dispute arisen between the parties in terms of validity, interpretation and implementation of or compliance with the Agreement between the parties, except for however, all international and national guidelines which declare applicable other jurisdiction than the Belgian one or authorise other courts of justice. The United Nations Convention on Contracts for the International Sale of Goods (CISG 1980 (the “Vienna Convention”) or similar conventions is not applicable.
Any dispute arisen between the parties in terms of validity, interpretation and implementation of or compliance with the Agreement between the parties shall be submitted to the courts of the district of Leuven, Belgium.