Article 1. Appropriateness
1.1 By exclusion of any other possible terms & conditions these Terms & Conditions (hereafter: Terms) apply to all offers, orders and agreements of DutchGrowTech (hereafter: DGT). These Terms can also be consulted on the internet, see: https://dutchgrowtech.com/terms-and-conditions/.
1.2 Accepting an offer or placing an order means that you accept the appropriateness of these Terms.
1.3 The only way to deviate from the defined in these Terms is in writing, in which the remaining definitions remain unimpaired applicative.
1.4 All rights and liabilities, as stipulated in these Terms and in possible subsequent agreements on behalf of DGT, will likewise be stipulated on behalf of intermediaries and other third parties which are brought in by DGT.
Article 2. Orders
2.1 A done order binds you. You are completely responsible for the correctness of the provided information regarding the order.
2.2 DGT offers you the oppertunity to place orders electronically. An order which is placed electronically, has the same binding value as an order which is given by you in a written or verbal way.
2.3 DGT can not guarantee the safety of the internet nor the possibility of interception or interference of information which is transfered by you and can therefore not be held liable by you in any way.
2.4 DGT is authorized to have complete confidence in that the information regarding the order, concerning the content and the form, which it receives from you, is the correct information.
Article 3. Quotations
3.1 Qoutations are always completely free of engagement, unless agreed otherwise with you in writing.
3.2 DGT decides itself which orders it wants to process and has the right to refuse orders. See also article 4.2.
3.3 Stated prices of products on the websites, in the price lists or in the brochures are not quotations.
3.4 Verbal agreements and angagements are not quotations. There is only a quotation when it is confirmed in writing.
3.5 The period of validity is stated on quotations and indicates the period as from the quotation date in which the quotation is valid.
3.6 DGT can decide to refuse the processing of publicised quotations, by notifying you in writing and without any other obligations towards you.
Article 4. Offerings/agreements
4.1 All offerings of DGT are free of engagement and DGT maintains explicitly the right to modify the prices, in particular when this is necessary on the basis of (legal) regulations. See also article 6.6.
4.2 An agreement can only be established after acceptance of your order by DGT. DGT is authorized to refuse orders or to attach certain terms to the delivery, unless explicitly specified otherwise. If an order is refused, DGT will communicate this within ten (10) business days after the order has been received.
4.3 It is not possible to derive any rights from stated prices in folders, brochures, on the websites or stated in other ways than in a quotation.
4.4 Quotations, accepted by both parties, form an agreement.
4.5 Orders which are confirmed in writing form an agreement.
4.6 Orders which are in progress, form an agreement.
4.7 Agreements are binding for both parties.
4.8 Supplementations to agreements and modifications of agreements are only binding if DGT has confirmed these in writing.
4.9 All images, drawings and data regarding weights, dimensions, colours, etc of products only apply by approximation. Deviations of the actuality can not lead to the claim of damages and/or rescission.
Article 5. Invoices
5.1 Invoices will be send to you electronically after written confirmation has been attained about an assignment / order.
5.2 The invoice date and not the delivery date is the exchange date.
5.3 Invoices are the certificate of guarantee.
Article 6. Prices and payments
6.1 The stated prices for the offered products and services are in euros or US dollars or British Pounds, inclusive of VAT and exclusive of operations and delivery costs, possible taxes or other levies, unless stated otherwise or agreed in writing.
6.2 Payment has to be made without discount or compensation within fourteen (14) days after the invoice date if it concerns deliveries within the Netherlands, and within twenty-one (21) days after the invoice date if it concerns deliveries outside the Netherlands, unless agreed otherwise in writing.
6.3 Payment could be made by utilizing (one of) the method(s) as specified during the order process. With payment through bank or giro the date of the credit entry of the giro or respectively bank account of DGT applies as the payment date.
6.4 When transgressing the term of payment you are in default from the day the payment had to be made and from that day on your are due a delayment interest of 1% per month or a part of a month over the outstanding amount. In case payment takes place after a reminder by DGT you are due an amount of twenty-two euros and sixty-nine euro cent (€22,69) / (US $29.50) of administrative expenses and if DGT contracts out its claim to collect, you are also due the collecting expenses, which are at least fifteen per cent (15%) of the outstanding amount, without prejudice to the authority of DGT to instead claim the actual extrajudicial collecting expenses made.
6.5 If you are in default with any payment, DGT is authorized to postpone or annul the (realization of the) agreement in question and agreements which are in connection with it.
6.6 If the prices of the offered products and services increase in the period between the order and the realization of it, you will be authorized to cancel the order or annul the agreement within ten (10) business days after the price increase has been announced by DGT.
Article 7. Delivery
7.1 The delivery times as stated by DGT are only indicative. The transgression of any delivery time does not give you the right to claim for damages nor does it give you the right to annul the agreement, unless the transgression of the delivery time is such that DGT can not expect you in all fairness to maintain the agreement. In that case you are authorized to cancel the order or annul the agreement as far as that is necessary.
7.2 The delivery of the products is carried out at the place and the time on which the products are prepared for delivery to you.
Article 8. Limitation of ownership
8.1 All products remain property of DGT, until you and DGT have completely fulfilled the agreement. This implies that you have made the complete payment and furthermore included fees of all costs and interest to DGT and that DGT has delivered all the products and services to you according to the agreement. At the moment of delivery the risk concerning the products tranfers to you.
8.2 It is not permitted to renounce the products in any way until the agreement has been completely fulfilled. This also includes passing the products on to third parties.
8.3 DGT maintains the right to take back products if you did not fulfil the agreement yet. You have to cooperate with this. If you do not cooperate, you are due the invoice amount per week to DGT.
8.4 You are obliged, unimpaired the above, to take good care of the delivered products, as long as complete payment has not yet been made.
8.5 Products and services, which are replaced because of guarantee or for repairs, remain property of you, but DGT maintains the right to acquire the ownership of these products if you have failed to fulfil the agreement.
Article 9. Intellectual and industrial rights of ownership
9.1 You have to completely and unconditionally respect all intellectual and industrial rights which rest on the products delivered by DGT.
9.2 DGT does not guarantee that the products it delivered to you do not make infringement on any (unwritten) intellectual and/or industrial right of ownership of third parties.
Article 10. Liability
10.1 You have the obligation to inspect whether the products fulfil the agreement when they are delivered to you. If this is not the case, you have to notify DGT through a written and reasoned notification within seven (7) business days, at least after detection was reasonably possible, after the delivery.
10.2 If it has been established that the products do not fulfil the agreement, DGT has the option to replace the products in question, against return of them, with new products or refund the invoice value of these products.
10.3 If you do not wish to take the product for whatever reason, you have the right to return the product to DGT within thirty (30) days after the delivery. Return shipments will in that case only be accepted if the packaging of the product is not damaged and the plastic seal(s) on the packaging is/are not broken, at which it also applies that you have to account for the costs of return shipments. See also article 11.
10.4 DGT is not liable for any damage, directly and indirectly, which is caused by its agreements with you or delivered products nor for third parties which are involved in with the agreement or delivered products.
10.5 With that DGT is certainly, but not exclusively not liable in case;
a. No delivery has been made or the delivery has been made after the stated delivery time.
b. Of incorrect, careless or unexpert use by you or when you apply modifications to the delivered products or have these modifications applied by third parties, without permission of DGT.
c. Incorrect information is publicised in advertising material, on the websites or in a quotation, in case it has not been signed yet.
d. Of circumstances beyond one’s control.
e. Damage has been caused intentionally or through gross negligence by you or third parties.
f. Of indirect damage, including consequential loss, lost profit, missed savings, and damage through company stagnation.
10.6 The liability of DGT on account of the agreement arranged with you is under all circumstances limited to the invoice amount of the agreement exclusive of VAT.
10.7 If despite the above DGT is kept liable for any damage anyhow, then DGT will only accept liability for an amount equal to the benefit, which is covered by the insurance of DGT.
10.8 If the insurance does not cover, then DGT is completely not liable.
10.9 You will indemnify DGT against all liability from third parties against DGT.
10.10 DGT is liable however if there is intent or gross negligence from DGT.
Article 11. Return
11.1 You have the right to a cooling-off period of thirty (30) days after the purchase of products. Within this period you have to request approval in writing for return shipment. The cooling-off period is not applicable to;
a. Business orders and transactions.
b. So-called “custom” products. This are products which are put together/produced specifically for you.
11.2 Without preceding written approval DGT is not obliged to accept return shipments from you.
11.3 The acceptance of return shipments does not imply in any case recognition by DGT of the reason(s) you stated for the return shipment. The risk of returned products remains with you until they are credited by DGT.
11.4 In case of return shipment the products will be returned on your account and risk.
11.5 Products may be taken out of the packaging, but have to be returned unused, as new, in an undamaged packaging (equal to the original packaging) and complete with all accessories.
11.6 In principle the original amount of the invoice will be credited, unless the product does not meet the terms for return shipment.
11.7 The product has to be carefully and thoroughly packaged for transport without stickers, marker pen markings etc. If the product is carelessly packaged, the costs for repackaging and repair could be passed on, because otherwise the product is not saleable anymore.
Article 12. Guarantee
12.1 DGT guarantees the quality of its products and services, on the understanding that the guarantee does not go any further than stated in the terms which follow hereafter.
12.2 All of the products and services of DGT carry at least a one (1) year guarantee. The guarantee obligation of DGT concerning the products and services it delivered does nevertheless not go any further in any case then the guarantee agreements which DGT can apply towards the manufacturer and/or distributor on the basis of the agreements which are reached with them. You can not claim guarantee if the manufacturer and/or distributor does not provide any.
12.3 In the first place and in most cases the guarantee goes directly via the manufacturer. If this is not the case, the guarantee goes via DGT. The guarantee via DGT unless agreed otherwise will be dealt with for one (1) year without settlement costs. Thereafter the guarantee will be dealt with for fifteen euros (€15,-) / (US $19.50) per case up to the maximal factory guarantee.
12.4 The invoice is the certificate of guarantee and you must be able to show it.
12.5 DGT does not provide guarantee on consumable products.
12.6 Possible material and manufacture faults in the products, as well as in parts which are delivered by DGT within the framework of guarantee or maintenance fall under the guarantee. The replaced parts become property of DGT.
12.7 The guarantee obligation expires if these faults are in whole or in part the consequence of incorrect, careless or unexpert use, of external causes such as fire or water damage, or if you apply modifications within the products or have these modifications applied by third parties without permission of DGT.
12.8 Products, which are eligible for reparation with an included certificate of guarantee, must be delivered to DGT on one’s own account and risk.
12.9 Activities and costs for repair outside the framework of this guarantee will be charged by DGT in accordance with the usual tariffs.
Article 13. Orders/communication
13.1 DGT is not liable for misunderstand, mutilations, delays or indecent come over of orders and announcements as a result of the use of the internet or any other means of communication in the traffic between you and DGT, or between DGT and third parties, for as far as applying to the relation between you and DGT, unless and for so far there is intentional or gross negligence by DGT.
Article 14. Force majeure
14.1 Without prejudice to the remaining rights of DGT, DGT has in case of force majeure the right to, optionally, postpone the processing of your order, or to annul the agreement without judicial intervention, such by notifying you in writing and such that DGT is not obliged to any damages, unless this would be unacceptable to criterion of reasonableness and fairness in the given circumstances.
14.2 Force majeure is understood to mean any shortcoming which can not be attributed to DGT, because it can not be attributed to the blame of DGT and nor by virtue of the law, juridical act or views which apply to the traffic will it come for account of DGT.
14.3 In case of force majeure, both parties have the right to annul the agreement.
14.4 With that there is certainly, but not exclusively force majeure for DGT if;
a. Suppliers of DGT do not fulfil agreements with DGT.
b. Suppliers of DGT do not deliver on time.
c. The government changes laws and/or rules whereby DGT can not fulfil made agreements anymore.
14.5 In case of force majeure according to 14.4a and 14.4b DGT will first try to look for a solution in consultation with you. If you and DGT can not agree, both parties are authorized to annul the agreement.
Article 15. Miscellaneous
15.1 If you give a written statement of an address to DGT, DGT is authorized to deliver all orders to that address, unless you give a written statement of another address to which your orders have to be delivered.
15.2 In case DGT allows whether tacitly or not deviations from these Terms during a short or a longer period, this leaves the right of DGT to still demand strict observance of these Terms unimpeded. You can never claim any right on the basis of the fact that DGT does adaptably apply these Terms.
15.3 In case one or more of the regulations of these Terms or any other agreement with DGT go or goes against any applicable legal regulation, then the regulation in question will be lapsed and will be replaced by a new lawfully admissible comparable regulation which is to be determined by DGT.
15.4 DGT is authorized to make use of third parties for the processing of your order(s).
Article 16. Applicable right and competent judge
16.1 Exclusively Dutch law is applicable on all rights, obligations, offers, assignments, orders and agreements whereupon these Terms are applicable, as well as on these Terms.
16.2 All disputes between parties will be exclusively brought before the qualified judge in the Netherlands.
16.3 DGT determines the place where the dispute between you and DGT will be brought before a qualified judge, with the exception of disputes which fall under the canton law.
If you have any questions, please feel free to contact us.