GENERAL TERMS AND CONDITIONS The do nation.
1. The do nation.: THE DO NATION., established in Amsterdam, Chamber of Commerce no. 77861604.
2. Customer: the person with whom The do nation. has entered into an agreement.
3. Parties: The do nation. and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of The do nation..
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
1. All prices used by The do nation. are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. The do nation. is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which The do nation. could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
5. All prices used by The do nation. are in euros, are inclusive of 10% donation amount to the charity organization the customer selects at the moment of checkout. The charity organizations are described and introduced under the “Meet the organizations” menu on the www.jointhedonation.com.
Samples / models
If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment term
1. The customer must have paid the full amount at the moment of order in advance the delivery of the product.
2. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without The do nation. having to send the customer a reminder or to put him in default.
3. The do nation. reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Consequences of late payment
1. If the customer does not pay within the agreed term, The do nation. is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to The do nation..
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, The do nation. may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of The do nation. on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by The do nation., he is still obliged to pay the agreed price to The do nation..
Right of recovery of goods
1. As soon as the customer is in default, The do nation. is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. The do nation. invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to The do nation., unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
· the product has not been used
· the product is not specially tailored for the consumer or adapted to its special needs
· it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
· the purchase does not concern an (assignment to) urgent repair
· the consumer has not renounced his right of cancellation
2. The reflection period of 14 days as referred to in paragraph 1 commences:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has received the first the product of a subscription
o as soon as the consumer has purchased a service for the first time
o as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of cancellation via email@example.com.
4. The consumer is obliged to return the product to The do nation. within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
5. The costs for return are due the customer.
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, The do nation. will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to The do nation. in time.
7. If the customer is eligible for reimbursement as described in the chapter above, the customer has the right to decide if he wants to get a reimbursement of the donation amount as well, or the donation amount can be still handled by The do nation. and transferred to the charity selected.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
1. The do nation. can appeal to his right of retention of title and in that case retain the products sold by The do nation. to the customer until the customer has paid all outstanding invoices with regard to The do nation., unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to The do nation..
3. The do nation. is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
The customer waives his right to settle any debt to The do nation. with any claim on The do nation..
Retention of title
1. The do nation. remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to The do nation. under whatever agreement with The do nation. including of claims regarding the shortcomings in the performance.
2. Until then, The do nation. can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If The do nation. invokes its retention of title, the agreement will be dissolved and The do nation. has the right to claim compensation, lost profits and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at The do nation. unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid by a failure of the customer, or bank, The do nation. has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by The do nation..
1. Any delivery period specified by The do nation. is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from The do nation..
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless The do nation. cannot deliver within 30 days or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which The do nation. may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to The do nation., failing which The do nation. cannot be held liable for any damage.
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
1. Exchange is only possible if the following conditions are met:
· exchange takes place within 30 days after purchase upon presentation of the original invoice
· the product is returned in the original packaging or with the original (price) tags still attached to it
· the product has not been used
· the conditions of the products has not been changed
Cancellation of the contract for an indefinite period of time
1. The customer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of a notice period of .
2. A consumer has the right to terminate an agreement for an indefinite period with due observance of a notice period of 1 month.
The customer indemnifies The do nation. against all third-party claims that are related to the products and/or services supplied by The do nation..
1. The customer must examine a product or service provided by The do nation. as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform The do nation. of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform The do nation. of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that The do nation. is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to The do nation. being forced to perform other work than has been agreed.
1. The customer must provide any notice of default to The do nation. in writing.
2. It is the responsibility of the customer that a notice of default actually reaches The do nation. (in time).
Liability of The do nation.
1. The do nation. is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If The do nation. is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
3. The do nation. is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If The do nation. is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from The do nation. shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
1. The customer has the right to dissolve the agreement if The do nation. imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by The do nation. is not permanent or temporarily impossible, dissolution can only take place after The do nation. is in default.
3. The do nation. has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give The do nation. good grounds to fear that the customer will not be able to fulfill his obligations properly.
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of The do nation. in the fulfillment of any obligation to the customer cannot be attributed to The do nation. in any situation independent of the will of The do nation., when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from The do nation. .
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which The do nation. cannot fulfill one or more obligations towards the customer, these obligations will be suspended until The do nation. can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. The do nation. does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. The do nation. is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by The do nation. with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. The customer can not transfer its rights deferring from an agreement with The do nation. to third parties without the prior written consent of The do nation. .
2. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what The do nation. had in mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where The do nation. is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
Drawn up on 21 may 2020.
The do nation respects the privacy of its website visitors, in particular their rights regarding the automatic processing of personal data. We have therefore formulated and implemented a policy on complete transparency with our customers regarding the processing of personal data, its purpose(s) and the possibilities to exercise your legal rights in the best possible way.
If you require any additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority (Autoriteit Persoonsgegevens): https://autoriteitpersoonsgegevens.nl/nl.
Article 1 - Definitions
1. Website (hereinafter: "Website") www.jointhedonation.com.
2. Party responsible for processing personal data (hereinafter: "the controller"): The do nation, established at Van Oldenbarneveldtstraat 70 2, 1052KE Amsterdam, The Netherlands, Chamber of Commerce number: 77861604 .
Article 2 - Access to the website
Access to and use of the website are strictly personal. You will refrain from using the data and information of this website for your own commercial, political or advertising purposes, as well as for any commercial offers, in particular unsolicited electronic offers.
Article 3 - Website content
All brands, images, texts, comments, illustrations (animated) images, video images, sounds and all the technical applications that can be used to operate this website and more generally all the components used on this website, are protected by the laws on intellectual property. Any reproduction, repetition, use or modification, by any means whatsoever, of all or just part of it, including technical applications, without the prior written permission of the controller, is strictly prohibited. The fact that the controller may not take immediate action against any infringement, can not be considered as a tacit consent, nor of a waiver of any right to prosecute the infringing party.
Article 4 - Management of the website
For the purpose of proper management of the site, the controller may at any time:
· suspend, interrupt, reduce or decline the access to the website for a particular category of visitors
· delete all information that may disrupt the functioning of the website or conflicts with national or international laws or is contrary to internet etiquette
· make the website temporarily unavailable in order to perform updates
Article 5 - Responsibilities
1. The controller is not liable for any failure, disturbances, difficulties or interruptions in the functioning of the website, causing the (temporary) inaccessibility of the website or of any of its functionalities. You, yourself, are responsible for the way you seek connection to our website. You need to take all appropriate steps to protect your equipment and data against hazards such as virus attacks on the Internet. Furthermore, you are responsible for which websites you visit and what information you seek.
2. The controller is not liable for any legal proceedings taken against you:
· because of the use of the website or services accessible via the Internet
3. The controller is not liable for any damages that incur to you or third parties or your equipment, as a result of your connection to or use of the website and you will refrain from any subsequent (legal) action against the controller.
4. If the controller is involved in a dispute because of your (ab)use of this website, he is entitled to (re)claim all subsequent damages from you.
Article 6 - Collection of data
1. Your personal data will be collected by The do nation and (an) external processor(s).
2. Personal data means any information relating to an identified or identifiable natural person (‘data subject’).
3. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. The personal data that are collected on the website are used mainly by the collector in order to maintain a (commercial) relationship with you and if applicable in order to process your orders. They are recorded in an (electronic) register.
Article 7 - Your rights regarding information
1. Pursuant to Article 13 paragraph 2 sub b GDPR each data subject has the right to information on and access to, and rectification, erasure and restriction of processing of his personal data, as well as the right to object to the processing and the right to data portability.
2. You can exercise these rights by contacting us at firstname.lastname@example.org.
3. Each request must be accompanied by a copy of a valid ID, on which you put your signature and state the address where we can contact you.
4. Within one month of the submitted request, you will receive an answer from us.
5. Depending on the complexity and the number of the requests this period may be extended to two months.
Article 8 - Legal obligations
2. If any information is necessary in order to obtain access to certain features of the website, the controller will indicate the mandatory nature of this information when requesting these data.
Article 9 - Collected data and commercial offers
1. You may receive commercial offers from the collector. If you do not wish to receive them (anymore), please send us an email to the following address: email@example.com.
2. Your personal data will not be used by our partners for commercial purposes.
3. If you encounter any personal data from other data subjects while visiting our website, you are to refrain from collection, any unauthorized use or any other act that constitutes an infringement of the privacy of the data subject(s) in question. The collector is not responsible in these circumstances.
Article 10 - Data retention
The collected data are used and retained for the duration determined by law.
Article 11 - Cookies
2. We use the following types of cookies on our website:
- Functional cookies: like session and login cookies to collect session and login information.
- Anonymised Analytic cookies: to obtain information regarding the visits to our website, like numbers of visitors, popular pages and topics. In this way we can adjust our communication and information to the needs of our visitors. We can not see who visits our sites or from which personal device the visit has taken place.
3. Specifically, we use the following cookies on our website:
No other cookies
4. When you visit our website, cookies from the controller and / or third parties may be installed on your equipment.
5. For more information about using, managing and deleting cookies for each electronic device, we invite you to consult the following link: https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post / cookies # faq
Article 12 - Imagery and products offered
You cannot derive any rights from the imagery that accompanies any offered product on our website.
Article 13 - Applicable Law
These conditions are governed by Dutch law. The court in the district where the collector has its place of business has the sole jurisdiction if any dispute regarding these conditions may arise, save when a legal exception applies.
Article 14 - Contact
For questions, product information or information about the website itself, please contact: Data protection department, firstname.lastname@example.org .
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