Terms and Conditions

Definitions

1. Dobber: Dobber. Eyewear, established in Deventer, Chamber of Commerce no. 93635303.
2. Customer: The party which Dobber. has entered into an agreement with.
3. Parties: Dobber. and customer together.
4. Consumer: A customer who is an individual acting for private purposes.

Applicability

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 Dobber..
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.

Prices

1. All prices used by Dobber. 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. Dobber. 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 Dobber. 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.

Samples / Models

If the customer has received a sample or model of a product, he cannot 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. Dobber. may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 7 days, after delivery.
3. 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 Dobber. having to send the customer a reminder or to put him in default.
4. Dobber. 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, Dobber. is entitled to charge an interest per month for non-commercial transactions 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 Dobber..
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, Dobber. 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 Dobber. on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Dobber., he is still obliged to pay the agreed price to Dobber..

Right of Recovery of Goods

1. As soon as the customer is in default, Dobber. is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. Dobber. 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 Dobber., 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 Withdrawal

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
   • The consumer has not renounced his right of withdrawal
2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
   • On the day after the consumer has received the last product or part of 1 order
   • As soon as the consumer has received the first the product of a subscription
   • As soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of withdrawal via info@dobber-eyewear.com, if desired by using the withdrawal form that can be downloaded via the website of Dobber., www.dobber-eyewear.com.
4. The consumer is obliged to return the product to Dobber. within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of Delivery Costs

1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Dobber. will reimburse these costs to the consumer within 14 days after receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Dobber. in time.

Suspension of Obligations by the Customer

The customer waives his right to suspend the fulfillment of any obligation arising from this agreement.

Right of Retention

1. Dobber. can appeal to his right of retention of title and in that case retain the products sold by Dobber. to the customer until the customer has paid all outstanding invoices with regard to Dobber., 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 Dobber..
3. Dobber. is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

Settlement

The customer waives his right to settle any debt to Dobber. with any claim on Dobber..

Retention of Title

1. Dobber. remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Dobber. under whatever agreement with Dobber., including of claims regarding the shortcomings in the performance.
2. Until then, Dobber. can invoke its retention of title and take back the goods.
3. Before the ownership has been transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Dobber. invokes its retention of title, the agreement will be dissolved and Dobber. has the right to claim compensation, lost profits and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at Dobber. 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 on time, Dobber. 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 cannot object to late delivery by Dobber..

Delivery Period

1. Any delivery period specified by Dobber. is indicative and does not give the customer the right to dissolution or compensation if this period is not met, unless the parties have explicitly agreed otherwise in writing.
2. The delivery period starts at the moment the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Dobber..
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Dobber. cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

Actual Delivery

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport Costs

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, before taking receipt of the product, have a note drawn up by the forwarder or delivery agent, in the absence of which Dobber. 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 transport to Dobber., failing which Dobber. cannot be held liable for any damage.

Insurance

Storage

If the customer orders products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense.

Guarantee

1. When parties have entered into an agreement with services included, these services only contain best-effort obligations for Dobber., not obligations of results.
2. The guarantee with regard to products only applies to defects caused by faulty manufacture, construction or material.
3. The guarantee does not apply in case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined.
4. The risk of loss or damage to the products that are the subject of the agreement between the parties, transfers to the customer at the moment at which they are legally and/or actually delivered, or upon the moment that they are in the possession of the customer or a third party who receives the product on behalf of the customer.

Exchange

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 its original condition and packaging
2. The following products cannot be exchanged:
   • Custom made products
   • Products that have been adapted specifically for the customer

Indemnity

The customer indemnifies Dobber. against all third-party claims that are related to the products and/or services supplied by Dobber..

Complaints

1. The customer must examine a product or service provided by Dobber. 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 Dobber. of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Dobber. of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Dobber. 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 Dobber. being forced to perform other work than has been agreed.

Giving Notice

1. The customer must provide any notice of default to Dobber. in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Dobber. (in time).

Joint and Several Liability

If Dobber. enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Dobber. under that agreement.

Liability of Dobber.

1. Dobber. is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
2. If Dobber. is liable for any damage, it is only liable for direct damages that result from or is related to the execution of an agreement.
3. Dobber. is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Dobber. 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 amount, the liability is limited to the (part of the) invoice amount 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 cannot be a reason for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiry Period

Any right to compensation from Dobber. shall, in any case, expire within 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Section 6:89 of the Dutch Civil Code.

Dissolution

1. The customer has the right to dissolve the agreement if Dobber. imputably fails in the fulfillment of its 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 Dobber. is not permanent or temporarily impossible, dissolution can only take place after Dobber. is in default.
3. Dobber. has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill its obligations under the agreement, or if circumstances give Dobber. good grounds to fear that the customer will not be able to fulfill its obligations properly.

Force majeure

1. In addition to the provisions of Section 6:75 Dutch Civil Code, a shortcoming of Dobber. in the fulfillment of any obligation to the customer cannot be attributed to Dobber. in any situation independent of the will of Dobber., 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 Dobber..
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.); default and force majeure of suppliers, delivery men or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms traffic; 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 Dobber. cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Dobber. can comply with it.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Dobber. does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any benefits as a result of the force majeure situation.

Modification of the Agreement

If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.

Changes in the General Terms and Conditions

1. Dobber. 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 Dobber. 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

The customer cannot transfer its rights deferring from an agreement with Dobber. to third parties without the prior written consent of Dobber..

Consequences of Nullity or Annulability

If one or more provisions of these general terms and conditions prove to be null or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is null or voidable shall in that case be replaced by a provision that comes closest to what Dobber. had in mind when drafting the conditions on that issue.

Applicable Law and Competent Court

Any agreement between the parties is exclusively governed by Dutch law.
The Dutch court in the district where Dobber. is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.