The Crowd Buying Promotions (“Crowd Buying” or “Promotion”) rewards multiple simultaneous Purchasers with special benefits or discounts. The Promotion offers Participants the opportunity to earn discounts or other benefits while forming “Crowds” within a specific time limit. The Promotion is open to Participants in the territory of …(“Territory”).
The Organizer of the Promotion in the Territory (apart from the United Kingdom) is Xiaomi Technology Netherlands B.V. (Prinses Beatrixlaan 582, WTC The Hague, The Netherlands).
For the United Kingdom the Organizer is Xiaomi Technology UK Limited (Part Ground Floor, North Wing, 100 Brook Drive, Green Park, Reading, United Kingdom).
Xiaomi Technology Netherlands B.V. or Xiaomi Technology UK Limited, as the case may be, are referred as to the Organizer (“Organizer”)
The Organizer of the Promotion reserves the right on some occasions to jointly operate the Promotion or parts thereof with affiliated or Third-Party organizers, as published by the Organizer with prior notice.
The following Terms and Conditions (“Terms”) shall apply unconditionally and exclusively to all Participants. The Organizer may introduce at any time and in the sole discretion special or supplementary Terms and Condition (i.e. special, additional rules or requirements of the Promotion).
The Crowd Buying Promotions (“Crowd Buying” or “Promotion”) rewards multiple simultaneous Purchase.
Eligibility for participation is limited to natural persons, of legal age, who are residents in the Territory and have an active www.mi.com account. The Organizer may refuse admission to the Promotion without giving a reason.
In case of minors, you must be accompanied by your legal guardian to read and accept the following Terms.
Participation is voluntary and starts with the successful start of a new Crowd Buying Group or in the successful participation in an already established Crowd Buying Group on www.mi.com or in the Mi Store App in the Territory. 2.Crowd Buying
A Crowd (“Crowd”) or Crowd Buying Group (“Crowd Buying Group”) are multiple (more than one (1)) Purchasers, which are willing to buy one (1), (or more), Products or Services as promoted by the Organizer. The Organizer determines on a case by case basis, in its sole discretion, with prior information to Participants, the minimum number of Purchasers to form a Crowd Buying Group.
The Organizer may on a case by case basis, determine in its sole discretion, with prior information to the Participants, the time limit to form a Crowd Buying Group.
If – in the sole discretion of the Organizer – the time limit left for a certain Promotion is not sufficient enough to form a Crowd Buying Group, the Organizer may cancel new Crowd Buying Groups or limit the start of new Crowd Groups.
Products and Services may be one (1) or more Products or Services (“Products or Services”) available on www.mi.com in the Territory, which are available for the Promotion and in the sole discretion of the Organizer. The Organizer may determine in its sole discretion which Products or Services are eligible for Crowd Buying and may make available, make unavailable, change, replace or substitute those from time to time without any notice.
Participants which were invited to an existing Crowd Buying Group, must open the link send by the initiator of the Crowd Buying Group follow the process as described. Otherwise, Participants can as well join established random Crowd Buying Groups. In any case, participation in a Crowd Buying Group is completed when the Participant has successfully paid for the Product or Service and such is confirmed by the Organizer.
In respect of Section 2.8 and depending of the compliance and adherence of any other terms of these General Terms and Conditions for Crowd Buying Promotions, a successful Crowd Buying Group (s) (“Successful Crowd Buying Group”) is more than one (1) Participants are organized in a Crowd Buying Group which (i) reached the minimum amount of Purchasers set by the Organizer on a case by case basis and (ii) have successfully paid the purchase amount of the Product and Services as promoted by the Organizer and (iii) reached the requested Crowd Buying Group size as requested by the Organizer within the time limit as stated by the Organizer.
If any of the above – either cumulative or single – is not achieved successfully and in the sole discretion of the Organizer, the Crowd Buying Group will be deemed as unsuccessful and any payment made to purchase the relevant Products or Services of the Crowd Group Buying will be refunded to the Participants in the relevant Crowd Buying Group to their respective payment method, as soon as reasonable possible by the Organizer.
Participants can start or participate in (cumulative) a maximum number Crowd Buying Groups as determined by the Organizer on a case by case basis.
If Participants start or participate in one (or more) Crowd Buying Group(s), such start or participation can not be revoked, deleted or cancelled before the regular ending time limit of a Crowd Buying Group. Therefore, the Participants initial payment method will stay debited until the end of the time limit of the relevant Crowd Buying Group and for a reasonable time afterwards.
If a Crowd Buying Group is ultimately unsuccessful, the purchase amount will be credited back to the Participants initial payment method as soon as reasonably possible.
Successful Crowd Buying Groups may – as promoted by the Organizer on a case by case basis - obtain or will be rewarded by a discount or benefit for the relevant and promoted Product or Service.
Any Product or Service eligible for a Crowd Buying benefit or discount may be – in the sole discretion of the Organizer – compatible or combinable with further promotions or coupons of the Organizer (like Coupons, Mi Points, etc.).
The Organizer endeavors to ship or deliver any Products or Services purchased during a successful Crowd Buying at the same time to all Participants of the relevant Crowd Buying Group. However, depending on destination, shipping lead times and other factors which may influence the shipping and transport, Recipients may receive the purchased goods with a reasonable delay.
Other than that, standard shipping times as described and disclosed at www.mi.com apply to all shipping’s and orders.
In order to allow Crowd Buying, the Organizer only accepts the following payment methods:
-Paypal In addition, the terms and conditions as published on www.mi.com and payment provider websites apply to the above payment methods.
Organizer may terminate a Promotion without stating reasons for doing so with at any time.
Organizer reserve the exclusive right to make any change, modification or additions to the terms, the Promotion itself and/or parts thereof, at any time provided that the Participant is not thereby disadvantaged in bad faith and that the Organizer has announced such on its own channels and platforms
same applies in the event that the Programme is replaced by another programme.
4.Liability and Representation
UNLESS OTHERWISE EXPRESSLY STATED IN THIS TERMS, ORGANIZER AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS PROVIDE THE PROMOTION ON BEST EFFORT BASIS ONLY AND EXCLUDE ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESSLY OR IMPLIED. IN PARTICULAR BUT WITHOUT LIMITATION, ORGANIZER AND ITS SUPPLIERS, PARTNERS AND/OR LICENSORS DO NOT WARRANT OR REPRESENT THAT: (i)THE PROMOTION IS FIT FOR ANY PURPOSE OR MEET PARTICIPANTS REQUIREMENTS OR IS PROVIDED WITHOUT ANY ERRORS OR DEFICIENCIES OR THAT THE PROMOTION IS IN COMPLIANCE WITH ANY QUALITY LEVELS, AS THE CASE MAY BE; (ii)THE PROMOTION IS AVAILABLE TO PARTICIPANT AT ANY TIME AND PROVIDED TO PARTICIPANT WITHOUT DISRUPTION, INTERRUPTION OR DELAY; (iii)ANY INFORMATION (WHETHER ORAL OR WRITTEN) OBTAINED BY PARTICIPANT FROM ORGANIZER OR AS A RESULT OF PARTICIPANTS USE OF THE PROMOTION (INCLUDING ANY MATERIALS OR PRODUCTS) WILL BE SUITABLE, ACCURATE, COMPLETE, OR RELIABLE; AND (iv)THAT ANY DEFICIENCIES IN THE PROMOTION, INCLUDING ANY DEFECTS IN PERFORMANCE, OPERATION OR FUNCTIONALITY OF THE PROMOTION OR ANY SOFTWARE PROVIDED TO PARTICIPANT AS PART OF THE PROMOTION WILL BE FIXED, CORRECTED OR OTHERWISE REMEDIED. ANY DOCUMENTS OR MATERIAL (INCLUDING ANY SOFTWARE AND FIRMWARE UPDATES) DOWNLOADED, INSTALLED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROMOTION ARE PROVIDED BY ORGANIZER "AS IS" AND AT YOUR OWN RISK. ORGANIZER IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR DEVICE’S SOFTWARE OR ANY LOSS OF DATA THAT IS CAUSED BY OR RESULTS FROM THE DOWNLOAD AND/OR USE OF ANY SUCH DOCUMENTS AND/OR MATERIAL.
ORGANIZER IS NOT LIABLE TO PARTICIPANT, REGARDLESS OF THE LEGAL GROUNDS, IN PARTICULAR WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY THEORY OF LIABILITY, IN OR OUT OF THE CONNECTION WITH THE USE OF THE PROMOTION, FOR: (i)ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (ii)ANY LOSS OF INCOME, BUSINESS, ACTUAL OR ANTICIPATED PROFITS, OPPORTUNITY, GOODWILL OR REPUTATION (WHETHER DIRECT OR INDIRECT); (iii)ANY DAMAGE TO AND/OR CORRUPTION OR LOSS OF DATA (WHETHER DIRECT OR INDIRECT); (iv)ANY CHANGES, MODIFICATIONS, EXTENSIONS OR LIMITATIONS (INCLUDING ANY SUSPENSION OF PARTICIPANTS USE OF THE PROMOTION, ACCESS TO PARTICIPANTS ACCOUNT AND ACCOUNT DATA OR PARTICIPANTS REGISTRATION DATA) TO THE PROMOTION, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PROMOTION (OR ANY PART OF THEM). IN THE EVENT THAT ORGANIZER IS LIABLE FOR A BREACH OF THESE TERMS, ORGANIZER LIABILITY SHALL BE LIMITED TO DAMAGES WHICH ORGANIZER MUST TYPICALLY EXPECT AT THE TIME OF THE CONCLUSION OF THIS TERMS DUE TO THE CIRCUMSTANCES KNOWN AT THE TIME. NOTWITHSTANDING THE ABOVE, SUCH DAMAGES SHALL NOT BE HIGHER THAN 100 EUR (or equivalent local currency). NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT ORGANIZER´S a)LIABILITY FOR DEATH, PERSONAL INJURY OR FRAUD OR IN ACCORDANCE WITH ANY PRODUCT LIABILITY ACT; AND b)WARRANTY OR LIABILITY FOR DAMAGES OR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. IF THE LAWS IN THE PARTICIPANTS JURISDICTION DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, TERMS OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THAT JURISDICTION WILL APPLY TO THE PARTICIPANTS AND ORGANIZERS LIABILITY AND WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
PARTICIPANT IS ENTIRELY RESPONSIBLE FOR ANY BREACH OF THE OBLIGATIONS UNDER (i)THESE TERMS; AND (ii)ANY APPLICABLE LAW OR REGULATION IN THE RELEVANT TERRITORY, INCLUDING THE TERRITORY WHERE THE PARTICIPANT IS A RESIDENT OR FROM WHERE THE PARTICIPANT ARE USING THE PROMOTION; (iii)AND FOR THE CONSEQUENCES OF ANY SUCH BREACH, INCLUDING ANY LOSS OR DAMAGE WHICH ORGANIZER OR ANY THIRD PARTY MAY INCUR OR SUFFER. ORGANIZER WILL HAVE NO RESPONSIBILITY TO PARTICIPANT OR TO ANY THIRD PARTY IN RESPECT OF SUCH BREACH.
The Organizer can neither influence what data is collected and how by the Plug-in Provider, nor does the Organizer know the full extent of the data collection, the purpose of data processing or retention periods. The Organizer has no information about the deletion of the collected data by the Plug-in Provider.
The Plug-in Provider stores the data collected about the Participants in user profiles and uses them for advertising and/or to customize their website experience. The purpose of such analyses (even for users who are not logged in) is to display customized advertisements and to inform other users of the social network about activities on the website. Participants have a right of objection against creating these user profiles; Participants must contact the Plug-in Provider to exercise this right. The plug-ins enable Participants to interact with the social networks and other users so the Organizer can improve our offering and Participants user experience.
Data is forwarded regardless of whether Participants have an account at the Plug-in Provider and are logged in. If Participants are logged in to the Plug-in Provider, Participants data collected on Organizers website are directly allocated to Participants account at the Plug-in Provider. If Participants click the enabled button and, e.g., like the page, the Plug-in Provider also stores that information in Participants user account and publicly shares it with Participants contacts.
Participants can find more information about purpose and scope of the Plug-in Provider’s data collection and processing in the following privacy statements of said Plug-in Providers, where Participants also get more details about their rights and setting options to protect their privacy.
The Organizer use social media plug-ins to provide you with a more customized user experience. The data (including your IP address) is submitted by your browser directly to the plug-in provider server where located.
Plug-in Providers can use this information for advertising or market research, please refer to their privacy statements.
If Participants do not want Plug-in Providers to directly allocate the data collected about their presence on The Crowd Buying Programme, Participants need to log off from the Plug-In Provider before visiting The Crowd Buying Programme website.
For more information about the purpose and scope of the data collection and further processing and use of the data by Plug-in Provider and associated rights and setting options to protect privacy, please check the privacy statements.
Organizer cannot control and is not responsible for the privacy practices of those third-party sites. Organizer encourage Participants to be aware when they leave www.mi.com, and to read the privacy statements of each website they visit.
These General Terms and Conditions for Crowd Buying Promotions are exclusively covered by Dutch Law and for the United Kingdom by United Kingdom Laws. The Participant has the option of filing claims at a competent court in the country in which he is resident. Organizer is not obliged to take part in arbitration proceedings.
These Terms are valid from 1st March 2021 and until these Terms are replaced by a newer version according to the Terms.
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