General Conditions GOGETTERS.
The general partnership GOGETTERS. is registered with the Chamber of Commerce under number 73183849 and is located at Binnendelta 4 R, 1261 WZ in Blaricum.
Article 1 Definitions
- In these general terms and conditions the following terms are used in the following meaning, unless explicitly stated otherwise.
Offer: any offer or quotation to the Client for the provision of Services by GOGETTERS.
Subscription: the agreement that the Client has with GOGETTERS. for the use of the by GOGETTERS. developed link.
App: The Dropship Dashboard, but then installable as an app in the Shopify App Store. See https://apps.shopify.com/gogetters-eu-dropshipping.
Services (or Service): developing a Webshop through Shopify, Prestashop or Woocommerce, and developing the Link and registration of domain names
Dropshipper - A webshop owner who uses the link. He/she sells products from the supplier to his/her customers, without managing the stock.
Dropship dashboard: The portal where dropshippers can manage their supplier link, add products and view/add suppliers.
GOGETTERS.: the service provider that offers Services to the Client.
Integrated Suppliers - Suppliers who are fully integrated in our system and advise dropshippers to work with GOGETTERS.
Link: the linking software between the Webshop and wholesaler for the purpose of automated data exchange.
Client - A consumer who buys a product on a webshop.
One Click Suppliers - A supplier who sells through the Supplier Dashboard and pays a percentage of the order value. For the suppliers, dropshippers do not have to create an account and they can immediately start selling the products.
Client: the natural or legal person, who acts in the exercise of a profession and business, who GOGETTERS. has appointed, projects to GOGETTERS. has provided for Services provided by GOGETTERS. performed, or to which GOGETTERS. has made a proposal under an Agreement.
Agreement: any Agreement and other obligations between the Client and GOGETTERS., as well as proposals from GOGETTERS. for Services provided by GOGETTERS. are provided to the Client at a distance and which are accepted by the Client and have been accepted and performed by GOGETTERS. with which these general terms and conditions form an inseparable whole. Remote means without simultaneous personal presence of GOGETTERS. and the Client and whereby, up to and including the conclusion of the agreement, only one or more means of distance communication is used.
Platform: the software made available by GOGETTERS. where supply and demand are brought together between the Supplier and the Client. The app, hereinafter referred to as the dropship app, is also part of the Platform.
Beg: A supplier that sells products through GOGETTERS. The products and the supplier are visible in the Dropship Dashboard.
Supplier dashboard - The portal where suppliers can log in and upload products, which become visible in the Dropship Dashboard. When a Dropshipper sells a product to its Customer, the order comes in here with the necessary shipping information
Shopify, Prestashop or Woocommerce: the e-commerce platform provided by the Client and GOGETTERS. is used for the benefit of the Client.
Online Shop: the website of the Client, whether or not by GOGETTERS., made via the Shopify, Prestashop or Woocommerce ecommerce platform.
Article 2 Applicability
- These general terms and conditions apply to every Offer of GOGETTERS., Every Agreement between GOGETTERS. and Client and on any Service provided by GOGETTERS. offered.
- These General Terms and Conditions also apply to agreements with GOGETTERS, for the execution in which third parties must be involved.
- Before an Agreement is concluded, the Client will have access to these general terms and conditions. If this is not reasonably possible, GOGETTERS. indicate to the Client how the Client can inspect the general terms and conditions.
- It is not possible to deviate from these general terms and conditions. In exceptional situations it is possible to deviate from the general terms and conditions if this is explicitly and in writing with GOGETTERS. made an agreement. The Client's terms and conditions explicitly do not apply.
- These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
- The applicability of any purchase or other General Terms and Conditions of the Other Party is expressly rejected.
- If one or more provisions of these general terms and conditions are partially or completely null and void or are nullified, the other provisions of these general terms and conditions will remain in force, and the void / nullified provision (s) will be replaced by a provision with the same purport as the original determination.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions. The agreements in the Agreement are leading and take precedence over these general terms and conditions.
- The applicability of articles 7: 404 BW and 7: 407 paragraph 2 BW is explicitly excluded.
- The rights and obligations under the Agreement between the Parties cannot be transferred by the Client to a third party unless GOGETTERS. grants explicit and prior permission to the Client. It says GOGETTERS. free to attach further conditions to this.
- If in these general terms and conditions reference is made to she / her, this should also be understood as a reference to he / him / his, if and insofar as applicable.
Article 3 The Offer
- Offers and/or quotations are made in writing and/or electronically, unless urgent circumstances make this impossible.
- All offers and/or quotations from GOGETERS are without obligation, unless a term for acceptance has been set in the offer and/or quotation. If a term for acceptance has been set in the offer and/or quotation, the offer and/or quotation will lapse when this term has expired.
- All offers and/or quotations from GOGETTERS are without obligation, unless a term for acceptance is stated in the offer and/or quotation. If a term for acceptance has been set in the offer and/or quotation, the offer and/or quotation will lapse when this term has expired.
- GOGETTERS cannot be held to its offers and/or quotations if the Other Party, in terms of reasonableness and fairness and generally accepted views, should have understood that the offer and/or quotation or a part thereof was an obvious mistake or error. contains.
- Offers or quotations do not automatically apply to follow-up orders.
- Delivery times and terms in the offer of GOGETTERS. are indicative and do not entitle the Client to dissolution or compensation if they are exceeded, unless explicitly agreed otherwise.
- A composite quotation obliges GOGETTERS. not to deliver part of the items included in the offer or quotation at a corresponding part of the stated price.
Article 4 Conclusion of the Agreement
- The Agreement is concluded at the moment that the Client makes an Offer or Agreement from GOGETTERS. has accepted a signed copy (scanned or original) to GOGETTERS. to return, or gives an explicit and unambiguous agreement to the Offer by e-mail. Subsequently, the Agreement is concluded at the moment that GOGETTERS. confirms this in writing.
- GOGETTERS. is not bound by an Offer if the Client could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Client cannot derive any rights from this mistake or error.
- If the Client cancels an Agreement that has already been confirmed, the costs actually incurred up to that point (including the time spent) will be charged to the Client on the basis of the then applicable hourly rate.
- If the Agreement is entered into by several Clients, each Client is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
Article 5 Dissolution
- If the Client does not, not fully, not timely or not properly fulfill an obligation under the Agreement, GOGETTERS is authorized to dissolve the Agreement with immediate effect, unless the shortcoming does not justify the dissolution in view of its minor significance.
- Furthermore, GOGETTERS is authorized to dissolve the Agreement with immediate effect if:
- after the conclusion of the Agreement, GOGETTERS has become aware of circumstances that give good grounds to fear that the Client will not fulfill its obligations;
- the Client was requested when concluding the Agreement to provide security for the fulfillment of its obligations under the Agreement and this security is not provided or is insufficient;
- due to the delay on the part of the Client, GOGETTERS can no longer be expected to perform the Agreement under the originally agreed conditions;
- circumstances arise which are of such a nature that fulfillment of the agreement is impossible or that unaltered maintenance of the agreement cannot reasonably be expected of GOGETTERS;
- the Client is declared bankrupt, files a request for suspension of payment, requests application of the debt rescheduling of natural persons, is confronted with an attachment of all or part of its property;
- the Client is placed under guardianship;
- the Client dies.
- Dissolution takes place through written notification without judicial intervention.
- If the Agreement is dissolved, GOGETTERS' claims against the Client are immediately due and payable.
- If GOGETTERS dissolves the agreement on the basis of the foregoing grounds, GOGETTERS is not liable for any costs or compensation.
- If the dissolution is attributable to the Client, the Client is liable for the damage suffered by GOGETTERS.
Article 6 Performance of the service
- GOGETTERS. will endeavor to perform the Agreement with the greatest possible care, as may be expected of a good contractor. All Services are performed on the basis of a best efforts obligation, unless a result has been explicitly agreed in writing which is described in detail.
- GOGETTERS is used in the performance of the Services. not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in additional work for GOGETTERS., The Client is obliged to reimburse the additional or additional costs accordingly.
- GOGETTERS. is entitled to engage third parties for the performance of the Services at its own discretion.
- The Agreement on the basis of which GOGETTERS. performs the Services is leading for the scope and scope of the services. The Agreement will only be performed for the benefit of the Client.
- If GOGETTERS. on the basis of a request or order from a government agency and / or a legal obligation, work performed with regard to data of the Client, the associated costs are solely for the Client.
- In the event of changes, whether or not made by Shopify, Prestashop or Woocommerce, GOGETTERS. continue the execution of the Service with the modified version of the software. Never is GOGETTERS. obliged or obliged to maintain, change or add certain functionalities and/or specific properties.
- The source code as well as the technical documentation of the Website is at all times excluded from the right of use or subject of a transfer to the Client.
- Both Client and GOGETTERS. can make changes to the scope and / or content of the Services purchased. The additional costs associated with this will be borne by the Client. The client will be informed of this as soon as possible. If the Client does not agree with this, the Parties must consult with each other. The Client can only terminate the Agreement in writing by the date on which the change comes into effect, if the changes are not related to changes in relevant laws or regulations or GOGETTERS. bears the costs of the change.
- In case of partial delivery, GOGETTERS. adapt the performance of its Services to the Client's comments and remarks, insofar as this is reasonable.
- GOGETTERS. does not provide a physical carrier of the software to the Client.
- GOGETTERS. makes every effort to realize the service within the agreed term, insofar as this can reasonably be expected of it. In the event of urgency, the Client is obliged to reimburse GOGETTERS for the additional costs involved.
- GOGETTERS. makes every effort to deliver the Services as much as possible in accordance with the Offer.
- GOGETTERS. does not guarantee that the Webshop and / or Link to be made available, in the context of the Services, will be adapted in a timely manner to the changes in relevant laws and regulations, but will make every effort to achieve this as soon as possible.
Article 7 Obligations of the Client
- If the Client does not have an account with Shopify, Prestashop or Woocommerce, the Client will provide GOGETTERS. explicit permission to create an account with Shopify, Prestashop or Woocommerce, so that GOGETTERS. can perform its Services for the benefit of the Client.
- Client serves GOGETTERS. to provide access to the Shopify, Prestashop or Woocommerce account of the Client during the performance of the Services of GOGETTERS., so that GOGETTERS. can perform the Services desired by the Client within the (im)possibilities set by Shopify, Prestashop or Woocommerce.
- Client is obliged all by GOGETTERS. to provide requested information as well as relevant appendices and related information and data in a timely manner and / or before commencement of the work and in the desired form for a correct and efficient performance of the Agreement. Failing this, GOGETTERS. is unable to realize a full implementation and / or delivery of the relevant documents. The consequences of such a situation are at all times for the account and risk of the Client.
- GOGETTERS. is not obliged to check the correctness and / or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is GOGETTERS. responsible for the accuracy and completeness of the information provided by GOGETTERS. is composed for third parties and / or provided to third parties in the context of the Agreement.
- GOGETTERS. may, if necessary for the performance of the Agreement, request additional information. Failing this is GOGETTERS. entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must notify GOGETTERS of this immediately or no later than 5 working days after the change has become known.
- The Client is obliged to protect or only use all technical protections and other facilities of Shopify, Prestashop or Woocommerce in accordance with the (use and privacy) conditions of Shopify, Prestashop or Woocommerce. and the on the Shopify, Prestashop or Woocommerce and/or GOGETTERS. to respect vested intellectual property rights.
- GOGETTERS. provides the terms and conditions of Shopify, Prestashop or Woocommerce referred to in paragraph 6 before the start of the Agreement.
- The Client is aware of the conditions that Shopify, Prestashop or Woocommerce sets for the use of the account, or any future changes to the aforementioned conditions, as well as the consequences that Shopify, Prestashop or Woocommerce can attach to non-compliance with those conditions.
Article 8 Advice
- If GOGETTERS. draws up an advice and / or action plan for the benefit of the Client, the content thereof is without obligation and only of an advisory nature. Nevertheless, GOGETTERS. to observe its duties of care.
- Client decides itself and on its own responsibility whether to follow the advice of GOGETTERS.
Article 9 Webshop Development and Link
- The Client is obliged to provide all necessary information in a timely, complete, correct and in the desired form for the development of the Webshop and / or Link (including data files, software, documentation, advice, reports, analyzes and designs). .
- The parties record in writing all characteristics, functionalities, properties, colours, etc. of the Webshop and/or Link to be developed. These agreements agreed in writing form the basis for the performance of the work by GOGETTERS. to the extent possible within the limitations of Shopify, Prestashop or Woocommerce. If the agreements made are too brief to meet the wishes of the Client, the parties must consult and adjust the agreements or the Agreement accordingly.
- GOGETTERS. is at all times entitled to request approval from the Client before a work developed by it is delivered.
- The nature of the service implies that the result partly depends on external factors that can influence the development, such as the quality, correctness and timely delivery of the required information and data from the Client and / or its employees. The client guarantees the quality and the timely and correct delivery of the required data and information.
- If the parties have agreed on partial deliveries, adjustments and / or changes as a result of the first two partial deliveries will be implemented free of charge. If, after the first two rounds, the Client does not want any adjustments and / or changes to the Webshop, these will be sent to GOGETTERS. have been passed on, the additional costs of subsequent adjustments and / or changes may be charged to the Client in accordance with the rate included in the Agreement.
Article 10 Delivery and installation
- GOGETTERS. will, in the manner specified in the Agreement, deliver the Webshop and / or the Link or make it available online for delivery to the Client. Any agreed user documentation will be provided to the Client in writing or digitally.
- The Client accepts the Webshop and / or Link in the condition it is in at the time of delivery ('as is'), therefore with all visible and invisible defects.
- If the start, progress or delivery of the Services is delayed because, for example, the Client has not provided all the information requested or has not provided sufficient cooperation, or the advance payment has not been received by GOGETTERS on time. or due to other circumstances, which are for the account and risk of the Client, GOGETTERS. right to a reasonable extension of the delivery / completion period. Under no circumstances are the specified deadlines deadlines, nor can GOGETTERS. be held liable for exceeding the agreed term.
- All damage and additional costs as a result of delay due to a cause mentioned in paragraph 3 are for the account and risk of the Client and will be charged to GOGETTERS. charged to the Client.
- If expressly agreed, GOGETTERS will install. the Link on the Webshop of the Client.
Article 11 Risk transfer
- The risk of theft and loss, misappropriation or damage to data, documents, software, data files and / or items that are used, made or delivered in the context of the performance of the Agreement is transferred to the Client at the time when they actually made the Client's decision, or at the time of the first commissioning of the Link and / or Webshop. If and insofar as any damage has occurred to the Client, GOGETTERS. obliged to deliver a replacement Webshop at the cost price of the information carriers. Reinstallation and / or implementation must take place at the agreed rate unless otherwise agreed.
Article 12 Warranties and Repair
- GOGETTERS. performs the Services in accordance with industry standards. If any guarantee is given, this is limited to what has been expressly agreed in writing, but can never extend further than what has been laid down by Shopify, Prestashop or Woocommerce in its conditions (which has been pointed out to the Client by GOGETTERS prior to the Agreement. ). GOGETTERS stands during this agreed warranty period. guarantees a proper and customary quality of the delivered.
- Client can only rely on the GOGETTERS. guarantee provided if the Client has fully complied with its payment obligations.
- Any warranty provided in these terms and conditions with respect to the services provided by GOGETTERS. developed Webshop and/or Link is only agreed between GOGETTERS. and the Client and the Client therefore does not appeal to third parties, in particular towards Shopify, Prestashop or Woocommerce.
- If the Client rightly invokes the guarantee, GOGETTERS. obliged to carry out a repair or replacement free of charge. In addition, if there is any additional damage, the applicable liability provisions of these general terms and conditions will be adhered to.
- GOGETTERS. does not guarantee that the Webshop and / or Link will function without errors and / or interruptions. GOGETTERS. makes every effort to correct errors in the software within a reasonable period of time. The restore only sees on the Webshop and / or Link what GOGETTERS. has been developed itself, and the defects have been reported by the Client in a timely manner. GOGETTERS. is entitled to postpone the repair until a new version of the software is put into use.
- The Client must immediately and in detail in writing to GOGETTERS a detected defect. to report in a way that GOGETTERS. is able to reproduce and repair the defects. The defect is reported when the Client of GOGETTERS. a confirmation of the notification provided to the Client.
- Recovery also includes the provision of temporary solutions. The warranty never covers the recovery of corrupted or lost data. GOGETTERS. is not obliged to restore this data. If agreed, GOGETTERS. reasonably cooperate, but is never responsible or held to repair any mutilated and / or lost data. Client must at all times take measures to prevent and limit malfunctions, defects, mutilation and / or loss of data, whether or not on the basis of GOGETTERS. information provided.
Article 13 Hosting services
- If the agreed service provision extends to the storage and/or transfer of material supplied by the Client to third parties in the context of (web) hosting, the following applies. Even if GOGETTERS. manages the hosting account of the Client, and the access of the Client is limited to the management panel of the Webshop or Shopify, Prestashop or Woocommerce account or Link, can be done by GOGETTERS. restrictions are placed on the size of hosting account.
- The Client is prohibited from publishing and distributing data via its Webshop, in violation of Dutch laws and regulations, which in any case includes: data without the permission of the copyright holder, defamatory information, or information that offends, discriminates, threatens, or is racist. by nature, hateful, and information containing child or otherwise punishable pornography. Also information that violates the privacy of third parties (including stalking), as well as torrents, spam and hyperlinks that refer to such information on third party websites.
- In case of (possible) punishable acts is GOGETTERS. is entitled to report this and to hand over the information provided by the Client to the competent authorities, as well as to perform all actions required of it in the context of the investigation.
- GOGETTERS. is entitled to dissolve and / or terminate the Agreement with the Client in the event of abuse as mentioned in the previous paragraph and / or possible criminal offenses on the part of the Client.
- The Client must refrain from inflicting any damage or actions of which he / she can reasonably suspect that damage is caused to other Clients or the servers. If the Client sends spam, and is repeatedly warned about this, and is temporarily suspended, GOGETTERS. the right to permanently refuse the Client access, without compensation of any compensation. As a result, the Client can only use his e-mail when an external e-mail service is purchased that GOGETTERS. can link to the domain name or Webshop. The loss of e-mail from the purchased (hosting) package for this reason does not result in a price reduction.
- The Client is prohibited from reselling and / or renting out the services, unless explicitly agreed otherwise.
- GOGETTERS. can set a maximum for the amount of storage space that the Client may use in the context of the Service. Exceeding this maximum is GOGETTERS. authorized to charge an additional amount. No liability exists for the consequences of not being able to send, receive, store or change data if an agreed storage space limit has been reached.
- In case of extremely high data traffic, GOGETTERS. is entitled to temporarily shut down the Client's Webshop at its own discretion. This includes DDoS attacks, brute force attacks, overloading of the server or if the Client causes nuisance to the server of GOGETTERS in some other way.
- In addition to the obligations under the law, damage resulting from incompetence or failure to act in accordance with the above points is at the expense and risk of the Client.
Article 14 Connectivity
- Every month, the current consumption of the Client will be examined. If the actual consumption differs from the expected use, the scope of the Service purchased can be adjusted. An increase will be implemented immediately. A reduction can only be made at the end of the period of this Agreement.
- Data traffic is not transferable to the next month and / or other equipment, unless otherwise agreed.
- Data traffic is understood to mean all network traffic generated by the Client, incoming and outgoing. Incoming and outgoing traffic are added together for the calculation of the data traffic. This also includes e-mail traffic. Client must refrain from sending mailings and / or newsletters via standard e-mail accounts.
- GOGETTERS. can set a maximum for the amount of data traffic per month that the Client may use in the context of the Service. Exceeding this maximum is GOGETTERS. authorized to charge an additional amount, in accordance with the amounts for additional data traffic stated on the Website. No liability exists for the consequences of not being able to send, receive, store or change data if an agreed limit for data traffic has been reached.
Article 15 Domain registration
- GOGETTERS. offers domain registration at the request of the Client at the applicable rates. Client is responsible for being aware of the applicable laws and regulations. The client is aware that a domain registration does not imply registration of trademark rights.
- The domain name registration, which also entails the application, allocation, use and ownership of a domain name, is always subject to the rules of the relevant registrar. GOGETTERS. only has a best efforts obligation and offers no guarantee about the allocation of a domain name. Client is responsible for the correct delivery of a domain name and can GOGETTERS. cannot be held liable for registering a wrong domain name due to a (typing) error by GOGETTERS. It is up to the Client to check this and adjust it if necessary.
- Client is GOGETTERS. a fee for the registration, use and ownership of the domain name. To this end, the client enters into an agreement for an indefinite period, which can be canceled monthly. The client is obliged to pay the fee in advance in one go per year.
Article 16 Notice and takedown
- If and insofar as there is an infringement of (intellectual property) rights of GOGETTERS., Shopify, Prestashop or Woocommerce or other third parties and/or unlawful acts by the Client, GOGETTERS. is entitled to immediately close the Client's Webshop or to (temporarily) exclude the Client from its use or to limit its use in any other way. GOGETTERS. will immediately remove any infringing/harmful information. As a result, it is possible that the Client cannot or cannot fully use the Services of GOGETTERS. By no means is GOGETTERS. liable for the damage suffered by the Client of whatever nature, as a result of (temporarily) closing or restricting (the use of) the Webshop and/or the removal or passing on of the data posted by the Client.
Article 17 Subscription Link webshop
- For the use of the Link developed by GOGETTERS, the Client must take out a Subscription for an indefinite period of time with GOGETTERS.
- A one-time installation fee of €99 will be charged when the subscription is taken out. The one-time payment also serves as authorization for the monthly direct debit.
- Current subscriptions and prices are on the website https://gogetters.nl/pages/inschrijven mention.
- The Client itself makes the choice for the specific Subscription. GOGETTERS. The Client can advise in this choice without obligation on the basis of information provided by the Client. GOGETTERS. is not obliged to check the correctness of this information and does not guarantee that the Subscription chosen by the Client meets the requirements and / or expectations of the Client. Client decides itself and on its own responsibility whether to use the advice of GOGETTERS. follows up.
- If the number of products placed on the Client's Webshop threatens to exceed the scope of the current Subscription, the Client will be charged for that excess by GOGETTERS. notified as specified in the order confirmation.
- The capacity per subscription is assessed on the basis of variants per product. A product can have multiple variants. Think of color, size or design. Each variant is counted as a product.
- The Client owes GOGETTERS a monthly fee. for the Subscription. The Subscription can be canceled monthly. The effective date is leading for the duration and notice period of 1 month. Cancellation must be made by email. An inactive webshop is not a serious reason for non-payment.
- GOGETTERS. is at all times entitled to suspend or terminate the use of the Subscription by the Client in the event of non-compliance with the payment obligations of the Client.
- In case of reversals of the direct debit, GOGETTERS is entitled to charge a fine on the amount to be collected.
Article 18 Suppliers
- Suppliers can log in to the platform, upload the products which will then become visible in the dropship app.
- Registration is done per form. The agreement is concluded for an indefinite period.
- After registration, a trial period of 2 months applies to both the Supplier and GOGETTERS, during which the agreement can be canceled immediately free of charge.
- Payment for this service is made per sale by means of a fee of 5%, unless otherwise agreed.
- GOGETTERS is entitled to unilaterally change the fee. The Supplier can then terminate or continue the agreement free of charge within 30 days under the new fee agreements.
- Without prejudice to paragraph 5, the agreement can be terminated unilaterally with due observance of a notice period of 2 months.
- GOGETTERS reserves the right to reject an application. In addition, GOGETTERS reserves the right to block a Supplier if they do not comply with the obligation to make the products available and then deliver them in accordance with agreements.
- If the registration and operation of the platform is dependent on links with external parties, GOGETTERS is not responsible for the correct operation of the platform or realization of the registration.
Article 19 GOGETTERS. intermediary
- GOGETTERS. acts as an online platform where supply and demand from the various Deals are brought together. The Suppliers can be found on the website of GOGETTERS. Post Deals in which the Suppliers offers different Deals.
- GOGETTERS. does not warrant in any way that the deal placed by the Suppliers will generate sales for the Suppliers.
- If the Client provides a product or service via the GOGETTERS website. ordered, an agreement is concluded between the Suppliers and the Client. GOGETTERS. is never involved in the conclusion of this agreement.
- GOGETTERS. is never responsible or liable for the conclusion of the agreement between the Client and the Suppliers. GOGETTERS is also. never liable for damage suffered by the Client or Suppliers as a result of the agreement.
- In the event that the Client concludes a Deal with the Suppliers, payment will be made to GOGETTERS.. GOGETTERS. transfers the turnover, including VAT, of the Suppliers to the Suppliers on a monthly basis, with deduction of the commission.
- The Supplier sends the Deal to GOGETTERS.. GOGETTERS. approves the data entered by the Supplier and then post the Deal on the website.
- GOGETTERS. is not responsible for the content and information of the Deals. The Supplier is responsible for the accuracy, completeness and legality of the content and information of their Deals.
- GOGETTERS. has the right to refuse, block and/or remove a deal from the Website without stating reasons. Third parties may GOGETTERS. requests to remove a deal from the website.
- GOGETTERS. refuses, blocks, and/or at least removes a deal if:
- the Deal violates the law;
- the Deal does not contain the regular and correct quotation;
- the Deal has a pornographic, erotic nature or refers to a location with pornographic content;
- the Deal is of a violent nature or refers to a location with violent content;
- the Deal discriminates against on the basis of race, gender, political affiliation, religion or belief;
- the Deal contains maleware and/or viruses or links to websites and/or digital resources containing maleware and/or viruses;
- the Deal encourages, promotes or promotes illegal activities; the deal does not suit the website in terms of ethics, layout, style or design;
- acts in violation of these Terms and Conditions.
The Supplier accepts the possibility that a deal can be rejected, blocked, deleted.
- GOGETTERS. charges an amount for a deal. The amount is a further agreed amount per deal that GOGETTERS. the Supplier charges by means of invoicing or collection.
Article 20 Prices and payment
- The Fee and/or rates are expressed in euros, exclusive of VAT and other government levies, unless indicated otherwise.
- If a Fee and/or rate has not been expressly agreed, the Fee will be determined on the basis of the hours actually spent and the usual hourly rates of GOGETTERS.
- Payment is made by transfer to a bank account designated by GOGETTERS, digital payment methods or by direct debit based on authorization at the time of purchase or delivery, unless otherwise agreed.
- Payment can be made before or afterwards.
- The Client must pay an advance of 50% of the agreed amount for a Webshop to be developed by GOGETTERS. After delivery, the Client must pay the remaining 50% of its payment obligation.
- Payment in arrears must be made within 14 days of the invoice date, in a manner to be indicated by GOGETTERS and in the currency in which the invoice is issued, unless otherwise agreed.
- The Client is not authorized to deduct any amount due from a counterclaim made by it.
- GOGETTERS is entitled to invoice the Client for the work performed in the preceding period. Invoicing takes place per 1 month.
- GOGETTERS and the Client may agree that payment will be made in installments in proportion to the progress of the work. If payment in installments has been agreed, the Client must pay in accordance with the installments and the percentages as determined in the Agreement.
- Objections to the amount of the invoice do not suspend the payment obligation.
- After the expiry of 14 days after the invoice date, the Client is legally in default, without notice of default. From the moment of default, the Client owes interest of 10% per month on the amount due, unless the statutory interest is higher.
- In the event of bankruptcy, suspension of payments or receivership, the claims of GOGETTERS and the obligations of the Client towards GOGETTERS are immediately due and payable.
Article 21 Collection policy
- If the Client is in default or in default in the (timely) fulfillment of its (payment) obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. In any case, the Client owes collection costs.
- With regard to the extrajudicial (collection) costs, GOGETTERS is, in deviation from Article 6:96 paragraph 5 of the Dutch Civil Code and the Decree on compensation for extrajudicial collection costs, entitled to compensation of 10% of the total outstanding principal sum with a minimum of € 90. for any invoice that has not been paid in whole or in part, unless the statutory interest is higher at that time.
- Any reasonable judicial costs and execution costs incurred will also be borne by the Client.
Article 22 Privacy, data processing and security
- GOGETTERS. handles the (personal) data of the Client and Clients of the Webshop with care and will only use it in accordance with the privacy statement. If requested, GOGETTERS. inform the data subject about this.
- The Client is responsible for the processing of data using a GOGETTERS Service. are processed. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies GOGETTERS. against any (legal) claim related to this data or the execution of the Agreement.
- If GOGETTERS. Pursuant to the Agreement, security of information must be provided, this security will meet the agreed specifications and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data and the associated costs.
- Parties must act in accordance with the General Data Protection Regulation and comply with the ensuing obligations as well as other applicable laws and regulations. Parties must conclude a processor agreement for this.
- The Client has obligations towards third parties on the basis of the General Data Protection Regulation. This includes, but is not limited to, the obligation to provide information, to provide access, to correct and to delete the personal data of data subjects. Client is solely and fully responsible for the correct fulfillment of these obligations. GOGETTERS. is with regard to these personal data “Processor” within the meaning of the AVG. GOGETTERS. will provide support as much as is technically possible.
Article 23 Suspension
- If the Client does not fulfill an obligation under the Agreement, not fully or not on time, GOGETTERS has the right to suspend the fulfillment of the corresponding obligation. In the event of partial or improper fulfillment, suspension is only permitted insofar as the shortcoming justifies it.
- Furthermore, GOGETTERS is authorized to suspend the fulfillment of the obligations if:
- after the conclusion of the Agreement, GOGETTERS has become aware of circumstances that give good grounds to fear that the Client will not fulfill its obligations;
- the Client was requested when concluding the Agreement to provide security for the fulfillment of its obligations under the Agreement and this security is not provided or is insufficient;
- circumstances arise which are of such a nature that fulfillment of the Agreement
impossible or that unaltered maintenance of the Agreement is not reasonably
GOGETTERS may be required.
- GOGETTERS reserves the right to claim damages.
- GOGETTERS. has the right to retain the data, data files, software and more received or realized by it if the Client has not yet (fully) fulfilled its payment obligations, even if it had been paid, would be obliged to do so.
Article 24 Force majeure
- A shortcoming cannot be attributed to GOGETTERS or the Client, as the shortcoming is not due to its fault, nor is it for its account by law, legal act or generally accepted standards. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.
- In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that area in law and jurisprudence, all external causes, foreseen or unforeseen, over which GOGETTERS has no influence and as a result of which GOGETTERS is unable to fulfill its obligations.
- Force majeure circumstances include, but are not limited to: (i) force majeure of GOGETTERS' suppliers. are prescribed or recommended, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime, hacking and DDoS attacks), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems and (x) other situations which in the opinion of GOGETTERS. outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
- If a force majeure situation lasts longer than two months, the Agreement can be dissolved in writing by either Party. If any performance has already been performed on the basis of the Agreement, in such a case payment will be made proportionally without any indebtedness from either party towards each other.
- If GOGETTERS. on the commencement of the force majeure has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the Client is obliged to pay this invoice. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 25 Limitation of liability
- The execution of the Assignment is entirely at the risk and responsibility of the Client. GOGETTERS is only liable for direct damage caused by conscious recklessness or intent on the part of GOGETTERS.
- GOGETTERS is never liable for indirect damage, in any case including consequential damage, lost profit, lost savings, business interruption or immaterial damage of the Client.
- GOGETTERS is not liable for damage, of whatever nature, caused by GOGETTERS relying on incorrect and/or incomplete information provided by the Client, unless GOGETTERS should have been aware of this inaccuracy or incompleteness.
- GOGETTERS. is not responsible for errors and / or irregularities in the functionality of the Webshop and / or Link and is not liable for the unavailability thereof for whatever reason. This also includes the unavailability of the Client's Webshop as a result of an unforeseen malfunction or force majeure.
- Liability of GOGETTERS. for (the functioning of) plug-ins of third parties is excluded. GOGETTERS. is furthermore not liable for damage that has arisen as a result of or in connection with changes made or work performed in or to the GOGETTERS website. those without the express consent of GOGETTERS. occurred.
- The Client is responsible for the correct security of its own computer, the security of passwords and more. In no event shall GOGETTERS be liable.
- The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of GOGETTERS or its managerial subordinates.
- If GOGETTERS should be liable for any damage, the liability of GOGETTERS is limited to the amount up to a maximum of twice the amount stated in the invoice or to the amount to which the insurance taken out by GOGETTERS is entitled, increased by the deductible that GOGETTERS in accordance with the insurance.
- The Client must notify GOGETTERS of the damage for which GOGETTERS can be held liable as soon as possible, but in any event within 10 days after the damage occurred, all this under penalty of forfeiture of any right to compensation for this damage.
- Any liability claim against GOGETTERS. lapses within one year after the Client became aware of the damaging event or could reasonably have been aware of it.
Article 26 Confidentiality
- GOGETTERS. and the Client undertake during the term and after termination of the Agreement to maintain confidentiality of all (confidential) information obtained in the context of an Agreement. Confidentiality arises from the Agreement or which can reasonably be expected to be confidential information. Parties will observe strict confidentiality with regard to all information they obtain about each other and from each other. All information and data carriers of the other Party will not be made available to third parties and must remain strictly confidential, unless the other Party has given prior express written permission to do so.
- Client is obliged to use all website and other materials provided by GOGETTERS. are provided to be kept secret, not to be made known to third parties or to be used, unless GOGETTERS. has explicitly given permission for this.
- If GOGETTERS. on the basis of a statutory provision or a court decision, the confidential information is (also) required to be provided by the law or authorized judge or third party designated, and GOGETTERS. cannot invoke a right of non-disclosure, is GOGETTERS. not obliged to pay any compensation and the Client is not entitled to dissolve the Agreement.
- The obligation of confidentiality impose GOGETTERS. and the Client also the third parties to be engaged by them.
Article 27 Intellectual Property Rights
- All IP rights, including but not limited to the source code, of Shopify, Prestashop or Woocommerce, owned by both GOGETTERS. if the Client is used, it rests solely with Shopify, Prestashop or Woocommerce and is not transferred to the Client.
- The IP rights of the (visual) designs of the Webshop, advice and more are with GOGETTERS. and become transferred to the Client at the moment that the Client has fulfilled its payment obligations arising from the development of the Webshop.
- The Client is prohibited from using all works to which the IP rights and copyrights of GOGETTERS. and/or Shopify, Prestashop or Woocommerce, are allowed to disclose and/or reproduce, modify or make available to third parties without the express prior written consent of GOGETTERS. and/or Shopify, Prestashop or Woocommerce and an agreed monetary compensation. If the Client wishes to make changes to GOGETTERS. delivered goods, serves GOGETTERS. expressly agree to the proposed changes.
- The Client is prohibited from using the products to which the intellectual property rights of GOGETTERS. to use other than agreed in the Agreement. The Client only obtains a non-exclusive, non-transferable right of use of the Webshop and / or Link, unless explicitly agreed otherwise.
- The Client is furthermore not permitted to change or remove any indication concerning the confidential nature, copyrights, trade names, brands or any other intellectual property right from the Webshop, documentation and / or other materials.
- The parties will inform each other and act jointly against any infringement of GOGETTERS' IP rights. and Shopify, Prestashop or Woocommerce.
- Client indemnifies GOGETTERS. for claims by third parties with regard to (possible) infringements and / or claims by third parties with regard to what has been made available to the Client within the framework of the Agreement. Client will GOGETTERS. inform immediately about these infringements and / or claims.
- Any infringement by the Client of the IP rights (and copyrights) of GOGETTERS. euros) for each day that the infringement continues. In the event of default, GOGETTERS has the right to claim the actual damage suffered from the Client in addition to the contractual penalty.
Article 28 Safeguarding and correctness of information
- The Client indemnifies GOGETTERS against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Client.
- The Client shall provide GOGETTERS with all information or instructions that are necessary for the performance of the Agreement or which the Client should reasonably understand to be necessary for the performance of the Agreement.
- If the foregoing data and instructions are not provided or are not provided on time, GOGETTERS. the right to suspend the execution of the Agreement. The additional costs incurred as a result of the delay are for the account of the Client.
- Client indemnifies GOGETTERS. for claims from third parties with regard to intellectual property rights on the data and information provided by the Client, which can be used in the execution of the Agreement, as well as with regard to the content of the GOGETTERS. drafted advice and reports.
- If the Client provides GOGETTERS with electronic files, Website or information carriers. provided, the Client guarantees that these are free from viruses and defects.
- The client indemnifies GOGETTERS. of all claims by Shopify, Prestashop or Woocommerce or other third parties as a result of the development of the Webshop and/or Link in the Shopify, Prestashop or Woocommerce platform for the benefit of the Client.
Article 29 Newsletter
- The Client can sign up for the newsletter.
- The newsletter keeps the Client informed of the latest news and the most recent developments.
- The Client will receive the newsletter by post and by e-mail.
- The Client can unsubscribe from the newsletter at any time in writing or via the hyperlink. The Client will then no longer receive messages.
Article 30 Complaints
- If the Client is not satisfied with the service or products of GOGETTERS. or otherwise has complaints about the execution of the Agreement, the Client has the right to report these complaints. Complaints can be reported verbally or in writing via [email protected]
- The complaint must be sufficiently substantiated and / or explained by the Client, GOGETTERS wants. be able to handle the complaint.
- GOGETTERS. will respond substantively to the complaint as soon as possible, but no later than 14 days after receipt of the complaint.
- Parties will try to find a solution together.
Article 31 Amendment to general terms and conditions
- GOGETTERS. has the right to unilaterally change these terms and conditions.
- Changes will also apply to agreements already concluded.
- The most current version can be found on the website (https://www.gogetters.nl/).
- The changes to the general terms and conditions will take effect thirty days after the Client has been notified of the changes.
- If the Client does not agree with the announced changes, the Client has the right to dissolve the agreement.
Article 32 Applicable law
- On the legal relationship between GOGETTERS. and the Client is subject to Dutch law. This also applies if an obligation is wholly or partly performed abroad or if the Other Party is domiciled abroad.
- In case of translations of these general terms and conditions, the Dutch version is the original and leading.
Last modified: August 11, 2021