Amigos - Terms of Use 

Please read these Terms of Use carefully before making purchases through the App or selling Services, as these Terms of Use apply to all transactions. We recommend that you print a copy of these Terms of Use for future use. If you do not agree to these Terms of Use, you may not use our App to make a transaction. 

1. Defined terms 
- For ease of reading, the following terms shall have the following meanings in these Terms of Use: 

"App": the mobile application software for Buyers and Sellers of Amigos App, which is available for download from the Apple App Store and Google Play Store; 

"Service(s)": products, goods, and/or services related to an activity of a Seller offered for sale through the Website, App, or Widget; 

"Contribution(s)": the name in the App used by a Seller to indicate to a Buyer that payment must be made for the Service(s). 

"Buyer": the purchaser of Services; 

"Order": shall have the meaning given to it in clause 3.1 below; 

"Buyer Protection": the protection provided to Buyers, as our Support staff will first verify the accuracy of the Services before payout. If we determine that the delivered Services do not match the description provided by the Buyer, the paid Contributions will be refunded to the Buyer. This is what we call Buyer Protection. 

"Seller(s)": our selected external providers of goods and services who offer their goods and services for sale through our App; 

"Amigos App Contract": shall have the meaning given to it in clause 2.3.1 below; 


2. Introduction and relationship between Buyers, us and Sellers 

1. This App is operated by Amigos App B.V., a company registered in the Netherlands with its registered office at Hooghiemstraplein 173, 3514 AZ Utrecht, Netherlands ("Amigos App," "us," "we," or "our" for short). 

2. The App enables Buyers to purchase and pay for a wide range of Services from various providers (Sellers). These Services are provided by our various providers (Sellers). These Services are provided by our various Sellers and not by us. The delivery of the paid Services through our App is the responsibility of the Seller who provides the Service. If you, as a Buyer, pay for Services through the App, we receive the payment on behalf of the Seller as a commercial agent after checking the authenticity of the activity. If we receive the correct payment as a commercial agent on behalf of the relevant Seller, the debt to that Seller is satisfied and the amount will be paid out to the Seller. 

3. The legal implication of this is that when purchasing and selling Services, a binding legal contract is created:

   • A contract between you and Amigos App (under which Amigos App has certain responsibilities to you in connection with the purchase or sale) (the "Amigos App Contract"). That contract is entered into on the basis of these Terms of Use. 

4. All Services available for purchase on the App are offered by the Sellers and not on behalf of Amigos App. This means that Amigos App is only a facilitating platform and processes transactions through the licensed Pay.nl as a commercial agent for the Sellers. Therefore, we are not responsible or liable to the Buyer or Seller for the actual Services booked through the App. 

5. We change these Terms of Use from time to time. Please read these Terms of Use each time you, as a Buyer, want to make a transaction or Order on the App or if you, as a Seller, want to sell services on the App to ensure that you are aware of the terms and conditions that are applicable at that time. 

3. Introduction and relationship between Buyers, us and Sellers 

1. The Order process allows the Buyer to check for errors and make changes before completing the Order. As a Buyer, please take the time to read and check the Order at every stage of the Order process before finally submitting the Order. 

2. If you, as a Buyer, wish to cancel a purchase after making a payment, this can only be done in direct consultation with the Seller. The Seller may withdraw participation in the Services in the App. 

3. As a Buyer, please note, as set out in our Terms of Use, that we and the Seller expressly reserve the right to refuse access to our App and/or refuse an Order or to cancel it after payment. 

4. Services

1. Sellers have a duty to provide Services that are in accordance with the description in the App but retain the right to cancel the Services at any time. In this case, the Buyer will receive a full refund. 

2. As a Seller, you are a consumer and do not have a profit motive. If our support staff find that you are acting on behalf of a commercial entity or have a commercial profit motive, we are entitled to block your Service(s) and/or account. 

3. If you, as a Buyer, pay for the contribution to an activity via the App, an agreement is entered into between you as a Buyer and the Seller. Amigos App is not a party to this agreement. 

4. If you, as a consumer, enter into an agreement with a private individual (not a business seller), the rules in the European Union regarding the protection of consumer rights do not apply to that agreement. This means that as a consumer, you are less well protected when entering into an agreement with a private individual than with a business seller. 

5. All Services displayed on the App are subject to availability, and descriptions of the Services on the App are for illustration purposes only, and the actual Services may reasonably differ from those descriptions. We require Sellers to ensure that all information provided by them on their page of the App is accurate, complete, and not misleading in any way, but we cannot verify the information provided by Sellers to us. It is the responsibility of each Seller to ensure that all their Services listed on the App are available and accurately described. 

6. If you are a Buyer and a consumer, you have legal rights in relation to services that are not performed in a way that you would reasonably expect or are not as described. Information about your legal rights is available at this website. Nothing in these Terms and Conditions affects these legal rights. 

7. Amigos App is required by law to inform Buyers and Sellers if they are not protected by EU consumer law. It is not permitted for business Sellers to use the App and request a Contribution. Based on this information, we inform you that the Seller is a private Seller and therefore you are not protected by EU consumer law. 

8. It is solely the responsibility of the Buyer (or the person receiving the Services) to inform the Seller in advance of any medical or health-related conditions and/or special needs that could affect the Services or be affected by the Services (e.g., allergy information and health issues). If the Buyer (or the recipient of the Services) fails to provide such information to the relevant Seller, neither Amigos App nor the relevant Seller shall be liable to the Buyer (or the recipient of the Services) for any injury, loss, or damage resulting from the Services that could reasonably have been avoided if the Buyer (or the recipient of the Services) had disclosed this information before receiving the Services. 

5. Cancellations

1. If you are a Buyer and want to cancel a purchase after making a payment, this can only be done in direct consultation with the Seller. The Seller may withdraw from participating in the Service. 

2. Sellers have a duty to provide Services that are in accordance with the description on the App but retain the right to cancel the Services at any time. In this case, as a Buyer, you will receive a full refund. 

3. As a Seller, you may cancel Services with mandatory contribution free of charge up to two times. After this, any costs will be charged to you as a Seller. 

6. Resolving Issues

1. We care about your experience and want to maintain the highest standards. So, if you are a Buyer and want to file a complaint about one of the Sellers or their Services,

   • a. talk to the Seller directly to resolve the issue; 

   • b. leave an honest rating and any reporting through the App to reflect your experience; and/or 

   • c. send us a message or write to us at Amigos App, Hooghiemstraplein 173, 3514 AZ Utrecht, and we will do our best to help. 

2. Important notes: please note that we take all complaints about our Sellers and their Services very seriously and will always do everything we can to help resolve them, but we are not liable to you for the Service(s) provided by the Sellers and have no obligation to refund you or provide you with a credit in the event that you are not satisfied with the Services you receive from our Sellers. However, if we find that your complaint as a Buyer against the Seller is justified, we will proceed with an immediate refund. As a platform, we always reserve the right to make this decision, even without the Seller's approval. 

3. If you are a Seller and want to file a complaint about one of the Buyers, you can do so in the following ways,

   • a. talk to the Buyer directly to resolve the issue; 

• b. leave an honest rating and any reporting through the App to reflect your experience; and/or 

• c. send us a message or write to us at Amigos App, Hooghiemstraplein 173, 3514 AZ Utrecht, and we will do our best to help. 

7. Price and Payment

1. Prices and all applicable delivery and/or processing costs are as indicated on the App, but are subject to change by Amigos App or Sellers at any time (in which case the App will be updated accordingly) and it is possible that, despite our best efforts, some of the price and other information shown for certain Services may be incorrect. 

2. The Seller is responsible for administering any VAT on the total value of the Order. Amigos App does not calculate VAT on Orders, as the Services are provided by the Seller and not by Amigos App. As a result, Amigos App cannot provide you with a VAT invoice relating to your Order. You should contact the Seller directly to receive any VAT invoice. 

3. Payments via the App are processed by Pay.nl (Payment Facility). Amigos App will use reasonable endeavours to ensure that the Payment Facility is available and functioning at all times, but cannot guarantee uninterrupted or secure access to the Payment Facility, nor can we guarantee that the facility is virus or error free. We use the services of third-party payment services providers to process payments and, because many factors are outside of our control (such as delays in the banking system or in payment card networks), we cannot predict or guarantee how long it will take for your payment to be processed. Access to the Payment Facility may be restricted from time to time to allow for repairs, maintenance or the introduction of new facilities or services. We will use reasonable endeavours to notify you of planned interruptions to this Payment Facility and will do what we can to restore the facility as soon as possible. 

4. If you pay for Services via the Payment Facility, Amigos App will collect payment as an agent of the relevant Seller. Once Amigos App has successfully received your payment for the Services and the Services have taken place and been approved by us, your debt to the Seller on whose behalf Amigos App collected the payment will be discharged. 

5. As a Seller, your identity will be verified according to European legislation before you can offer Services via the App. Therefore, as a Seller, you are required to link your bank account through a so-called 1 cent payment. You will then also need to verify and confirm your personal data as a Seller. You are solely responsible for providing correct information. 

6. As a Seller, it is only possible to offer Services with a valid IBAN bank account of your own. 

7. As a Seller, you will only receive the paid contributions by Buyers for your Services after our Support team has checked them. We will do this within 72 hours after the Services have expired. However, due to unforeseen circumstances, it is possible that our Support team may need more time, for example, because they are unable to contact you as a Seller. 

8. Amigos App charges €1 in transaction and service fees for the transaction of a Buyer. This is in addition to the amount determined by the Seller for the Service(s). 

8. Buyer Protection

1. As a Buyer, you can leave a rating and/or reporting up to 48 hours after the end of the Service(s). Our Support team will attempt to check these ratings and/or reports within 72 hours of completion and determine if they are justified. 

2. As an Agent, we reserve the right to refund paid contributions by Buyers to Buyers instead of paying them out to Sellers, provided that our Support team has determined that the complaint of the Buyer(s) regarding the offered Service(s) is justified. 

3. The Buyer and the Seller accept that in the event of a dispute, we will mediate, and if the Buyer and Seller cannot reach an agreement, we will make a binding decision to resolve the dispute. If we make such a decision to pay or refund the Seller, the Buyer and the Seller will abide by it. 

9. Liability

1. If we have been negligent and/or breached a contractual obligation to you, we are liable for any damage or loss that you suffer as a result, provided that such loss and/or damage is foreseeable. Loss or damage is foreseeable if it is a clear and direct consequence of our negligence or breach of contract, or if it would have been considered as a possible direct consequence by you and us at the time we entered into the Amigos App Contract. 

2. We do not accept any liability for the following types of damage or loss, whether resulting from breach of contract, tort (including negligence), or otherwise, even if the loss is foreseeable: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, or waste of management or office time. 

3. We do not exclude or limit our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under Dutch law. 

10. Our right to amend these Terms of Use

1. We may revise these Terms of Use from time to time in the following circumstances:

   • a. If we change the process for accepting payments; 

   • b. If there are changes in relevant laws and regulatory requirements; and/or 

   • c. If there are other changes in our business that reasonably require us to amend these Terms of Use. 

2. Each time you buy or sell Services through the App, the Terms of Use in force at that time (and available for viewing on the App) apply to the Amigos App Contract between Buyer, us, and Seller. The date on which these Terms of Use were last updated is displayed at the top of this page. 

11. General

1. All your communications and notices must be sent to Amigos App by email to support@amigossocial.com or by post to Amigos App, Hooghiemstraplein 173, 3514 AZ Utrecht. Amigos App may communicate with you by post, email, or by posting notices on the Website or App.

2. Please note that our customer service is open from 9:00 am to 5:00 pm Monday to Friday (closed on holidays). 

3. Amigos App reserves the right to deactivate an Amigos App Buyer or Seller account in the event of a breach of these Terms of Use and/or when the Buyer or Seller behaves in a manner that is inappropriate, violent, or otherwise unacceptable towards our Support staff, either in communication via phone or email, or in person at the Seller's Services location. 

4. If any of these Terms of Use is found to be invalid, illegal, or unenforceable to any extent by a competent authority, that provision or condition will be severed from the remaining terms and conditions, which will remain valid and enforceable to the fullest extent permitted by law. 

5. These Terms of Use are governed by and construed in accordance with Dutch law. You and we agree that the Dutch courts have non-exclusive jurisdiction to determine any claim or dispute arising out of or in connection with the purchase or sale of Services through the App. 

November 3rd, 2022