Q: PRIVACY

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">VIA Outlets is committed to protecting your privacy and only uses any personal data that we collect form you, or that you provide to us, in accordance with applicable data protection laws and regulations. Please read our Privacy Policy available at <style data-emotion="css h82jag">.css-h82jag{margin-bottom:3px;}</style><a class="chakra-link css-h82jag" url="https://www.bataviastad.nl/en/privacy-policy" href="https://www.bataviastad.nl/en/privacy-policy">https://www.bataviastad.nl/privacy-policy</a> and our Cookie Policy available at <a class="chakra-link css-h82jag" url="https://www.bataviastad.nl/en/cookies" href="https://www.bataviastad.nl/en/cookies">https://www.bataviastad.nl/cookies</a> to understand our practices. </p></div>

Q: OTHER TERMS THAT MIGHT APPLY TO YOU

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">VIA Outlets and/or associated companies offer a number of benefits through the Website. For example, we operate a Fashion Club and from time to time we may advertise and run competitions on the Website. Additional terms and conditions will apply to such benefits. We will direct you to the additional terms and conditions at the time that you interact with us in relation to the relevant benefits. Please read the applicable terms and conditions carefully. By accepting a benefit (for example, by joining the Fashion Club or entering a competition, you signify your agreement to be bound by the additional terms and conditions applicable to that benefit. </p><p class="chakra-text css-1ui6af" dir="inherit">If there is a conflict between these Terms and the terms that apply to a benefit offered through the Website, the terms that apply to that benefit shall take precedence to the extent of such conflict. </p></div>

Q: OWNERSHIP

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">All intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to know-how (“<style data-emotion="css in3yi3">.css-in3yi3{font-weight:bold;}</style><b class="chakra-text css-in3yi3">Intellectual Property Rights”</b>), related to the Website and all text, user interfaces, visual interfaces, graphics, illustrations, photographs, trademarks, logos, computer code and other related material (together, “<b class="chakra-text css-in3yi3">Content</b>”), including but not limited to the design, arrangement, structure, selection, coordination, expression and “look and feel” of the Content, contained on the Website are owned, controlled or licenced by or to VIA Outlets. All such rights are reserved.</p><p class="chakra-text css-1ui6af"></p><p class="chakra-text css-1ui6af" dir="inherit">Nothing in the Terms constitutes the transfer of any Intellectual Property Rights from us to you. If you comply in full with these Terms, VIA Outlets grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the Website, for personal use only.</p></div>

Q: DESCRIPTION OF PRODUCTS AND/OR SERVICES AND OTHER INFORMATION

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">Unless otherwise stated or offered on our Online Shop, which is subject to separate terms and conditions, nothing in the Website constitutes an offer to buy or sell products and/or services in any jurisdiction. All details, descriptions and prices of, and other information relating to, products and/or services appearing on the Website are of a general nature only. VIA Outlets does not guarantee that any product and/or service appearing on the Website is or will be available in stock at Batavia Stad Fashion Outlet at the time you wish to purchase any particular product and/or service.</p><p class="chakra-text css-1ui6af"></p><p class="chakra-text css-1ui6af" dir="inherit">We take reasonable care to ensure that all information is correct at the time when such information was uploaded to the Website, but it is subject to change and, to the extent permitted by applicable laws/regulations and the liability regulations of Section 9, we make no representations, warranties or guarantees, whether express or implied, that the information on the Website is accurate, complete or up to date. We therefore advise you to check information concerning a retailer with them or information concerning our products and services with us.</p></div>

Q: BRAND OFFERS (INCLUDING JOB OFFERS)

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">Offers (including job offers) may be published on the Website for and on behalf of the brands trading in our Centre. We take no responsibility nor provide any guarantee on the accuracy of the offers. For any questions, please contact the brands directly (contact details are included in the relevant offer).</p></div>

Q: INDEMNITY

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">You agree to indemnify, release and hold VIA Outlets and its associated companies harmless from any claim, liability, loss, expense or demand related to your breach of these Terms.</p></div>

Q: GOVERNING LAW AND JURISDICTION

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">The Website is controlled and operated from our offices in the Netherlands. You and we both agree that these Terms and all matters arising out of or in connection with your access to and use of the Website and its Content (including all disputes) shall be governed by Dutch law. You and we both agree that the Dutch courts shall have non-exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Terms, meaning that you may bring a claim to enforce your consumer protection rights in connection with these Terms in the courts of the Netherlands or in the courts of the country in which you live.</p></div>

Q: GENERAL

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">These Terms contain the entire understanding between you and VIA Outlets with respect to the use of the Website. No representation, statement or inducement (whether oral or written) not contained in these Terms (as updated from time to time) shall be binding on either you or us.</p><p class="chakra-text css-1ui6af"></p><p class="chakra-text css-1ui6af">If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.</p><p class="chakra-text css-1ui6af"></p><p class="chakra-text css-1ui6af" dir="inherit">We may transfer our rights and obligations arising from these Terms to a third party and we will notify you of this on the Website.</p></div>

Q: QUESTIONS OR COMPLAINTS

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af" dir="inherit">If you have any questions or complaints regarding these Terms or any other matter, you may contact VIA Outlets by writing to us at Bataviaplein 60, 8242 PN, Lelystad or by emailing us at Marketing.centre@viaoutlets.com.</p></div>

Q: PRIVACY, COOKIES AND USE OF OUR WEBSITE

<div class="root-rte css-0"><style data-emotion="css 1ui6af">.css-1ui6af{margin-bottom:space-16;}</style><p class="chakra-text css-1ui6af">We are committed to protecting the privacy of members of the Newsletter and only use your personal data in accordance with applicable data protection law. Please read our Privacy Policy available at <style data-emotion="css h82jag">.css-h82jag{margin-bottom:3px;}</style><a class="chakra-link css-h82jag" url="https://www.bataviastad.nl/en/privacy-policy" href="https://www.bataviastad.nl/en/privacy-policy">https://www.bataviastad.nl/en/privacy-policy</a> to understand how your personal data is collected and used as part of the Newsletter. The contract between us requires us to process your personal data in accordance with this Privacy Policy.</p><p class="chakra-text css-1ui6af">Please also read our Cookie Policy available at <a class="chakra-link css-h82jag" url="https://www.bataviastad.nl/en/cookies" href="https://www.bataviastad.nl/en/cookies">https://www.bataviastad.nl/en/cookies</a> to understand how we use cookies as part of the Newsletter and our Website Terms available at <a class="chakra-link css-h82jag" url="https://www.bataviastad.nl/en/terms-conditions" href="https://www.bataviastad.nl/en/terms-conditions">https://www.bataviastad.nl/en/terms-conditions</a> to understand how we operate www.bataviastad.nl and the conditions upon which you are permitted to access and navigate it.</p></div>

Question 1

WEBSITE TERMS AND CONDITIONS

Accepted Answer

Last updated: January 2024

These terms and conditions (“Terms”) govern our provision of, and your access and use of, https://www.bataviastad.nl/en (the “Website”) in addition to all applicable laws and regulations.

Please read these Terms carefully before using the Website. By using the Website, you signify your agreement to be bound by these Terms. If you do not agree to these Terms, please do not use the Website.

The Website is operated and provided to you by Batavia Stad Outlet Shopping B.V., business address: (8242 PN), Bataviaplein 60, Lelystad, trade registry number: 30220831. References in these Terms to “VIA Outlets”, “we”, “us” or “our” are to this entity.

These Terms are subject to change from time to time. The current version of the Terms will be posted on this page. Please ensure that you revisit and review these Terms regularly as you will be deemed to have accepted, and will be bound by, such changes if you continue to use the Website after the posting of any changes to these Terms.

These Terms do not affect your statutory rights.

Question 2

PRIVACY

Accepted Answer

VIA Outlets is committed to protecting your privacy and only uses any personal data that we collect form you, or that you provide to us, in accordance with applicable data protection laws and regulations. Please read our Privacy Policy available at https://www.bataviastad.nl/privacy-policy and our Cookie Policy available at https://www.bataviastad.nl/cookies to understand our practices.

Question 3

OTHER TERMS THAT MIGHT APPLY TO YOU

Accepted Answer

VIA Outlets and/or associated companies offer a number of benefits through the Website. For example, we operate a Fashion Club and from time to time we may advertise and run competitions on the Website. Additional terms and conditions will apply to such benefits. We will direct you to the additional terms and conditions at the time that you interact with us in relation to the relevant benefits. Please read the applicable terms and conditions carefully. By accepting a benefit (for example, by joining the Fashion Club or entering a competition, you signify your agreement to be bound by the additional terms and conditions applicable to that benefit.

If there is a conflict between these Terms and the terms that apply to a benefit offered through the Website, the terms that apply to that benefit shall take precedence to the extent of such conflict.

Question 4

OWNERSHIP

Accepted Answer

All intellectual property rights and associated rights, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to know-how (“Intellectual Property Rights”), related to the Website and all text, user interfaces, visual interfaces, graphics, illustrations, photographs, trademarks, logos, computer code and other related material (together, “Content”), including but not limited to the design, arrangement, structure, selection, coordination, expression and “look and feel” of the Content, contained on the Website are owned, controlled or licenced by or to VIA Outlets. All such rights are reserved.

Nothing in the Terms constitutes the transfer of any Intellectual Property Rights from us to you. If you comply in full with these Terms, VIA Outlets grants you a limited, personal, revocable, non-exclusive, non-sublicensable and non-transferable right to access and use the Website, for personal use only.

Question 5

AVAILABILITY AND FAULTS

Accepted Answer

Whilst VIA Outlets aims to ensure that the Website, its Content, any features or benefits offered through the Website and any information contained on it, are error-free, uninterrupted and free from bugs and viruses, due to the nature of the internet, we cannot guarantee this.

We are under no obligation to update any information contained on the Website. We are entitled to modify, edit, suspend, discontinue or terminate (temporarily or permanently), the Website (or any portion or portions of it), its Content, any features or benefits offered through the Website and/or any information contained on it (or any portion or portions of those) with or without notice, for business or operational reasons. Your ability to access and use the Website may also be restricted from time to time to allow for repairs, maintenance or the introduction of new Content, features or benefits. We will attempt to limit the frequency and duration of any such restriction.

Access to or use of the Website (including its Content, any features or benefits offered through it, or any information contained on it) may be prohibited by law in certain countries or jurisdictions. We make no guarantee that the Website (including its Content, any features or benefits offered through it or any information contained on it) is appropriate or available for use in locations outside the Netherlands. If you choose to access the Website from outside the Netherlands, you do so on your own initiative and are responsible for compliance with all applicable laws and regulations of the country from which you are accessing or using the Website.

The Website and its Content are provided on an “as-is” and “as-available” basis and, to the extent permitted by applicable laws and regulations, made without any representations, warranties or guarantees of any kind.

Each and every access and use of the Website is made at your own risk and responsibility. You should use your own virus protection software.

Question 6

YOUR USE OF THE WEBSITE

Accepted Answer

You must not:

use the Website or its Content in a way that is contrary to its purpose, illegal, contrary to these Terms and/or that otherwise may harm VIA Outlets or others;
except as expressly permitted in these Terms, copy, download, reproduce, republish, duplicate, re-transmit, sell, decompile, reverse engineer, scrape, collect, distribute or otherwise exploit any part of the Website or its Content for any purpose without obtaining our prior consent;
knowingly introduce to the Website malicious software or technologically harmful software code or other material that can alter, damage, disable, infect or delete the Website or make it unavailable or inaccessible;
gain or attempt to gain unauthorised access to the Website or any part of it, or any computer systems, servers or networks connected to the Website, or to any benefits offered through the Website, by hacking, circumventing security measures or technical limitations (including limitations to the use) or other illegal or illegitimate means;
in using the Website, knowingly provide us with false or misleading information; and/or
interfere with any other person’s access to, use or enjoyment of, the Website.

We reserve the right to suspend or prevent your access to the Website (or any portion or portions of it) if we believe that you are accessing or using the Website in any way that is in breach of these Terms. If you print off, copy or download any part of the Website in breach of these Terms, you must, at our option, return or destroy any copies of the materials you have made.

Question 7

DESCRIPTION OF PRODUCTS AND/OR SERVICES AND OTHER INFORMATION

Accepted Answer

Unless otherwise stated or offered on our Online Shop, which is subject to separate terms and conditions, nothing in the Website constitutes an offer to buy or sell products and/or services in any jurisdiction. All details, descriptions and prices of, and other information relating to, products and/or services appearing on the Website are of a general nature only. VIA Outlets does not guarantee that any product and/or service appearing on the Website is or will be available in stock at Batavia Stad Fashion Outlet at the time you wish to purchase any particular product and/or service.

We take reasonable care to ensure that all information is correct at the time when such information was uploaded to the Website, but it is subject to change and, to the extent permitted by applicable laws/regulations and the liability regulations of Section 9, we make no representations, warranties or guarantees, whether express or implied, that the information on the Website is accurate, complete or up to date. We therefore advise you to check information concerning a retailer with them or information concerning our products and services with us.

Question 8

THIRD PARTY WEBSITES

Accepted Answer

The Website may contain links to other websites operated by unrelated companies and persons (“Third Party Website”). These links are provided for your information only.

The inclusion on the Website of any link to a Third Party Website does not mean that VIA Outlets accepts any responsibility for that Third Party Website, its content or use, or the use of any features, products and/or services made available through that Third Party Website. VIA Outlets has no control over such Third Parties Websites or any information or materials contained on them and has not investigated, monitored or checked any such Third Party Websites for accuracy, completeness or conformance with applicable laws and regulations. VIA Outlets is not responsible for any damages or injuries caused as a result of your use of, or reliance on, Third Party Websites or any information or materials contained on them. You access and use Third Party Websites at your own risk.

VIA Outlets has some arrangements with carefully selected companies, who may sell you products or services on Third Party Websites linked to the Website and bearing our branding or indicating an association with VIA Outlets, as in the case of gift cards or other similar promotions. When you link through to some of these Third Party Websites they may still be framed by the Website or have VIA Outlets’ branding. In such cases, please be aware that these products and services are sold by a third party. While VIA Outlets selects such third parties carefully, it is not responsible for the products and services, which they offer and sell. Therefore, you should check any terms and conditions of those Third Party Websites and of any products and services which they offer.

Question 9

LINKS TO OUR WEBSITE

Accepted Answer

You may create a link to the homepage of the Website from another website or document without VIA Outlets’ prior consent provided you do so in a way that is legal and provided that such link shall not:

create a frame or any other browser or border environment around the content of the Website;
suggest or imply that VIA Outlets endorses, approves or is in any way associated with: (i) the website or document from which a link to the Website is created; or (ii) any features, products or services of, or available through, the website or document from which a link to the Website is created;
display any trademark(s) used on the Website without VIA Outlets’ prior consent or the prior consent of the owner of such trademark(s);
be placed on a website or in a document that contains content that is unlawful, threatening, libellous, defamatory, obscene, pornographic or profane or could constitute or encourage conduct that would be considered a criminal offence or breach of any laws or regulations; and/or
portray VIA Outlets, its associated or collaborating companies (including their products and/or services) in a false, misleading, derogatory, or otherwise offensive manner, or in a manner that may damage or take advantage of the reputation of VIA Outlets or its associated or collaborating companies (including their products and/or services).

You are solely responsible for the website or document on which you place a link to the Website and for any representations made or impressions created on that website or in that document concerning VIA Outlets, its associated or collaborating companies or the Website. You are also solely responsible for bringing these Terms to the attention of any person receiving access to the Website via your link. VIA Outlets reserves the right to require that any link or links you create from another website or document in breach of these Terms is removed.

Question 10

BRAND OFFERS (INCLUDING JOB OFFERS)

Accepted Answer

Offers (including job offers) may be published on the Website for and on behalf of the brands trading in our Centre. We take no responsibility nor provide any guarantee on the accuracy of the offers. For any questions, please contact the brands directly (contact details are included in the relevant offer).

Question 11

LIABILITY

Accepted Answer

We in our own capacity and on behalf of our associated companies exclude liability arising out of or in connection with access or use of the Website or any website with which it is linked (whether based in contract, negligence, tort, strict liability or any other basis) for any of the following losses:

losses from unavailability of the Website or technical faults with the Website;
losses caused by denial-of-service attack, viruses or other technologically harmful material;
losses caused by the inaccuracy of the Website;
losses that were not caused by any breach on our part;
any business loss (including loss of profits, business, revenue, contracts, anticipated savings, data, goodwill, wasted expenditure, business interruption or loss of business opportunity); or
any indirect or consequential losses.

In any event, our aggregate liability and that of our associated companies arising out of or in connection with access or use of the Website or any website with which it is linked (whether based in contract, negligence, tort, strict liability or any other basis) shall not exceed the amount of EUR 500.

Nothing in these Terms excludes or limits our liability (or is intended to exclude or limit our liability) for: (i) death or personal injury caused by negligence or wilful misconduct of our executives and/or higher management; (ii) fraudulent representations; or (iii) any other liability that cannot be excluded or limited by applicable laws and regulations.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you, and you may have additional statutory rights.

Question 12

INDEMNITY

Accepted Answer

You agree to indemnify, release and hold VIA Outlets and its associated companies harmless from any claim, liability, loss, expense or demand related to your breach of these Terms.

Question 13

GOVERNING LAW AND JURISDICTION

Accepted Answer

The Website is controlled and operated from our offices in the Netherlands. You and we both agree that these Terms and all matters arising out of or in connection with your access to and use of the Website and its Content (including all disputes) shall be governed by Dutch law. You and we both agree that the Dutch courts shall have non-exclusive jurisdiction to settle any disputes that may arise out of or in connection with these Terms, meaning that you may bring a claim to enforce your consumer protection rights in connection with these Terms in the courts of the Netherlands or in the courts of the country in which you live.

Question 14

GENERAL

Accepted Answer

These Terms contain the entire understanding between you and VIA Outlets with respect to the use of the Website. No representation, statement or inducement (whether oral or written) not contained in these Terms (as updated from time to time) shall be binding on either you or us.

If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

We may transfer our rights and obligations arising from these Terms to a third party and we will notify you of this on the Website.

Question 15

QUESTIONS OR COMPLAINTS

Accepted Answer

If you have any questions or complaints regarding these Terms or any other matter, you may contact VIA Outlets by writing to us at Bataviaplein 60, 8242 PN, Lelystad or by emailing us at Marketing.centre@viaoutlets.com.

Question 16

NEWSLETTER | INTRODUCTION

Accepted Answer

These terms and conditions (“Terms”) govern our Newsletter (previously known as the VIP Programme) (“Newsletter”).

The Newsletter at the Centre is operated and provided to you by Batavia Stad Outlet Shopping B.V., a private company with limited liability, having its registered office at Bataviaplein 60, 8242 PN, Lelystad, The Netherlands, registered with the Commercial Register at Amsterdam under number 30220831. References in these Terms to “we” or “us” are to this entity.

The joint data controllers of the personal data you provide to us as part of the Newsletter are Batavia Stad Outlet Shopping B.V. and VIA Outlets B.V., a private company with limited liability incorporated in the Netherlands under Chamber of Commerce number 76586537, having its registered office at WTC Building Schiphol, 4^TH Floor Tower F, Schiphol Boulevard 153, 1118 BG Schiphol, The Netherlands.

The Privacy Policy available at https://www.bataviastad.nl/en/privacy-policy provides further information about the data controller of the Newsletter and how your personal data is collected and used as part of the Newsletter.

As a recipient of the Newsletter you may be offered various benefits from time to time such as the opportunity to participate in events and competitions, invitations to Private Sales, as well as special offers tailored to your preferences (each a “Benefit and together, “Benefits”). Benefits may be subject to their own additional terms and conditions. Please read these additional terms carefully before accepting any Benefits. By accepting a Benefit, you signify your agreement to be bound by those additional terms. From time to time, we may also invite you to participate in surveys or focus groups carried out by us, or by third parties on our behalf. There is no requirement to take part in these surveys and/or focus groups and it will not affect your subscription to the newsletter.

These Terms may be amended at any time by us and, if you choose to sign up to the Newsletter, we will notify you of any changes by email. The current version will also be displayed on www.bataviastad.nl or can be obtained at the information centre located at Batavia Stad Fashion Outlet (the “Information Centre”). If you do not agree with any changes that we make to these Terms, please let us know as soon as possible by sending an email to Privacy.bataviastad@viaoutlets.com. By continuing to view the Newsletter and use the Benefits of the membership, you are deemed to have accepted the latest version of the Terms.

If we propose a change to the Terms that might have a significant effect on you, we may ask for your consent to the change.

If you do not give your consent to a change where we have asked for it (or if you contact us to say you do not agree to a change we have notified to you then we will cancel your membership of the Newsletter.

If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

Question 17

NEWSLETTER MEMBERSHIP TERMS

Accepted Answer

To have access to our Newsletter, you must be aged 16 years old or older and have a valid email address so that we can communicate with you about your membership. The Newsletter is only for personal use by members.

Membership of the Newsletter is free for you and you are not required to buy any products or services whatsoever.

Membership of the Newsletter is entirely at our discretion and accordingly we can refuse an application for any reason. An individual may only have one active Newsletter membership at any one time. We reserve the right to refuse, merge or close additional memberships at any time. We reserve the right to monitor the number of memberships in any household, and to cancel any suspected duplicated memberships.

If you want to stop receiving Newsletter

You may choose to stop receiving our newsletters and Benefit offers at any time by sending an email to us at Privacy.batavia@viaoutlets.com. Alternatively, you can opt out of receiving marketing communications from us by clicking the link on our Newsletter emails. You must keep us informed of any changes to your personal membership details. You can inform us of changes to your personal membership details by sending an email to us at Privacy.batavia@viaoutlets.com. We will not be responsible for any loss of any Benefits resulting from your details being out of date or inaccurate.

We may, at any time, in our sole discretion and without reason, terminate the Newsletter.

We may cancel your membership of the Newsletter at any time in the event that: (i) we terminate the Newsletter; (ii) we reasonably believe that you have breached these Terms; or (ii) we reasonably believe that you have behaved in an inappropriate, misleading or abusive manner, or in a way which is fraudulent or illegal.

We may at our discretion amend, decline to issue, withdraw or cancel the Newsletter Benefits (such as private sales invitations, coupons/vouchers or special offers) at any time.

Question 18

RESPONSIBILITIES AND LIABILITIES OF US AND YOU

Accepted Answer

Benefits you receive are your responsibility. We will not be held liable for any loss arising from you failing to ensure their safe keeping.

Benefits you receive cannot be transferred (unless expressly mentioned in the particular offer), bought, sold or in any way traded. Only one Benefit can be used at any one time and cannot be combined with any other Benefit.

All Benefits are subject to an expiry date, beyond which they cannot be used or reissued. Benefits that are lost or mislaid will not be reissued. Benefits are only redeemable at the location stated.

Many Benefits we communicate to you are offered by participating brands or retailers themselves. We do not (other than as required by applicable law): (i) take any responsibility for the offers provided by the participating brands or retailers; and/or (ii) provide any warranties regarding the goods (including without limitation the quality thereof) that you may obtain through the offer at the relevant participating brand or retailer. You shall have no right to make any claim against us or the Newsletter programme in the event that a participating brand or retailer fails to honour an offer made by that participating brand or retailer.

Our liability, whether based upon (attributable) default, unlawful act or any other ground, shall not exceed the amount of EUR 500.

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence or wilful misconduct; (ii) fraudulent representations made by us; or (iii) any other liability that cannot be excluded or limited by applicable law.

Question 19

PRIVACY, COOKIES AND USE OF OUR WEBSITE

Accepted Answer

We are committed to protecting the privacy of members of the Newsletter and only use your personal data in accordance with applicable data protection law. Please read our Privacy Policy available at https://www.bataviastad.nl/en/privacy-policy to understand how your personal data is collected and used as part of the Newsletter. The contract between us requires us to process your personal data in accordance with this Privacy Policy.

Please also read our Cookie Policy available at https://www.bataviastad.nl/en/cookies to understand how we use cookies as part of the Newsletter and our Website Terms available at https://www.bataviastad.nl/en/terms-conditions to understand how we operate www.bataviastad.nl and the conditions upon which you are permitted to access and navigate it.

Question 20

HOW WE CONTACT YOU AND HOW YOU CAN CONTACT US

Accepted Answer

We will contact you by email, App, social media, SMS or post, using the contact details you have provided to us from time to time.

If you no longer wish to receive marketing communications from us, leave the Newsletter programme or inform us of any changes to your personal membership details, please let us know by sending an email to us at Privacy.Batavia@viaoutlets.com. You may also opt-out of receiving marketing communications by clicking the opt-out link on our newsletter emails.

Question 21

GOVERNING LAW AND JURISDICTION

Accepted Answer

The Terms are governed by Dutch law, and are subject to the exclusive jurisdiction of the courts of The Netherlands.

Question 22

GENERAL TERMS AND CONDITIONS WI-FI

Accepted Answer

Date: January 2024

These general terms and conditions apply to the free use of the Wi-Fi network of Batavia Stad Fashion Outlet (the “Centre”). By logging in on the Wi-Fi network of the Centre, you confirm that you have read and understood these General Terms and Conditions and that you agree to them. If you do not agree to these General Terms and Conditions, do not use the Service.

These General Terms and Conditions and all revisions thereto are always accessible on the website of the Centre at https://www.bataviastad.nl/en.

Question 23

1. DEFINITIONS

Accepted Answer

1.1 In these General Terms and Conditions, the following terms have the following meaning.

General Terms and Conditions / Terms: these general conditions for the use of the Service.

Batavia Stad Fashion Outlet: the private limited company Batavia Stad Outlet Shopping B.V., a private company with limited liability, incorporated and existing under the laws of The Netherlands, having its registered office in Amsterdam, the Netherlands, office address at Bataviaplein 60, 8242 PN Lelystad, the Netherlands, registered with the Commercial Register at the Chamber of Commerce under number 30220831, VAT identification number: NL.8173.78820.B01.

Device: the device with which you use to make a connection with the Wi-Fi network.

Privacy Policy: the privacy statement of Batavia Stad Fashion Outlet, available via https://www.bataviastad.nl/en/privacy-policy.

Service: the provision of wireless access to the internet via the Wi-Fi network.

You: a natural person making use of the Service.

“We” and “Us”: means Batavia Stad Fashion Outlet and “our” and “ours” shall be construed accordingly.

Wi-Fi network: an unsecured wireless network offering you free access to the internet.

Question 24

2. GENERAL

Accepted Answer

2.1 We are entitled at all times to modify and/or supplement these General Terms and Conditions. The most up-to date Terms will be brought to your attention before you use the Service. If you continue to use the Service after the modification and/or supplementation of these Terms, you will be accepting the modified and/or supplemented Terms. If you do not agree to the modified and/or supplemented Terms, your only option is to not use the Service.

2.2 In the event that these Terms are partially invalid, you will remain bound by the valid provisions of these Terms. We shall replace the invalid provision(s) by provisions which are valid, and which have legal consequences corresponding as closely as possible with the legal consequences of the invalid provision(s), having regard to the content and the object of these Terms.

Question 25

3. USE OF THE WI-FI NETWORK

Accepted Answer

3.1 The Service enables you to connect to the Internet, free of charge, by means of the Wi-Fi network. Please always be aware that Additional fees may be charged by your (internet) provider.

3.2 We may assume that you are the actual person logging in to use the Service [with your login details]. We are not liable for damage resulting from any unauthorized access to or use of the Service by third parties.

3.3 You are responsible and liable for all actions performed when using the Service.

3.4 The Service is intended for your personal use only and in accordance with these Terms. You may not use the Service for any commercial or business purpose and you do not have the right to resell or enable access to the Service to any third party.

3.5 You are responsible for the configuration of your own Device. Employees of the Centre cannot assist the User in the installation, programming and/or configuration of a wireless internet connection. The Service is available to your Device only when it is within the range of our Wi-Fi network.

3.6 We reserve the right to immediately and without notice, suspend your access to the Service if we suspect that you are transmitting a virus (or any other manipulating program capable of modifying other programs and replicating itself).

3.7 We are at all times entitled, without in any way becoming liable to you, (i) to make procedural and technical alterations and/or improvements to the Service, and/or (ii) to (permanently or temporarily) take the Service out of use, limit the use of the Service, or cancel the Service altogether.

Question 26

4. SECURITY

Accepted Answer

4.1 By using the Service, you acknowledge and agree that the transmission of information via the internet and via the Service may be subject to security, privacy and confidentiality risks. We cannot guarantee the security or confidentiality of your (personal) data transmitted via the Service and therefore any transmission or use of the Service is entirely at your own risk. We recommend that while using the Service you use an approved secure technology and/or a personal firewall. You understand and agree that not all viruses or similar harmful programs can be detected or prevented.

4.2 The data traffic between the Wi-Fi network and your Device is sent without encryption. You accept the risk that the data in transit can be received by others than for whom they are intended. You are personally responsible for securing the data traffic between your Deviceand the Wi-Fi network against any unauthorized access by third parties. You are also personally responsible for securing your Deviceagainst viruses, Trojan horses, and other forms of undesired access to your Device.

Question 27

5. CONTENT

Accepted Answer

5.1 We do not control, nor are it in any way liable for, data or content that you access or receive via the Service. We are not a publisher of third-party content that can be accessed through the Service and are not responsible for any opinions, advice, statements, services or other information provided by third parties and accessible through the Service. You are responsible for evaluating such content.

5.2 It is your responsibility to evaluate the value and integrity of goods and services offered by third parties accessible via the service. We will not be a party to, nor in any way be responsible for, any transaction concerning third party goods and services. You are responsible for all consents, royalties and fees related to third party vendors whose sites, products or services you access, buy or use via the Service.

5.3 We provide this Service to you and other Wi-Fi users in the Centre free of charge. The Service is intended to support general web browsing activities. Due to limited bandwidth and to ensure a consistent experience for all customers, our Service may not support high-bandwidth actions such as streaming music, streaming video or downloading large files.

5.4 You are not permitted to use the Service for a purpose as listed below or make information, data or content available:

which, at our discretion, encourages aggressive behaviour, is discriminating or is otherwise deemed hurtful, offensive or inappropriate or that consist of creating a false identity;
that consist of child pornography and/or distributing pornographic materials to minors;
in which personal data is made available, other than in compliance with applicable law;
which contains viruses, Trojan horses, worms, bots or other software which can damage automated work or make it unusable or inaccessible or delete it, or which can appropriate it or which is intended to circumvent our technical protection measures of and/or the computer systems;
which qualifies as or transmits unwanted or unsolicited material or content (spam);
which infringes our rights of and/or of third parties, including but not limited to intellectual property rights or rights concerning the protection of privacy;
which qualifies as or transmits unwanted or unsolicited material or content (spam);
which is fraudulently or in connection with a criminal offence or in any way illegal or unlawful.

5.5 In the event of a suspicion of misuse within the meaning of article 5.4, we may be legally obliged to inform the appropriate authorities of that suspicion. If we are legally obliged to do so, or see any other reason to do so, your details will be passed on to the appropriate authorities.

Question 28

6. WARRANTIES

Accepted Answer

6.1 Other than expressly set out in these Terms and to the greatest extent permitted by law, we make no representations or warranties with respect to the speed, bandwidth quality and reliability of the internet connection made available to you by means of the Service, accuracy and completeness, reliability or usefulness of the Service, or the performance of its obligations hereunder, and we expressly disclaim all warranties and conditions or representations of any kind, whether express, statutory, or by common law, implied or otherwise, including, but not limited to, implied warranties of satisfactory quality or fitness for a particular purpose. You accept that the Service only has those functionalities and other characteristics in effect at the moment of Use ('as is' basis).

6.2 We do not guarantee that the Service shall be available to you at all times and without interruptions, faults or disturbances, that the Service shall be effective, or the use of the Service shall lead to certain results or that the information provided through the Service shall be accurate, up to date and complete.

6.3 We are not responsible for: (i) the purchase and/or the proper operation of your Device; (ii) transmission errors, malfunctions or non-availability of computer, data or telecom facilities, including the internet; (iii) loss, damage, inaccuracy and/or incompleteness of any Content; (iv) making backup copies of any content; (v) any unauthorized use or attempted use of the Service.

Question 29

7. PERSONAL DATA

Accepted Answer

If you choose to use the Service to access websites, services or content provided by third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies. We have no responsibility for their policies, or third parties’ compliance with them.

Question 30

8. PERSONAL DATA PROTECTION

Accepted Answer

If you choose to use the Service to access websites, services or content provided by third parties, then your personal information may be available to the third-party provider. The way third parties handle and use your personal information related to the use of their services is governed by their policies. We have no responsibility for their policies, or third parties’ compliance with them.

Question 31

8. LIABILITY

Accepted Answer

8.1 Each and every use of the Service is at your own risk. You are personally responsible for all the use that you make of the Service.

8.2 Our liability, whether based upon (attributable) default, unlawful act or any other ground, shall not exceed the amount of EUR 500.

8.3 We are in no way liable for damage or in any other way to you for any damage arising or resulting from the (temporary), intermittent, or (permanent) unavailability or inaccessibility of the Service.

8.4 You will indemnify (fully compensate) us against all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred as a result of any claim resulting from your breach of these Terms.

8.5 There will be no breach of these Terms by us in the event we cannot perform any obligations as set out in these Terms if prevented therefrom by force majeure. Force majeure is taken to mean inter alia: illness of employees and/or absence of key employees, power failures, strikes, riots, government measures, fire, natural disasters, floods, failure of our suppliers, shortcomings by third parties which were engaged by us, disruption of the internet connection, DDoS attacks, non-applicability of third party services, hardware failures and failures in (telecommunication) networks and any other unforeseeable conditions.

Question 32

9. TERMINATION

Accepted Answer

9.1 You are entitled to terminate the use of the Service at any time.

9.2 We may suspend the Service or terminate this agreement immediately at any time and for any reason.

9.3 Upon termination, for whatever reason, you shall not be able to access and use the Service anymore. We will not be obliged to provide any content or other information to you or convert or export such information.

Question 33

10. COMPLAINTS AND NOTICES

Accepted Answer

In the event of complaints or notices, you must contact the Centre by sending an email to Privacy.Batavia@viaoutlets.com. We endeavour to respond to a complaint or notice as soon as reasonably possible.

Question 34

11. JURISDICTION

Accepted Answer

These Terms and the use of the Service are governed by Dutch law. Any disputes arisen as a result of these General Terms and Conditions shall be resolved by the civil court in Amsterdam, unless mandatory law determines that the dispute must be brought before another court.

Question 35

12. CHANGING THESE GENERAL TERMS AND CONDITIONS

Accepted Answer

Unless otherwise stated by us, we will publish any changes to these Terms online at https://www.bataviastad.nl.

Question 36

13. LEGALLY VALID VERSION

Accepted Answer

Only the Dutch and English versions of these General Conditions are legally valid.

Question 37

FASHION CLUB | INTRODUCTION

Accepted Answer

These terms and conditions (“Terms”) govern our Fashion Club membership scheme (“Fashion Club”) at Batavia Stad Fashion Outlet (the “Centre”).

Please read these Terms carefully before joining the Fashion Club. By joining the Fashion Club, you agree to be bound by these Terms.

The Fashion Club at the Centre is operated and provided to you by Batavia Stad Outlet Shopping B.V., a private company with limited liability, having its registered office at Bataviaplein 60, 8242 PN, Lelystad, the Netherlands, registered with the Commercial Register at Amsterdam under number 30220831. References in these Terms to “we” or “us” are to this entity.

The joint data controllers of the personal data you provide to us as part of the Fashion Club are Batavia Stad Outlet Shopping B.V. and VIA Outlets B.V., a private company with limited liability incorporated in the Netherlands under Chamber of Commerce number 76586537, having its registered office at WTC Building Schiphol, 4^TH Floor Tower F, Schiphol Boulevard 153, 1118 BG Schiphol, the Netherlands.

The Privacy Policy available at https://www.bataviastad.nl/en/privacy-policy provides further information about how your personal data is collected and used as part of the Fashion Club.

The Fashion Club enables members to receive various benefits from time to time, including the ability to make savings at the Centre by collecting loyalty credits on particular purchases, access to special offers and Private Sales, promotions and discounts at the Centre and the opportunity to participate in competitions and receive exclusive events such as invitations to Private Sales tailored to your preferences (each a “Benefit” and together, “Benefits”). Please see section 1 (Fashion Club Benefits) for more information about the Benefits of the Fashion Club. Benefits may be subject to their own additional terms and conditions. We will direct you to these additional terms and conditions at the time we communicate with you about the relevant Benefits. Please read those additional terms and conditions carefully before accepting the relevant Benefits. By accepting a Benefit, you agree to be bound by those additional terms and conditions. From time to time, we may also invite you to participate in surveys or focus groups carried out by us, or by third parties on our behalf. There is no requirement to take part in these surveys and/or focus groups and it will not affect your membership of the Fashion Club.

In addition, all Fashion Club members have access to Batavia Stad Fashion Outlet’s online shopping platform, allowing you to enjoy the benefits of the Fashion Club membership and shop for your favourite brands from the comfort of your own home. For more information, please see https://shop.bataviastad.nl/page/onlinevoorwaarden.

These Terms may be amended at any time by us and, if you choose to become a member of the Fashion Club, we will notify you of any material changes by email. The current version will also be displayed on www.bataviastad.nl or can be obtained at the information centre located at Batavia Stad Fashion Outlet (the “Information Centre”). If you do not agree with any changes that we make to these Terms, please let us know as soon as possible by sending an email to Marketing.Batavia@viaoutlets.com. By continuing to use your Fashion Club membership after the changes have come into effect, you are deemed to have accepted the latest version of the Terms.

If we propose a change to the Terms that might have a significant effect on you, we may ask for your consent to the change.

If you do not give your consent to a change where we have asked for it (or if you contact us to say you do not agree to a change we have notified to you) then we will cancel your membership of the Fashion Club.

If at any time any provision of these Terms is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

Question 38

1. FASHION CLUB BENEFITS

Accepted Answer

1.1 Overview

The Fashion Club enables members to receive various benefits from time to time, including the ability to make savings at the Centre by collecting loyalty credits on particular purchases (we call these Benefits “Loyalty Credits”), and access to special offers, promotions and discounts at the Centre (we call these Benefits “Offers"). For the avoidance of doubt, Loyalty Credits do not constitute a payment instrument.

Once you have joined the Fashion Club, we will issue you with a unique code by email. Alternatively, you can collect a Fashion Club membership card (“Fashion Club Card”) from the Information Centre or you can download and register for our Fashion Club mobile app (“Fashion Club App”) or via the Centre website (your account page). All methods of using the Fashion Club membership (email, Fashion Club Card or Fashion Club App) use a unique code (“Unique Code”) and as a member of the Fashion Club you can use this Unique Code, to participate in the Fashion Club and redeem the Benefits you have collected. As a member of the Fashion Club you can choose to use either the unique code sent to you via email, a Fashion Club Card or the Fashion Club App to participate in the Fashion Club and redeem any Benefits.

The Unique Code is limited to one per registered member and are for personal use by the registered member only.

You must present your Unique Code at the checkout of the relevant Participating Retailer’s store to redeem the Benefits that are offered by that Participating Retailer. Please see section 1.3 (Loyalty Credits) for more information about how to redeem Loyalty Credits, and section 1.4 (Offers) for more information about how to redeem Offers.

Provided you have consented to receiving marketing emails from us, as a member of the Fashion Club, we will also send you Offers by email. To redeem these Offers, you may also be required to present the email containing details of the Offer at the relevant Participating Retailer’s store.

1.2 Participating Retailers

Loyalty Credits and Offers only apply to brands and retailers at the Centre who choose to participate in the Fashion Club (“Participating Retailers”).

The Participating Retailers may change from time to time. Additionally, it may be the case from time to time that not all Participating Retailers are participating in the Fashion Club in relation to both the Loyalty Credits and Offers; some Participating Retailers may only participate in the Loyalty Credits and some may only participate in the Offers. For instance, food and beverage retailers will not participate in collecting and redeeming Loyalty Credits.

A list of the current Participating Retailers for the Loyalty Credits and the current Participating Retailers for the Offers is available at https://www.bataviastad.nl/en/shops. We will update this list from time to time so please review this list before visiting the Centre.

1.3 Loyalty Credits

(i) Collecting Loyalty Credits

For every purchase you make at a Participating Retailer’s store, you are entitled to collect 5% of the value (including VAT) of your purchase in Loyalty Credits.

The Loyalty Credits will be recorded to your Fashion Club membership account.

In order to collect Loyalty Credits for a purchase you make at a Participating Retailer’s store, you must present your Unique Code at the checkout of that Participating Retailer’s store when you make the purchase. If you forget to do this or you believe that the Loyalty Credits were not properly recorded to your Fashion Club membership account at the time of the transaction, you may have the Loyalty Credits added up to 14 days after the transaction upon production of a valid original cash register receipt at the Participating Retailer’s store of purchase, provided the receipt belongs to the claiming member and is based on their personal spend. Loyalty Credits can only be added in relation to purchases made since you became a member of the Fashion Club. Receipts that pre-date the date of your membership cannot be added.

Loyalty Credits are allocated to your account based on qualifying spend and are not rounded up, for example, spend of €99.99 will mean a credit of €4.99, a spend of €100 Euros will mean a credit of €5.

Loyalty Credits recorded to your Fashion Club membership account may be removed or cancelled (in whole or in part) if we determine that such credits were collected in breach of these Terms or were awarded in error. For the avoidance of doubt, any advice or action of staff members at the Participating Retailers or at the Centre that is contrary to these Terms will not have the effect of changing these Terms.

If you do not use your Unique Code to collect or redeem Loyalty Credits for a period of 12 months, you will lose the Loyalty Credits you have collected up to that point.

(ii) Redeeming Loyalty Credits

You can redeem Loyalty Credits on qualifying purchases at Participating Retailers’ stores. The maximum amount of Loyalty Credits that you can put towards a purchase is 25% of the value of that purchase (including VAT). Loyalty Credits cannot be converted into money or cashed otherwise.

Please be aware that redemption may not be possible on certain items, particularly in combination with special promotions or goods offered with an additional discount to the outlet price. This shall be clearly communicated to you by the Participating Retailer.

Only integer percentages may be discounted from an item, for example, you purchase an item with a selling price of €89, and you have €5.80 in Loyalty Credits, the most you can redeem is €5.34 as this is 6%, you do not have enough credit to redeem 7% and they system will not allow 6.5% to be redeemed.

Redemption of Loyalty Credits are rounded down, based on a full percentage being redeemed, for example, purchasing an item at €89.99 and you have €5.40 in your account, the system will allow you to redeem 6% of the value if the item, which is technically €5.3994, the item will be reduced by €5.39, not €5.40.In addition, you may be prevented from redeeming Loyalty Credits if: (i) the Participating Retailer has reason to suspect fraud or misconduct on your part or in the way you are using the Loyalty Credits; or (ii) we determine that the Loyalty Credits were collected in breach of these Terms or were awarded in error.

(iii) Returning goods for which you have collected or redeemed Loyalty Credits

When returning your goods, you must present your Unique Code at the checkout of that Participating Retailer.

If you collect Loyalty Credits when purchasing goods at a Participating Retailer’s store and you later decide to return those goods for any reason, the Loyalty Credits recorded to your Fashion Club membership account will be deducted.

If you redeem Loyalty Credits when purchasing goods at a Participating Retailer’s store (i.e., you have partially paid for your goods using your Loyalty Credits) and you later decide to return those goods for any reason, the Loyalty Credits used will not be restored to your Fashion Club membership account. If you collect any Loyalty Credits as part of the same transaction the Loyalty Credits recorded to your Fashion Club membership account will be deducted as set out above.

When returning goods for which you have collected or redeemed Loyalty Credits, the returns policy of the Participating Retailer shall also apply to those goods.

1.4 Offers

(i) Receiving Offers

Participating Retailers may provide Offers for members of the Fashion Club from time to time. You can view most Offers on our website at https://www.bataviastad.nl/en/latest-offers and in the Fashion Club App.

Provided you have consented to receiving marketing communications from us, as a member of the Fashion Club, we will also send you Offers by email. Offers will be subject to availability and subject to their own additional terms and conditions imposed by the offering Participating Retailer (for example, closing dates and exclusions). We will direct you to these additional terms and conditions at the time we communicate with you about the relevant Offer. Please read those additional terms and conditions carefully before redeeming the Offer. By redeeming an Offer, you signify your agreement to be bound by those additional terms and conditions.

From time to time, it may be necessary to withdraw or amend Offers from the Programme. Where reasonably practicable, we will provide advance notice of such withdrawals and amendments.

(ii) Redeeming Offers

To redeem an Offer, you must present your Unique Code at the checkout of the relevant Participating Retailer’s store. Where you have received an Offer from us by email, you may also be required to present the email containing details of the Offer at the relevant Participating Retailer’s store.

You may be prevented from redeeming an Offer if: (i) the Participating Retailer has reason to suspect fraud or misconduct on your part or in the way you are using the Offer; (ii) the Offer was communicated to you in error due to a technical fault; or (iii) the Offer was made in error.

Question 39

2. MEMBERSHIP OF THE FASHION CLUB

Accepted Answer

2.1 Joining the Fashion Club

To be a member of the Fashion Club, you must be aged 16 years or older and have a valid email address so that we can communicate with you about your membership.

You can apply for membership by completing the application form available at the following locations:

the Centre’s website at https://www.bataviastad.nl/en;
the Fashion Club mobile app for the Centre, which you can download from the app store of any IOS and Android mobile device. Please note that terms and conditions may be imposed by your service provider or the portal from which you download the mobile app. You should read these carefully before you accept them. These do not form part of your relationship with us. Please also note that whilst the app is available for free, you may incur standard data charges when you download it. Please contact your telecom service provider to find out about data charges that may apply to you.
the Information Centre; and
on scanners at Participating Retailers’ stores of the Centre, but please be aware that whilst you will be able to save Loyalty Credits, you will not be able to redeem credits on your Unique Code until such time that you have completed your registration online or via the Fashion Club App.

Membership of the Fashion Club is free for you and involves no obligation to buy any products or services whatsoever. As part of your membership you will receive service emails from us informing you of your credits and any changes to your Fashion Club membership or the programme. You may also receive a service email with a yearly statement of your Fashion Club usage.

As an additional Benefit of Fashion Club we may offer an annual birthday gift, you must provide us with your date of birth, valid email address and opt in to receive this, please note this is not guaranteed.

Membership of the Fashion Club is entirely at our discretion and accordingly we can refuse an application for any reason. An individual may only have one active Fashion Club membership at any one time. We reserve the right to refuse, merge or close additional memberships at any time. We reserve the right to monitor the number of memberships in any household, and the right to cancel any suspected duplicated memberships.

2.2 End of your membership, termination or suspension of the Fashion Club

You may choose to leave the Fashion Club at any time by sending an email to us at Privacy.Batavia@viaoutlets.com.

As a member, you must keep us informed of any changes to your personal membership details (for example, your email address). You can inform us of changes to your personal membership details by sending an email to us at Privacy.Batavia@viaoutlets.com, or via the ‘Your Personal Details’ space online via the Batavia Stad Fashion Outlet website. We will not be responsible for any loss of any Benefits (such as any special offers, promotions or discounts) resulting from your details being out of date or inaccurate.

We may, at any time, in our sole discretion and without reason, terminate or suspend the Fashion Club. We will endeavour to let you know at least two (2) months in advance, however we may not be able to do so if there are technical problems or security issues or we are required by applicable law to terminate or suspend the Fashion Club on shorter or no notice.

We also reserve the right to add to or change the Benefits of the Fashion Club, how you collect Loyalty Credits and how we evaluate and reward your qualifying purchases and/or other Fashion Club activity. We also reserve the right to place limits on the number of purchases or activities that you can put towards the Benefits of the Fashion Club and/or the number or types of Benefits you may receive or collect in a given time period or for the duration of the Fashion Club, and/or any combination thereof.

We may terminate your membership of the Fashion Club at any time in the event that: (i) we terminate the Fashion Club; (ii) we reasonably believe that you have breached these Terms and/or any additional terms and conditions relating to certain Benefits; or (iii) we reasonably believe that you have behaved in an inappropriate, misleading or abusive manner, or in a way which is fraudulent or illegal.

Please note, we may share your personal data with third party organisations in order to establish, exercise, defend or protect the rights, property or safety of our business, our guests or others. This includes, in specific cases, exchanging information with other third party organisations for the purposes of fraud protection. Please refer to our Privacy Policy https://www.bataviastad.nl/en/privacy-policy for more information.

Where your membership of the Fashion Club is terminated for any reason, from the date of termination you will not be able to: (i) collect any Loyalty Credits; (ii) redeem any Loyalty Credits already collected; (iii) redeem any Offers made available to you prior to the cancellation of your membership; or (iv) use any other Benefits of the Fashion Club.

Question 40

3. RESPONSIBILITIES AND LIABILITY OF US AND YOU

Accepted Answer

The Fashion Club, the Unique Code and Benefits of the Fashion Club are for personal and private use by members only and must not be used for or in connection with any business transaction or purpose.

The Unique Code and Benefits of the Fashion Club cannot be transferred (unless expressly mentioned in the additional terms and conditions that apply to a particular Benefit), bought, sold or in any way traded and can only be used by the member who is registered for the Unique Code and has collected or received the Benefits.

The safe-keeping of your Unique Code (including the mobile device on to which it is downloaded) (as applicable) is your responsibility, as are any security details relating to your Fashion Club membership account. We cannot be held responsible for any loss arising from you failing to ensure the safe-keeping of these items. You must treat such security details as confidential and must not disclose this information to any third party.

If you notify us that you have lost your Fashion Club Card or there has been a breach of security in relation to your Unique Code or the Fashion Club App on your mobile device, we may be able to block your membership account or the Unique Code which was sent to you by email or is associated with your Fashion Club Card or Fashion Club App (as applicable). Our ability to do so depends on how quickly you inform us of the loss of your Fashion Club Card or breach of security in relation to your email or the Fashion Club App on your mobile device. To notify us, please visit our Information Centre or contact us at info@bataviastad.nl. Please note that, in order to unblock or retrieve your membership, you will need to visit our Information Centre, where we may require you to show us photographic proof of identity so that we can confirm your membership.

Many Offers are subject to an expiry date, beyond which they cannot be used or reissued. Offers that are lost or mislaid will not be reissued. Offers are only redeemable at the Centre, online via the Centre’s online platform and Participating Retailer stated.

In addition, many Benefits that are made available to you as a member of the Fashion Club are offered by Participating Retailers. We do not (other than as required by applicable law): (i) take any responsibility for any Benefit offered by a Participating Retailer; and/or (ii) provide any warranties regarding the goods (including without limitation the quality thereof) that you may obtain through a Benefit offered by a Participating Retailer. You shall have no right to make any claim against us or this Fashion Club in the event that a Participating Retailer fails to honour a Benefit offered by that Participating Retailer. Whilst we will try to ensure that the scanners and system to collect and redeem Loyalty Credits and redeem Offers are available during store opening hours, you understand that there may be circumstances where the scanner and/or system is unavailable, and you will not be able to collect or redeem Loyalty Credits or redeem Offers.

Our liability, whether based upon (attributable) default, unlawful act or any other ground, is limited to direct damages only and shall not exceed the total, cumulative amount of EUR 500.

Nothing in these Terms excludes or limits our liability for: (i) death or personal injury caused by our negligence or wilful misconduct; (ii) fraudulent representations made by us; or (iii) any other liability that cannot be excluded or limited by applicable law.

Question 41

4. PRIVACY, COOKIES AND USE OF OUR WEBSITE

Accepted Answer

We are committed to protecting the privacy of members of the Fashion Club and only use your personal data in accordance with applicable data protection law. Please read our Privacy Policy available at https://www.bataviastad.nl/en/privacy-policy to understand how your personal data is collected and used as part of the Fashion Club. The contract between us requires us to process your personal data in accordance with this Privacy Policy.

Please also read our Cookie Policy available at https://www.bataviastad.nl/en/cookies to understand how we use cookies as part of the Fashion Club and our Website Terms available at https://www.bataviastad.nl/en/terms-conditions to understand how we operate www.bataviastad.nl and the conditions upon which you are permitted to access and navigate it.

Question 42

5. HOW WE CONTACT YOU AND HOW YOU CAN CONTACT US

Accepted Answer

We will contact you by email, the Fashion Club App/Push messaging, SMS, social media or post using the contact details you have provided to us from time to time.

If you no longer wish to receive marketing communications from us, want to leave the Fashion Club or inform us of any changes to your personal membership details, please let us know by sending an email to us at Privacy.Batavia@viaoutlets.com, or via the ‘Your Personal Details’ space online via the Batavia Stad Fashion Outlet website. You may also opt-out of receiving marketing communications by clicking the opt-out link on our newsletters and marketing emails.

Question 43

6. GOVERNING LAW AND JURISDICTION

Accepted Answer

The Terms are governed by Dutch law, and are subject to the exclusive jurisdiction of the courts of the Netherlands.

Question 44

HOUSE RULES

Accepted Answer

The house rules have been drawn up to make shopping at Batavia Stad Fashion Outlet as pleasant as possible. By entering the premises Batavia Stad Fashion Outlet you agree to the house rules. These apply both in the parking area and in the centre.

Batavia Stad Fashion Outlet is a closed area. One should follow the instructions of the management, security or shop staff at all times.
It is not permitted to enter the grounds inside the gates or be there with bicycles, cars, buses, lorries, mopeds, mopeds and/or skates.
It is not allowed to consume alcoholic beverages on the grounds, other than in the designated catering establishments and on adjacent terraces.
It is not permitted to photograph and/or film on the Batavia Stad Fashion Outlet for commercial and/or publication purposes.
The security staff is authorised to carry out bag checks in the event of a suspicious situation. If a violation is detected, the personal details of the person concerned will be passed on to the police.
It is prohibited to carry prepared bags or other items intended for shoplifting in Batavia Stad Fashion Outlet.
If an offence is discovered, it will always be reported to the police.
The management of Batavia Stad Fashion Outlet reserves the right to deny access to the shopping centre to visitors who do not comply with the house rules or who have misbehaved in any way in the past by means of a shop or site ban. If you do not comply with this ban, you will be reported to the police for trespassing (art 138 of the Penal Code).
Batavia Stad Fashion Outlet is not liable for loss, theft or damage of your property.

For your and our safety, Batavia Stad Fashion Outlet uses camera surveillance and statistical audience measurement.

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