Terms of Services
Article 1. Identity of Dotin
Dotin B.V.
Business address & visiting address:
Diakenhuisweg 11
2033 AP Haarlem
The Netherlands
Telephone number: +31 23 5300 495
Fax number: +31 23 5367 740
Reachability:
Monday till Friday 9:00 till 17:30 (CET)
E-mail address: mordillo@rubinstein.nl
Chamber of Commerce number: 34073423
BTW (Dutch VAT) identification number: NL003476492B01
Article 2. Definitions
2.1. Client: a natural person acting in the course of his profession or business or otherwise and entering into an agreement with Dotin.
2.2. 'General terms and conditions' will be understood to mean: all the provisions as included hereinafter.
2.3. Website: www.mordillo.com.
Article 3. Applicability / implementation
3.1. All agreements and deliveries of Dotin will be subject to these general terms and conditions, unless expressly agreed otherwise in writing.
3.2. If in his assignment the Client includes provisions or conditions at variance with these terms and conditions or not included herein, these terms and conditions will only be binding for Dotin if and insofar as they have been expressly accepted by Dotin in writing.
3.3. Dotin is entitled to call in third parties in connection with the implementation of its agreements.
Article 4. Prices
4.1. All prices are inclusive of Dutch VAT.
4.2. The prices are exclusive of any import duties and other levies. This paragraph will not apply to orders within the European Union.
4.3. All prices on the Website are subject to typing errors and calculation errors.
4.4. Dispatch costs will not be charged for. This is clearly communicated to the Client in the order procedure on the Website.
Article 5. Agreement / delivery time
5.1. If the Client has accepted the offer electronically, Dotin will confirm receipt of such acceptance electronically without delay. As long as the receipt of said acceptance has not been confirmed, the Client will be entitled to terminate the agreement.
5.2. Upon the purchase of the products, the Client will be entitled to terminate the agreement without giving a reason for a period of 14 days. This term will enter into effect on the day following the receipt of the product by or on behalf of the Client, not being a person acting in the course of his profession or business.
5.3. During the term mentioned in the last paragraph, the Client will handle the product and the packaging with due care. The Client will only unpack or use the product to the extent and insofar as is necessary to ascertain whether he wishes to keep the product. If the Client wishes to make use of his right of withdrawal, the Client will return the product to Dotin with all appurtenances delivered and in its original condition and packaging, in conformity with the instructions provided by Dotin.
5.4. Dotin advises the Client to inspect the products supplied immediately following receipt thereof and to inform Dotin of any defects apparent in writing or by e-mail with due speed. Please refer to Article 10: Complaints.
5.5. Dotin will at no time be liable for any damage, theft or loss, including that arising on the return of the product.
5.6. As soon as payment has been received by Dotin, Dotin will dispatch the products as swiftly as possible.
5.7. In the event that it is not feasible to deliver the products within a term of 30 days, Dotin will contact the Client with regard hereto.
5.8. As soon as the products to be delivered have been delivered to the delivery address, with regard to these products, the risk will pass to the client.
Article 6. Payment conditions
6.1. The Client must pay the sums due to Dotin in Euros in accordance with the methods stated in the order procedure on the Website.
6.2. Clients in the Netherlands are entitled to pay in arrears. Clients outside the Netherlands must pay in advance prior to the delivery of the product. The Client cannot assert any rights whatsoever with regard to the execution of the order concerned before making the advance payment stipulated.
6.3. The Client is obliged to notify Dotin without delay of any inaccuracies in the payment details provided or stated.
Article 7. Liability
7.1. This liability provision will only apply for natural or legal persons acting in the course of their profession or business and entering into an agreement with Dotin.
7.2. The full liability of Dotin vis-à-vis the Client on account of an attributable failure to observe the agreement will be limited to compensation for direct loss or damage up to the sum of the price stipulated for the agreement (excluding Dutch VAT) at the maximum. In no event however will the total sum for direct loss or damage amount to more than 500 Euro.
7.3. Liability of Dotin vis-à-vis the Client for indirect loss or damage, including consequential loss, loss of profits, lost savings, loss of data or the publication thereof and loss due to business interruption is excluded.
7.4. Notwithstanding the cases mentioned in Article 8.2, Dotin will not bear any liability whatsoever vis-à-vis the Client for payment of compensation for loss or damage, regardless of the grounds on which a claim for compensation for loss or damage is based. The maximum sums mentioned in Article 8.2 will however cease to apply if and insofar as the loss or damage is the result of the intent or gross negligence of Dotin.
7.5. The liability of Dotin vis-à-vis the Client for attributable failure in the observance of an agreement will only arise if the Client properly puts Dotin into default in writing without delay, thereby setting a reasonable term within which the shortcoming can be remedied, and after that term, Dotin continues to fail to fulfil its obligations. The notice of default must contain a description of the failure that is as detailed as possible, enabling Dotin to adequately respond.
7.6. A right to compensation for loss or damage will at all times depend on the Client notifying Dotin in writing of such loss or damage as soon as possible (within 30 days) after such loss or damage arising.
7.7. The Client will indemnify Dotin against all claims from third parties concerning liability as a result of a defect to a product delivered by the Client to a third party consisting among other things of goods, materials or results supplied by Dotin, except in the event that and insofar as the Client proves that the loss or damage has been caused by those goods, materials or results.
Article 8. Force majeure
8.1. In the event of force majeure, by which at any rate is to be understood failure of the Internet, the telecommunication infrastructure, power failures, riots and civil commotion, mobilization, war, traffic congestion, strikes, lockouts, interruptions of operations, delivery stagnation, fire, floods, import and export restrictions and in the event that regardless of the reason, Dotin is unable to delivery as a result of its own suppliers, as a result of which it cannot be reasonably required to observe the agreement, the implementation of the agreement will be suspended, or the agreement will be terminated if the force majeure situation lasts longer than thirty days, all this without Dotin being obliged to grant compensation for loss or damage arising.
Article 9. Complaints
9.1. In the event that the product delivered fails to comply with the agreement, within a term of two months of discovery thereof, the Client must notify Dotin hereof. Failing this, all liability of Dotin will cease to apply.
9.2. In the event that Dotin considers the complaint to be well-founded, on consultation with the Client, the relevant products will be repaired, replaced or compensation will be granted therefor.
9.3. The maximum compensation will be equal to the price paid by the Client for the product.
Article 10. Information on Website
10.1. The contents of the Website have been compiled with the utmost care. Dotin cannot however exclude the possibility that certain information is incorrect and/or incomplete. Dotin is not liable for the consequences of an incorrect or incomplete Website.
10.2. Dotin cannot be held liable for variations in colour with regard to the screen.
Article 11. Final stipulations
11.1. The agreement is subject to Dutch law.
11.2. Insofar as the mandatory rules of law do not state otherwise, all disputes that may arise as a result of this agreement will be submitted to the competent Dutch court in Haarlem.
11.3. Partial nullity: in the event that any provision of these General terms and conditions appears to be null and void, this will not affect the legal validity of the rest of the general terms and conditions.
The Parties will determine (a) new provision as (a) replacement(s), which insofar as is possible by law will comply with the purport of the original general terms and conditions.