Terms and conditions Facebook competition/giveaway

1. General

  1. Facebook giveaways are organised by Wuestman Tuindecoraties B.V. (Lugarde), in Laren (Gld). The terms mentioned below are applicable to participation in all giveaways.
  2. Participation in the Facebook giveaway is free. Participation is confirmed when the corresponding Facebook post – in this case dated 28 January 2018 – has been liked and a comment has been posted. From that point on, the participant has a chance to win the prize.
  3. A participant can enter the Facebook giveaway a maximum of one time.
  4. Participants are obliged to acquaint themselves with all the recent information, terms and possibilities involved in the Facebook giveaway.
  5. Participants should consider the Reclame Social Media Code.
  6. The duration of the Facebook giveaway is stated in the terms and the Facebook post.
  7. Every natural person over 18 years old can participate. The participant’s delivery address must be in one of the following countries: The Netherlands, Germany, Austria, Switzerland, the UK, Ireland* or Belgium. Anyone not meeting the stated conditions is excluded from participation.
  8. Participants who do not meet the conditions stated here can be excluded from participation in the giveaway.
  9. Companies are excluded from participation.
  10. The participant accepts that his/her name and/or photo will be published online if he/she wins the giveaway by participating. Participation is only possible during the stated duration of the giveaway. No rights can be derived from this giveaway.
  11. The five finalists will be drawn randomly. The winner is the finalist with the most likes for his/her design. Legal proceedings are excluded.
  12. No correspondence will be entered into regarding the results.
  13. Prizes cannot be exchanged for money or other products. All prizes are associated with the individual and are non-transferable. If the winner does not reply within the period determined by us, the prize will expire fully. If the winner distances himself/herself from the prize or if the prize cannot be awarded for any other reason, it will expire. In this case, the prize will remain the possession of Wuestman Tuindecoraties B.V. (Lugarde).
  14. Employees and their relatives of Wuestman Tuindecoraties B.V. (Lugarde) are excluded from participation in the Facebook giveaway. Wuestman Tuindecoraties B.V. (Lugarde) is entitled to not award the prize, if for example cheating has taken place.
  15. The participants’ personal information which has been made known to Wuestman Tuindecoraties B.V. (Lugarde) for the Facebook giveaway will be only used for the giveaway and will not be passed on to third parties. Wuestman Tuindecoraties B.V. (Lugarde) is entitled to use the winner for promotional purposes. The participants hereby agree that the information provided by them can be saved and used for the stated purposes.
  16. Dutch law is applicable to the terms of the giveaway.
  17. For questions and/or comments, please contact Wuestman Tuindecoraties B.V. (Lugarde) by mail at marketing@lugarde.nl. Emails will be answered within 7 working days. The winner cannot publicly express himself/herself about Wuestman Tuindecoraties B.V. (Lugarde) and the product won in a negative way.
  18. The terms for the Facebook giveaway can be changed by Wuestman Tuindecoraties B.V. (Lugarde) at any moment. We advise participants to remain informed of the most recent terms. No correspondence will be entered into regarding the terms.
  19. Liability
    1. Participants join the Facebook giveaway at their own risk. Wuestman Tuindecoraties B.V. (Lugarde) is not liable and therefore cannot be held accountable for any unwanted situation that occurs and which is beyond the control of Wuestman Tuindecoraties B.V. (Lugarde) and which causes a change in the terms, a (temporary) stop of the giveaway or a delay or cancellation in awarding the prize. Wuestman Tuindecoraties B.V. (Lugarde) is not liable for any damages which are caused directly or indirectly by the prize or in relation to the prize. Participants join the Facebook giveaway at their own risk. Wuestman Tuindecoraties B.V. (Lugarde) is not liable and therefore cannot be held accountable for any unwanted situation that occurs and which is beyond the control of Wuestman Tuindecoraties B.V. (Lugarde) and which causes a change in the terms, a (temporary) stop of the giveaway or a delay or cancellation in awarding the prize. Wuestman Tuindecoraties B.V. (Lugarde) is not liable for any damages which are caused directly or indirectly by the prize or in relation to the prize.
    2. Damage claims addressed to Wuestman Tuindecoraties B.V. (Lugarde) in relation to the giveaway are void, unless Wuestman Tuindecoraties B.V. (Lugarde) acts against the legal terms, consciously or negligently. In addition, Wuestman Tuindecoraties B.V. (Lugarde) cannot be held accountable for damages caused by the online page of the giveaway not being accessible. Technical malfunctions cannot be influenced, as these may be due to an event of force majeure, such as third parties deliberately attacking the online page of the giveaway. Wuestman Tuindecoraties B.V. (Lugarde) will make all possible efforts to keep the online page of the giveaway accessible and working. Other than this, Wuestman Tuindecoraties B.V. (Lugarde) is not liable for the online page of the giveaway functioning on the participant’s computer.
  20. Severability clause: if individual terms are not valid or there is a loophole in the law, this does not influence the validity of the other terms. The invalid or missing terms will be replaced by a term which most closely fulfils the goal of the terms and the legal terms.
  21. The general terms and disclaimer of Wuestman Tuindecoraties B.V. (Lugarde) are applicable to the giveaway.

2. Conditions for participation/timeline

  1. Definitions:
    1. Finalists: These are the five finalists, who will be selected by random draw on 25 February 2018 for participation in the final of the photo like giveaway.
    2. Winner: One of the five finalists. The winner will be the person with the most likes for their design using the 3D configurator on 31 March 2018.
  2. Notification and announcement of the finalists: The finalists (five finalists, each with a chance of winning the prize) will be announced on Facebook, Twitter, Google+, our websites (www.lugarde.de, www.lugarde.nl, www.lugarde.com) and in our newsletter with their Facebook name and possibly their real name. This is the case both for the finalists and the eventual winner of the Lugarde product.
    1. Notification of the five finalists:
      The five finalists will be informed of their participation in the final from within 48 hours of 12 pm on 25 February 2018. This will be done by sending a private message to the Facebook account used to participate in the giveaway. In this message we will request the finalists to send their email address and their phone number for further participation. In addition, the finalists will be announced on our websites, in our newsletter and on several social media channels. See “Publishing the configurations of the five finalists”.
    2. Notifying the eventual winner:
      The winner of the Facebook giveaway will be informed by email within 48 hours. This message will be sent to the email address provided when the finalists were announced. In addition, the winner will be announced on our websites, in our newsletter and on several social media channels. See “Publishing the configurations of the five finalists”.
  3. Publishing the configurations of the five finalists:
    The five finalists will be announced on 25 February 2018, and will design their Lugarde product in our 3D configurator. The configuration of the design will be sent to Wuestman Tuindecoraties B.V. (Lugarde) via the 3D configurator. On 17 March 2018, screenshots of the designs will be published on Facebook. Wuestman Tuindecoraties B.V. (Lugarde) can also publish this content on its websites (www.lugarde.de, www.lugarde.nl, www.lugarde.com), in its newsletter and on social media channels (e.g. Facebook, Twitter, Google+, Pinterest) and can mention the finalists with their Facebook name and real name. The finalists can also be tagged in these posts.
  4. Announcing the finalists and deadline
    1. Five finalists
      The five finalists will be announced on 25 February 2018 at 2 pm in a Facebook post. In addition, they will be informed via a private message on Facebook. The five finalists are obliged to contact Wuestman Tuindecoraties B.V. (Lugarde) within 48 hours of the announcement. They can do this by commenting on the post, replying to the private message on Facebook or sending an email to marketing@lugarde.nl. If one or more finalists do not reply within the stated period, his/her right to participate will expire. If one or more finalists do not reply within 48 hours as described here, Wuestman Tuindecoraties B.V. (Lugarde) may or may not decide to add more finalists up to a total number of five. If new finalists are picked, these will be selected via another random draw and announced.
    2. Winner
      The eventual winner will be announced on 31 March 2018. This will be done by posting a message on Facebook. After this, the winner will be informed via a private message on Facebook or via email. The winner is obliged to inform Wuestman Tuindecoraties B.V. (Lugarde) of whether or not he/she accepts the prize (by commenting on the Facebook post, replying to the private message on Facebook or by sending an email to marketing@lugarde.nl) within 48 hours after publication of the Facebook post. If the winner does not accept the prize or does not reply within 48 hours, their entitlement to the prize will expire. Wuestman Tuindecoraties B.V. (Lugarde) may or may not decide to award the prize to the second placed participant or not to award the prize at all.
  5. The prize
    Contestants can win the Lugarde product they have designed using the 3D configurator. It must be possible for the product to be fully designed in the 3D configurator. The product most recently designed via our 3D configurator will be delivered. This product must meet the conditions mentioned in 2.7.-2.10. Configurations must be submitted by 13 March 2018 at 8 pm. The configurations received at that time will be checked by an architect from Wuestman Tuindecoraties B.V. (Lugarde). Each individual design will be checked to determine whether the product is realistic from a technical viewpoint.
  6. Non-realisable design
    In the unlikely event that a design or part of it cannot be realised, the details will be discussed with the finalist concerned. Wuestman Tuindecoraties B.V. (Lugarde) will design an alternative suggestion for the finalist that meets the technical standards and looks as similar as possible to the finalist’s design. In this case, the design must be finalised by 15 March 2018 at 8 pm. Non-realisable designs are the only designs which can be changed after 13 March 2018. For products which our architect has confirmed as technically possible, the product which was last submitted by the finalist before 13 March 2018 at 8 pm will constitute the prize.
  7. Detailed description of the prize: In which of our 3D configurators must the design be made?
    1. Invoice- and delivery address in England, Ireland*, Scotland or Wales: https://lugarde-configurator.com/
    2. Invoice- and delivery address in the Netherlands or Belgium (except for the islands): https://lugarde-configurator.nl/
    3. Invoice- and delivery address in Germany, Switzerland, Luxemburg or Austria (except for the islands): https://lugarde-konfigurator.de/
  8. Value of the Lugarde product
    – Delivery address in England, Scotland, Ireland* or Wales: maximum of £5000.
    – Delivery address in the Netherlands or Belgium (except for islands): maximum of €5000.
    – Delivery address in Germany, Switzerland, Luxembourg or Austria (except for islands): maximum of €5000. The maximum value includes the extra transport costs for delivery in the winner’s country, excluding islands. Example: For a design to be delivered in Austria, at step 8 in the configurator the full delivery address must be entered and Austria must be selected. The extra transport costs will be shown in a separate section in the configurator.The 3D configurator shows the costs of the design at any given moment. The total costs are shown in the upper right corner. After following all the steps in the configurator, the total costs cannot exceed the maximum prize value mentioned above. This includes delivery costs**.
  9. Number of products
    A contestant is entitled to one Lugarde product. This means, for example, that you may not create two products each with a value of £2000. If the total value of the designed Lugarde product is less than €5000 (NL, BE, DE, AU, LUX, CH) or £5000 (England, Scotland, Wales, IE*), the contestant is not entitled to another Lugarde product, a credit note or cash to the value of the remaining amount. The difference between the value of the designed product and the maximum value cannot be exchanged in any way.
  10. Options and range: Participants can use the entire range available in the configurator for the Facebook giveaway, with the following exceptions:
    1. Garage door GD03 (sectional)
  11. Options/activities not included in the giveaway
    Wuestman Tuindecoraties B.V. (Lugarde) will produce and deliver the winner’s Lugarde product. Delivery will be to the door of the stated delivery address, including unloading. Installing a foundation and erecting the building are not included in the prize. All Lugarde products are produced in such a way that clients can build them themselves. Installation guides are provided with the product. If the client has any questions about installing the product, they can contact Lugarde’s customer service team.
  12. Delivery time The delivery time is around 11 weeks after the winner has been announced. If the winner needs extra time for arranging permits or a foundation, the time required for this is not included in the stated delivery time.
  13. Delivering the Lugarde product: The Lugarde product will be delivered by lorry (40 tonne). The delivery address must be accessible to lorries of this size. If the lorry cannot reach the stated address, it will stop as close to the address as possible and unload there. In this case, Wuestman Tuindecoraties B.V. (Lugarde) is not obliged to transport the goods from this location to the delivery address. Any costs which might occur in such circumstances are the responsibility of the winner.
  14. Building permit
    The winner is obliged to ask for information on the conditions for receiving a building permit. If a building permit is required for the Lugarde product, the winner must apply for this permit and give the necessary documents to the responsible authorities. Wuestman Tuindecoraties B.V. (Lugarde) will make the blueprint available to the winner. Creating this blueprint takes ten working days. Statics of the type drawn up by an architect or a building company, are not supplied by Lugarde. If statics are required, the winner can hire an external company to create these. All costs caused by this or by the acquisition of a building permit are to be paid for by the winner. If the winner’s configuration does not meet the standards for acquiring a building permit, Wuestman Tuindecoraties B.V. (Lugarde) is not obliged to agree to adjusting the configuration. Wuestman Tuindecoraties B.V. (Lugarde) decides the extent to which support is provided to solve this problem.
  15. Obligations for the winner
    1. Taking photos and giving Wuestman Tuindecoraties B.V. (Lugarde) access to these photos (possibly requiring a professional photo shoot with a Lugarde employee).
    2. Delivering/unloading the goods (send photos within two weeks)
    3. Installation
    4. Installed Lugarde product – The winner’s Lugarde product must be installed by the end of September 2018.
  16. Complaints about the winner’s Lugarde product: In the unlikely event that during installation, a reason for complaint about the product arises, Wuestman Tuindecoraties B.V. (Lugarde) will produce and deliver the parts which need to be replaced. Free redelivery is only possible if the matter is caused by a production or construction fault. The complaint must not have been caused by an action of the winner. Any such complaint must be received by Wuestman Tuindecoraties B.V. (Lugarde) within seven days after start of installation of the Lugarde product. In addition, the winner must supply photos of the parts/situation so the complaint can be assessed. If extra costs are incurred as a result of the complaint (e.g. an installation team must stop work and return to the site at a later time), these costs must be paid for by the winner. A few examples of our warranty:
    1. Transport damage
    2. Parts which are sawn to the wrong size (fabrication faults)
  17. Special clauses for participation
    1. Excluding liabilities
      If one or more contestants reacts by actively posting comments during the giveaway, these comments must not be against the law. Posting of negative comments, such as insults, incorrect facts or comments infringing copyright, is not permitted. Wuestman Tuindecoraties B.V. (Lugarde) requires that contestants act in a legally correct way. Wuestman Tuindecoraties B.V. (Lugarde) is not responsible for participants’ behaviour if this is against the law. Wuestman Tuindecoraties B.V. (Lugarde) is not responsible for third parties’ comments.
    2. Changes allowed
      Wuestman Tuindecoraties B.V. (Lugarde) is entitled to change the terms or execution of the giveaway, such as when breakdowns occur (e.g. when third parties do not behave correctly). In addition, Wuestman Tuindecoraties B.V. (Lugarde) can change the conditions and setup of the Facebook giveaway without reason and without prior notification. This is the case during the entire period of the giveaway. The condition for this is that the changes do not affect one or more contestants in a negative way.

3. Facebook

Disclaimer: This giveaway is created and organised separately from Facebook. There is no connection between the giveaway and Facebook. Facebook cannot be contacted for information on this giveaway. The giveaway has not been sponsored, approved or accompanied by Facebook, so no connection can be made between Facebook and this giveaway. Guidance for this giveaway is created by Wuestman Tuindecoraties B.V. (Lugarde) and the Facebook tools used for this giveaway are used at participants’ own risk.

4. Imprint

Wuestman Tuindecoraties B.V. (Lugarde)
Deventerweg 67
NL-7245 PJ Laren

Managing director/owner: Ms. J.G.A. Wuestman
Chairman Council of Members: Mr. B. Wuestman
Prosecutor: Ms. J.G.A. Wuestman

Chamber of Commerce: Kvk Oost Nederland nr. 08073999
BTW-Nr.: NL805956700B01
Phone number: 0031 (0)573 401 800
Fax: 0031 (0) 573 401 880
Email: info@lugarde.nl
Website: www.lugarde.nl

Address
Deventerweg 67
7245PJ Laren (Gelderland)

Additional information

* Ireland: Participants from Ireland can participate in the giveaway, but the Lugarde product can only be delivered to England, Scotland or Wales. Costs incurred for sending the product from there to Ireland are the responsibility of the winner.

** Delivery costs: The delivery to Germany, England, Scotland, Wales, the Netherlands and Belgium is free (excluding islands). Deliveries to the countries below incur the stated costs:

  • Austria: €599
  • Switzerland: €599
  • Luxembourg: €395

The Lugarde product and the additional delivery costs cannot exceed a total of £5,000.

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