Terms and Conditions
General Terms and 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 meanings unless expressly stated otherwise.
Offer: any offer or quotation to the Client to provide Services by GOGETTERS.
Subscription: the agreement entered into by the Customer with GOGETTERS. for the use of the Link developed by GOGETTERS.
App: The Dropship Dashboard, but installable as an app in the Shopify App Store. See https://apps.shopify.com/gogetters-eu-dropshipping.
Services (or Service): developing a Webshop using Shopify, Prestashop or Woocommerce, and developing the Link and registering 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 offering Services to the Client.
Integrated Suppliers - Suppliers who are fully integrated into our system and dropshippers recommend working with GOGETTERS.
Link: the linking software between the Webshop and wholesale for the purpose of automated data exchange.
Customer - A consumer who buys a product on a web shop.
One Click Suppliers - A supplier who sells through the Supplier Dashboard and pays a percentage on the order value. For suppliers, dropshippers do not need to create an account and can start selling products immediately.
Client: the natural or legal person, acting in the exercise of profession and business, who has appointed GOGETTERS., granted projects to GOGETTERS. for Services performed by GOGETTERS. or to whom GOGETTERS. has made a proposal under an Agreement.
Agreement means any Agreement and other obligations between the Customer and GOGETTERS. as well as proposals by GOGETTERS. for Services provided by GOGETTERS. to the Customer at a distance and accepted by the Customer and accepted and performed by GOGETTERS. to which these terms and conditions form an indissoluble whole. At a distance means without simultaneous personal presence of GOGETTERS. and Client and where, up to and including the conclusion of the agreement, exclusive use is made of one or more means of distance communication.
Platform: the software made available by GOGETTERS. where supply and demand are brought together between the Supplier and the Client. Part of the Platform also includes the app, hereinafter referred to as dropship app.
Supplier: A supplier that sells products through GOGETTERS. The products and 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 arrives here with the necessary shipping information
Shopify, Prestashop or Woocommerce: the e-commerce platform used by Client and GOGETTERS. on behalf of Client.
Webshop: the Client's website created, whether or not by GOGETTERS. through the Shopify, Prestashop or Woocommerce ecommerce platform.
Article 2 Applicability
- These general terms and conditions apply to any Offer by GOGETTERS., any Agreement between GOGETTERS. and Client, and any Service offered by GOGETTERS.
- These General Conditions also apply to agreements with GOGETTERS, for the execution of which third parties must be involved.
- Before an Agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, GOGETTERS. will indicate to the Client the manner in which the Client can inspect the general terms and conditions.
- Deviation from these general terms and conditions is not possible. In exceptional situations, the general terms and conditions may be deviated from if explicitly agreed upon in writing with GOGETTERS. The terms and conditions of the Client are explicitly not applicable.
- These general terms and conditions also apply to additional, amended and follow-up assignments from the Client.
- The applicability of any purchasing 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 void or nullified, the remaining provisions of these general terms and conditions shall remain in effect, and the void/ nullified provision(s) shall be replaced by a provision with the same purport as the original provision.
- Uncertainties about the content, interpretation or situations that are not regulated in these general terms and conditions must be assessed and explained according to 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 Sections 7:404 and 7:407 (2) of the Civil Code is explicitly excluded.
- The rights and obligations under the Agreement between the Parties may not be assigned by the Client to a third party unless GOGETTERS. gives its express and prior consent to the Client. GOGETTERS. is free to attach further conditions to this.
- Where reference is made in these general terms and conditions to she/he/him, this should also be construed as a reference to he/she/his, if and to the extent applicable.
Article 3 The Offer
- Offers and/or quotations will be made in writing and/or electronically, unless urgent circumstances make this impossible.
- All offers and/or quotations of GOGETERS are without obligation, unless the offer and/or quotation stipulates a period for acceptance. If the offer and/or quotation states a deadline for acceptance, the offer and/or quotation will lapse when this deadline has expired.
- All offers and/or quotations of GOGETTERS are without obligation, unless the offer and/or quotation stipulates a term for acceptance. If a deadline for acceptance has been set in the offer and/or quotation, the offer and/or quotation lapses when this deadline has expired.
- GOGETTERS cannot be held to its offers and/or quotations if the Other Party should have understood, in terms of reasonableness and fairness and generally accepted views, that the offer and/or quotation or any part thereof contains an obvious mistake or error.
- Offers or quotations do not automatically apply to follow-up orders.
- Delivery times and deadlines in GOGETTERS. offer are indicative and if exceeded do not entitle the Client to rescission or damages, unless expressly agreed otherwise.
- A compound quotation does not oblige GOGETTERS. to supply part of the items included in the offer or quotation at a Corresponding part of the quoted price.
Article 4 Establishment of the Agreement
- The Agreement comes into effect the moment the Client has accepted an Offer or Agreement of GOGETTERS. by returning a signed copy (scanned or original) to GOGETTERS. or gives an explicit and unambiguous agreement to the Offer by e-mail. Subsequently, the Agreement is established when GOGETTERS. confirms it in writing.
- GOGETTERS. is not bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or slip of the pen. The Client cannot derive any rights from this mistake or slip of the pen.
- If the Client cancels an Agreement that has already been confirmed, the Client will be charged for the costs actually incurred up to that point (including time spent) based on the then current hourly rate.
- If the Agreement is entered into by more than one Principal, each Principal is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
Article 5 Dissolution
- If the Client fails to fulfill an obligation under the Agreement or fails to do so fully, on time or properly, GOGETTERS shall be entitled to terminate the Agreement with immediate effect, unless the failure does not justify termination in view of its minor significance.
- Further, GOGETTERS is authorized to terminate the Agreement with immediate effect if:
- after the conclusion of the Agreement GOGETTERS has become aware of circumstances that give good reason to fear that the Client will not fulfill the obligations;
- the Client was requested, at the conclusion of 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 required to perform the Agreement at the originally agreed conditions;
- circumstances arise which are of such a nature that fulfillment of the agreement is impossible or that GOGETTERS cannot reasonably be required to maintain the agreement unchanged;
- the Client is declared bankrupt, files a petition for suspension of payments, applies for application of the debt restructuring of natural persons, faces an attachment of all or part of its property;
- the Client is placed in receivership;
- the Principal dies.
- Dissolution shall be by written notice without judicial intervention.
- If the Agreement is terminated, GOGETTERS' claims against the Client are immediately due and payable.
- If GOGETTERS terminates the agreement on the foregoing grounds, GOGETTERS shall not be liable for any costs or damages.
- If the dissolution is attributable to the Client, the Client shall be liable for damages suffered by GOGETTERS.
Article 6 Performance of services
- GOGETTERS. will endeavor to perform the Agreement with the utmost care as may be required of a good contractor. All Services are performed on the basis of an obligation of effort, unless a result is explicitly agreed upon in writing and described in detail.
- In performing the Services, GOGETTERS. is not obliged or required 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 shall be obliged to pay the additional or additional costs accordingly.
- GOGETTERS. is entitled to engage third parties to perform the Services at its discretion.
- The Agreement under which GOGETTERS. performs the Services shall guide the scope and extent of the Services. The Agreement will only be performed for the benefit of the Client.
- If GOGETTERS. pursuant to a request or order of a governmental authority and/or a legal obligation, performs work with respect to data of the Client, the costs associated therewith shall be borne solely by the Client.
- In case of changes, whether made by Shopify, Prestashop or Woocommerce or not, GOGETTERS. may continue the performance of the Service with the modified version of the software. At no time is GOGETTERS. obliged or required to maintain, modify or add certain functionalities and/or specific features.
- The source code as well as the technical documentation of the Website is at all times excluded from the right of use or subject to transfer to the Client.
- Both the Client and GOGETTERS. may make changes to the scope and/or content of the Services purchased. The additional costs associated with this shall be borne by the Client. The Client will be informed of this as soon as possible. If the Client does not agree, the Parties must consult with each other. The Client may 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. will bear the costs of the change.
- In the case of partial delivery, GOGETTERS. shall adjust the performance of its Services to the Client's comments and observations, to the extent reasonable.
- GOGETTERS. does not provide a physical carrier of the software to the Client.
- GOGETTERS. shall make every effort to realize the services within the agreed period, to the extent this can reasonably be required of it. If there is urgency, the Client is obliged to reimburse GOGETTERS. for the additional costs involved.
- GOGETTERS. makes every effort to provide 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, within the scope of the Services, will be adapted in a timely manner to changes in relevant laws and regulations but will make every effort to achieve this as timely as possible.
Article 7 Obligations of Principal
- If Client does not have an account with Shopify, Prestashop or Woocommerce, Client expressly authorizes GOGETTERS. to create an account with Shopify, Prestashop or Woocommerce in order for GOGETTERS. to perform its Services on behalf of Client.
- The Client shall provide GOGETTERS. with access to the Client's Shopify, Prestashop or Woocommerce account during the performance of GOGETTERS.'s Services, in order for GOGETTERS. to perform the Services desired by the Client within the (im)possibilities set by Shopify, Prestashop or Woocommerce.
- The Client is obliged to provide all information requested by GOGETTERS. as well as relevant appendices and related information and data on time and/or before commencement of the work and in the desired form for the correct and efficient performance of the Agreement. Failing this, GOGETTERS. may not be able to achieve full execution and/or delivery of the relevant documents. The consequences of such a situation shall at all times be at the expense and risk of the Client.
- GOGETTERS. is under no obligation to verify the accuracy and/or completeness of the information provided to it or to update Client regarding the information if it has changed over time, nor is GOGETTERS. responsible for the accuracy and completeness of the information compiled by GOGETTERS. for third parties and/or provided to third parties under the Agreement.
- GOGETTERS. may, if necessary for the performance of the Agreement, request additional information. Failing this, GOGETTERS. shall be entitled to suspend its work until the information is received, without being liable to pay any compensation for any reason whatsoever to the Client. In the event of changed circumstances, the Client must notify GOGETTERS. immediately, or no later than 5 working days after the change becomes known.
- GOGETTERS. provides the Shopify, Prestashop or Woocommerce terms and conditions referred to in paragraph 6 before the commencement of the Agreement.
- Client is aware of the terms and conditions that Shopify, Prestashop or Woocommerce imposes on the use of the account, or any future changes to the aforementioned terms and conditions, as well as the consequences that Shopify, Prestashop or Woocommerce may attach to non-compliance with those terms and conditions.
Article 8 Opinion
- If GOGETTERS. prepares an opinion and/or plan of action for the benefit of the Client, its contents are non-binding and of an advisory nature only. Nevertheless, GOGETTERS. shall observe its duties of care.
- The Client decides for itself and on its own responsibility whether to follow GOGETTERS' advice.
Article 9 Webshop Development and Linkage .
- The Client is obliged to provide all information required for the development of the Webshop and/or Link in good time, completely, correctly and in the desired form (which also includes data files, software, documentation, advice, reports, analyses and designs).
- The parties shall record in writing all features, functionalities, characteristics, colors, etc. of the Webshop and/or Link to be developed. These agreements agreed in writing shall be the starting point for the execution of the work by GOGETTERS. as far as this is possible within the limitations of Shopify, Prestashop or Woocommerce. If the agreements made are too brief to meet the requirements of the Client, the parties should consult and adjust the agreements or the Agreement accordingly.
- GOGETTERS. shall at all times be entitled to require the Client's approval before any work developed by it is delivered.
- The nature of the services entails that the result is partly dependent on external factors that may influence the development, such as the quality, accuracy and timely delivery of required information and data from the Client and/or its employees. Client is responsible for the quality and for the timely and correct delivery of the necessary data and information.
- If the parties have agreed on partial deliveries, adjustments and/or changes resulting from the first two partial deliveries will be made free of charge. Should the Client require adjustments and/or changes to the Webshop after the first two rounds that were not previously communicated to GOGETTERS. the additional costs of the 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. shall, 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 in writing or digitally to the Client.
- Client accepts the Webshop and/or Link in its condition at the time of delivery ('as is'), therefore with all visible and invisible defects.
- If the commencement, progress or (delivery) of the Services is delayed because, for example, the Client has not or not timely provided all requested information, insufficient cooperation, the advance payment has not been received on time by GOGETTERS. or due to other circumstances, which are for the account and risk of the Client, GOGETTERS. has the right to a reasonable extension of the (delivery) term. Under no circumstances are the stated deadlines fatal deadlines, nor can GOGETTERS. be held liable for exceeding the agreed deadline.
- All damages and additional costs resulting from delay due to a cause mentioned in paragraph 3 shall be for the account and risk of the Client and shall be charged to the Client by GOGETTERS.
- If expressly agreed, GOGETTERS. will install the Link on the Client's Webshop.
Article 11 Risk transition
- The risk of theft and loss, embezzlement or damage to data, documents, software, data files and/or items used, made or delivered as part of the performance of the Agreement shall pass to the Client at the time they are actually placed at the Client's disposal, or at the time of the first use of the Link and/or Webshop. If and to the extent that any damage is thereby incurred by the Client, GOGETTERS. is obliged to provide replacement Webshop at the cost price of the data carriers. Reinstallation and/or implementation shall be at the agreed rate unless otherwise agreed.
Article 12 Warranties and recovery
- GOGETTERS. performs the Services in accordance with the standards applicable in the industry. If any warranty is given, it is limited to what has been expressly agreed upon in writing, but can never extend further than what has been laid down by Shopify, Prestashop or Woocommerce in its terms and conditions (which GOGETTERS. has made the Client aware of prior to the Agreement). During this agreed warranty period GOGETTERS. vouches for a sound and usual quality of the delivered goods.
- The Client may only invoke the guarantee provided by GOGETTERS. if the Client has fully complied with its payment obligations.
- Any guarantee offered in these terms and conditions regarding the Web Store and/or Link developed by GOGETTERS. is only agreed between GOGETTERS. and Customer and therefore does not provide Customer with any recourse against third parties, in particular against Shopify, Prestashop or Woocommerce.
- If the Client rightly invokes the warranty, GOGETTERS. is obliged to carry out a repair or replacement free of charge. If, in addition, there is any additional damage, the applicable liability provisions of these General Terms and Conditions shall be adhered to.
- GOGETTERS. does not warrant that the Webshop and/or Link will function without errors and/or interruptions. GOGETTERS. endeavors to repair errors in the software within a reasonable time. The repair only concerns the Webshop and/or Link which has been developed by GOGETTERS. itself, and the faults have been timely reported by the Client. GOGETTERS. is entitled to postpone the repair until a new version of the software is put into use.
- Client shall immediately report an identified defect in writing to GOGETTERS. in detail in a manner that GOGETTERS. is able to reproduce and remedy the defects. The defect has been reported at the time Client provides confirmation of the report from GOGETTERS. to Client.
- Repair also includes providing temporary solutions. The warranty never includes the recovery of mutilated or lost data. GOGETTERS. is not obliged to recover such data. If agreed, GOGETTERS. may reasonably cooperate, but is never responsible nor obliged to restore any mutilated and/or lost data. Client shall at all times take measures to prevent and limit failures, defects, mutilation and/or loss of data, whether or not based on information provided by GOGETTERS.
Article 13 Hosting Services
- If the agreed services include storage and/or transmission of material provided by the Client to third parties in the context of (web) hosting, the following shall apply. Even if GOGETTERS. manages the Client's hosting account, and the Client's access is limited to the management panel of the Webshop or, as the case may be, Shopify, Prestashop or Woocommerce account or Link, GOGETTERS. may place restrictions on the size of hosting account.
- The Client is prohibited from publishing and distributing data via its Webshop in violation of European laws and regulations, which in any case includes: data without the copyright holder's permission, defamatory information, or information that insults, discriminates, threatens, is racist in nature, incites hatred, and information that contains child pornography or otherwise punishable pornography. Also, information that violates the privacy of third parties (also stalking), as well as torrents, spam and hyperlinks pointing to such information on third-party websites.
- In case of (possible) criminal acts, GOGETTERS. is entitled to report them and hand over the information provided by the Client to the competent authorities, as well as to perform all actions required of it as part of the investigation.
- GOGETTERS. shall be entitled to dissolve and/or terminate the Agreement with the Client in case of abuse as named in the preceding paragraph and/or possible criminal offenses by the Client.
- Client must refrain from inflicting any damage or actions that he/she can reasonably suspect will cause damage to other Clients or the servers. If Client sends spam, and has been repeatedly warned about this, and is temporarily suspended, GOGETTERS. has the right to permanently deny Client access, without compensation for any damages. Because of this, Client can only use its email when an external email service is purchased that GOGETTERS. can link to the domain name and/or Webshop. Removal of e-mail from the purchased (hosting) package for this reason will not result in a price reduction.
- The Client is prohibited from reselling and/or renting out the services, unless explicitly agreed otherwise.
- GOGETTERS. may place a maximum on the amount of storage space the Customer may use in connection with the Service. If this maximum is exceeded, GOGETTERS. is authorized to charge an additional amount. No liability exists for consequences of inability to send, receive, store or modify data if an agreed storage space limit has been reached.
- In case of extremely high data traffic, GOGETTERS. is entitled at its discretion to temporarily take down the Client's Webshop. This includes DDoS attacks, brute force attacks, server overload or if Client causes inconvenience to GOGETTERS. server in any other way.
- In addition to the obligations under the law, damage resulting from incompetence or failure to act in accordance with the above points shall be for the account and risk of the Client.
Article 14 Connectivity
- Each month, the Customer's actual usage will be reviewed. If the actual usage differs from the expected usage, the scope of the purchased Service may be adjusted. An increase will be implemented immediately. A reduction can only be made at the end of period of this Agreement.
- Data traffic is not transferable to the next month and/or other equipment unless otherwise agreed upon.
- Data traffic means all network traffic generated by Client, incoming and outgoing. Incoming and outgoing traffic are added together for the calculation of data traffic. This also includes e-mail traffic. Client shall refrain from sending mailings and/or newsletters via standard e-mail accounts.
- GOGETTERS. may set a maximum amount of data traffic per month that the Customer may use under the Service. If this maximum is exceeded, GOGETTERS. is authorized to charge an additional amount, in accordance with the amounts for additional data traffic listed on the Website. No liability exists for consequences of inability to send, receive, store or modify data if an agreed data traffic limit has been reached.
Article 15 Domain registration
- GOGETTERS. offers domain registration at the request of Client at the applicable rates. Client is responsible for being aware of applicable laws and regulations. Client is aware that a domain registration does not constitute registration of trademark rights.
- The domain name registration, including the application, assignment, use and holding of a domain name, is always subject to the rules of the respective registering authority. GOGETTERS. herewith only has an obligation of effort and offers no guarantee about the allocation of a domain name. The Client is responsible for the correct supply of a domain name and cannot hold GOGETTERS. liable for registering a wrong domain name due to a (typing) error by GOGETTERS. It is up to the Client to check and adjust if necessary.
- Client owes GOGETTERS. a fee for the registration, use and holding of the domain name. To this end, the Client enters into an indefinite agreement, which can be terminated monthly. Client is obliged to pay the fee per year in advance at once.
Article 16 Notice and takedown
- If and to the extent that 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 shut down the Client's Webshop or (temporarily) exclude the Client from using it or otherwise restrict its use. GOGETTERS. will remove any infringing/harmful information immediately. As a result, the Customer may not be able to use GOGETTERS' Services at all or in full. Under no circumstances shall GOGETTERS. be liable for any damage suffered by the Client, of whatever nature, as a result of the (temporary) closure or restriction of (the use of) the Webshop and/or the removal or transfer of data placed by the Client.
Article 17 Subscription Link webshop
- Client must enter into a Subscription for an indefinite period of time with GOGETTERS for the use of the Link developed by GOGETTERS.
- There is a one-time installation fee of €99 when the subscription is taken out. The one-time payment also serves as an authorization for the monthly direct debit.
- Current subscriptions and prices are listed on the website https://gogetters.eu/pages/inschrijven.
- Client makes its own choice of the specific Subscription. GOGETTERS. may advise Client in this choice without obligation based on information provided by Client. GOGETTERS. is not obliged to check the accuracy 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 on its own and on its own responsibility whether to follow the advice of GOGETTERS.
- If the number of products placed on the Client's Webshop threatens to exceed the size of the current Subscription, the Client will be notified of that excess by GOGETTERS. as stipulated in the order confirmation.
- Capacity per subscription is assessed by variants per product. A product can have several variants. Think of color or size or design. Each variant is counted as a product.
- Client owes a monthly fee to GOGETTERS. for the Subscription. The Subscription can be cancelled on a monthly basis. The effective date is leading for the duration and notice period of 1 month. Termination must be done by mail. An inactive webshop is not a thorough reason for non-payment.
- GOGETTERS. is at all times entitled to suspend or terminate the Customer's use of the Subscription in the event of non-compliance with the Customer's payment obligations.
- In case of direct debit failures, GOGETTERS is entitled to charge a penalty on the amount to be collected.
Article 18 Suppliers
- Suppliers can register with the platform, upload products there which then become visible in the dropship app.
- Registration is by form. The agreement is concluded for an indefinite period of time.
- After signing up, both the Supplier and GOGETTERS are subject to a trial period for 2 months during which the agreement can be cancelled immediately without charge.
- Payment for this service is made per sale through a 5% fee unless otherwise agreed upon.
- GOGETTERS is entitled to change the fee unilaterally. The Supplier may then terminate or continue the agreement within 30 days at no cost under the new fee arrangements.
- Without prejudice to paragraph 5, the agreement may be terminated unilaterally subject to 2 months' notice.
- GOGETTERS reserves the right to reject an application. In addition, GOGETTERS reserves the right to be able to block a Supplier if they fail to fulfill the obligation to make the products available and subsequently deliver as agreed.
- If the notification and operation of the platform depends on links to external parties, GOGETTERS is not responsible for the correct operation of the platform or realization of the notification.
Article 19 GOGETTERS. intermediary
- GOGETTERS. acts as an online platform where supply and demand of the various Deals are brought together. The Suppliers can post on the website of GOGETTERS. Post Deals in which the Suppliers offers various Deals.
- GOGETTERS. in no way guarantees that the deal posted by the Suppliers will generate sales for the Suppliers.
- If the Client orders a product or service through GOGETTERS. website, an agreement between the Suppliers and the Client is established. GOGETTERS. is never involved in the conclusion of this agreement.
- GOGETTERS. is never responsible and liable for the conclusion of the agreement between the Client and Suppliers. Also, GOGETTERS. is never liable for damages suffered by the Client or Suppliers as a result of the agreement.
- In case the Client enters into a Deal with the Suppliers then the payment is made to GOGETTERS. GOGETTERS. remits the turnover achieved including VAT from the Suppliers to the Suppliers on a monthly basis, with deduction of the commission.
- The Supplier submits the Deal to GOGETTERS. GOGETTERS. approves the data inserted by the Supplier and then posts 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 giving reasons. Third parties may request GOGETTERS. to remove a deal from the Website.
- GOGETTERS. refuses, blocks, and/or deletes a deal in any case, if:
- the Deal violates the law;
- the Deal does not contain the regular and correct quote;
- the Deal is pornographic, erotic in nature or refers to a location with pornographic content;
- the Deal has a violent character or refers to a location with violent content;
- the Deal discriminates on the basis of race, sex, political affiliation, religion or belief;
- the Deal contains or links to websites and/or digital resources containing maleware and/or viruses;
- the Deal encourages, promotes or commends illegal activities; the Deal is inappropriate to the website in terms of ethics, formatting, style or design;
- acts in violation of these Terms and Conditions.
The Supplier accepts the possibility that a deal can be refused, blocked, removed.
- GOGETTERS. charges an amount for a deal. The amount is a further agreed amount per deal that GOGETTERS. charges the Supplier through billing or direct debit.
Article 20 Prices and payment
- The Fee and/or rates are expressed in Euros, excluding VAT and other government levies, unless otherwise indicated.
- If an Honorarium and/or rate has not been expressly agreed upon, the Honorarium will be determined on the basis of hours actually spent and GOGETTERS' usual hourly rates.
- 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 either in advance or in arrears.
- Client must pay an advance of 50% of the agreed amount for a Webshop to be developed by GOGETTERS. After completion, Client must pay the remaining 50% of its payment obligation.
- Subsequent payment must be made within 14 days of the invoice date, in a manner to be specified by GOGETTERS and in the currency of the invoice, unless otherwise agreed.
- The Client is not authorized to deduct from the amount due any amount on account of a counterclaim asserted by it.
- GOGETTERS is entitled to invoice the Client for 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 is agreed upon, the Client must pay according to the installments and percentages as set forth in the Agreement.
- Objections to the amount of the invoice do not suspend the payment obligation.
- After the expiration of 14 days after the invoice date, the Client shall be in default by operation of law, without notice of default. The Client shall owe interest of 10% per month on the amount due from the moment of default, unless the legal interest rate is higher.
- In case of bankruptcy, suspension of payments or receivership, GOGETTERS' claims and the Client's obligations to GOGETTERS are immediately due and payable.
Article 21 Collection policy
- If the Client is in default or omission in the (timely) fulfillment of his (payment) obligations, all reasonable costs to obtain satisfaction out of court shall be borne by the Client. In any case, the Client shall owe collection costs.
- Regarding the extrajudicial (collection) costs, GOGETTERS is entitled, notwithstanding Article 6:96 paragraph 5 of the Civil Code and the Decree on Compensation for Extrajudicial Collection Costs, to compensation of 10% of the total outstanding principal amount with a minimum of € 90 for each invoice not paid in whole or in part, unless the statutory interest rate is higher at that time.
- Any reasonable court costs and enforcement costs incurred shall also be borne by the Client.
Article 22 Privacy, data processing and security
- GOGETTERS. will treat the (personal) data of Client and Clients of the Webshop with care and will only use them in accordance with the privacy statement. If requested, GOGETTERS. will inform the person concerned.
- Client is solely responsible for the processing of data that are processed using a Service of GOGETTERS. The Client also guarantees that the content of the data is not unlawful and does not infringe any third party rights. In this context, the Customer indemnifies GOGETTERS against any (legal) claim related to these data or the performance of the Agreement.
- If the Agreement requires GOGETTERS. to provide security of information, such security shall comply with the agreed specifications and a level of security that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.
- Parties should act in accordance with the General Data Protection Regulation and comply with the obligations arising therefrom as well as other applicable laws and regulations. Parties should enter into a processing agreement for this purpose.
- Client has obligations to third parties under the General Data Protection Regulation. These include, but are not limited to, the obligation to provide information, allow inspection, correct and delete personal data of data subjects. Client itself is solely and fully responsible for the proper fulfillment of these obligations. GOGETTERS. is in respect of this personal data "Processor" within the meaning of the AVG. GOGETTERS. will provide support as much as technically possible.
Article 23 Suspension
- If the Client fails to fulfill an obligation under the Agreement, in full or in a timely manner, GOGETTERS is entitled to suspend fulfillment of the corresponding obligation. In case of partial or inadequate performance, suspension is permitted only to the extent justified by the breach.
- Furthermore, GOGETTERS is authorized to suspend performance of the obligations if:
- after the conclusion of the Agreement GOGETTERS has become aware of circumstances that give good reason to fear that the Client will not fulfill the obligations;
- the Client was requested, at the conclusion of 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 compliance with the Agreement is
impossible or that unaltered maintenance of the Agreement cannot reasonably be required of GOGETTERS.
GOGETTERS may not reasonably be required.
- GOGETTERS retains the right to claim damages.
- GOGETTERS. is entitled 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 his fault, nor under law, legal act or generally accepted practice. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.
- In these General Conditions, force majeure means, in addition to what is understood in that area in the law and jurisprudence, all external causes, foreseen or unforeseen, which GOGETTERS can not influence and as a result of which GOGETTERS is unable to fulfill the obligations.
- Force majeure circumstances include, but are not limited to: (i) force majeure of GOGETTERS' suppliers, (ii) failure to properly fulfill obligations of suppliers prescribed or recommended by Customer to GOGETTERS. prescribed or recommended by Customer, (iii) defectiveness of third-party items, equipment, software or materials, (iv) governmental measures, (v) power failure, (vi) failure of Internet, data network and telecommunications facilities (for example, due to: cybercrime, hacking and DDoS attacks), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, and (x) other situations that in GOGETTERS. beyond its control that temporarily or permanently prevent performance of its obligations.
- If a force majeure situation lasts longer than two months, the Agreement may be rescinded in writing by either Party. In such a case, if any performance has already been made under the Agreement, it shall be settled proportionately without any indebtedness of each Party to the other.
- If at the onset of Force Majeure GOGETTERS. has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to separately invoice the part already delivered or the deliverable part, as the case may be, and the Client is obliged to pay this invoice. However, this does not apply if the part already delivered and/or deliverable part has no independent value.
Article 25 Limitation of liability
- The execution of the Assignment is carried out entirely at the risk and responsibility of the Client. GOGETTERS shall only be liable for direct damage caused by deliberate recklessness or intent on the part of GOGETTERS.
- GOGETTERS shall never be liable for indirect damages, in any case including consequential damages, lost profits, missed savings, business stagnation or immaterial damages of the Client.
- GOGETTERS is not liable for damages of any kind, because GOGETTERS has relied on incorrect and/or incomplete data provided by the Client, unless such inaccuracy or incompleteness should have been known to GOGETTERS.
- GOGETTERS. is not responsible for errors and/or irregularities in the functionality of the Webshop and/or Link and is not liable for its unavailability for any reason. This also includes the unavailability of the Client's Webshop due to an unforeseen failure or force majeure.
- Liability of GOGETTERS. for (the functioning of) third party plug-ins is excluded. GOGETTERS. is furthermore not liable for damages incurred as a result of, or in connection with, changes made or work performed in or on GOGETTERS.'s Web site that took place without GOGETTERS.'s express permission.
- Client is responsible for the proper security of his own computer, security of passwords and more. Under no circumstances is GOGETTERS liable.
- The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence of GOGETTERS or its managerial subordinates.
- Should GOGETTERS be liable for any damage, GOGETTERS' liability shall be limited to the amount up to twice the amount stated in the invoice or up to the amount to which GOGETTERS' insurance coverage gives claim, increased by the deductible that GOGETTERS bears in accordance with the insurance.
- The Client must report damages for which GOGETTERS may be held liable to GOGETTERS as soon as possible, but in any case within 10 days of the occurrence of the damages, all under penalty of forfeiting any right to compensation for such damages.
- Any liability claim against GOGETTERS. expires within one year after the Client became aware of the damaging fact or could reasonably have become aware of it.
Article 26 Confidentiality
- GOGETTERS. and Client undertake during the term and after termination of the Agreement to keep confidential all (confidential) information obtained under an Agreement. Confidentiality results from the Agreement or which can reasonably be expected to be confidential information. The parties will observe strict confidentiality with respect to all information they obtain about each other and from each other. All information and data carriers of the other Party shall not be made available to third parties and shall remain strictly confidential, unless the other Party has given prior express written consent to do so.
- Client is required to keep all website and other materials provided by GOGETTERS. confidential, not to disclose to third parties or give them use, unless expressly authorized by GOGETTERS.
- If GOGETTERS. is required by a statutory provision or court order to (communicate) the confidential information to by law or competent court or designated third party, and GOGETTERS. cannot invoke a right to privilege, GOGETTERS. is not liable for any damages and the Client is not entitled to terminate the Agreement.
- GOGETTERS. and Client also impose the confidentiality obligation on the third parties they engage.
Article 27 Intellectual Property Rights
- All IP rights, including but not limited to the source code, of Shopify, Prestashop or Woocommerce provided by both GOGETTERS. as used by the Client is vested solely in Shopify, Prestashop or Woocommerce and is not transferred to the Client.
- The IP rights to the (visual) designs of the Webshop, advice and more are vested in GOGETTERS. and become transferred to Client when Client has fulfilled her payment obligations arising from the development of the Webshop.
- The Customer is prohibited from disclosing and/or reproducing, modifying or making available to third parties all works subject to the IP rights and copyrights of GOGETTERS. and/or Shopify, Prestashop or Woocommerce without the express prior written consent of GOGETTERS. and/or Shopify, Prestashop or Woocommerce and a monetary compensation agreed upon for that purpose. If the Customer wishes to make changes to items delivered by GOGETTERS., GOGETTERS. must explicitly approve the intended changes.
- The Client is prohibited from using the products subject to GOGETTERS. intellectual property rights other than as agreed in the Agreement. Client only acquires a non-exclusive non-transferable right of use of the Webshop and/or Link unless expressly agreed otherwise.
- Furthermore, the Client is not permitted to change or remove any designation concerning the confidential nature, copyright, trade names, trademarks, 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 the IP rights of GOGETTERS. and Shopify, Prestashop or Woocommerce.
- The Client shall indemnify GOGETTERS. against third party claims in respect of infringements (if any) and/or third party claims relating to anything made available to the Client under the Agreement. The Client shall immediately inform GOGETTERS. of such infringements and/or claims.
- Any infringement by the Client of the IP rights (and copyrights) of GOGETTERS., will be punished by a one-time penalty in the amount of €10,000 (in words: ten thousand euros) and a penalty of €500 (in words: five hundred euros) for each day that the infringement continues. In the event of non-performance, GOGETTERS is entitled to claim the actual damage suffered from the Client in addition to the contractual penalty.
Article 28 Indemnification and accuracy of information
- The Client shall indemnify GOGETTERS.for any claims by third parties, who suffer damage in connection with the performance of the Agreement and which is attributable to the Client.
- The Client shall timely provide GOGETTERS with all data or instructions, which are necessary for the performance of the Agreement or which the Client should reasonably understand are necessary for the performance of the Agreement.
- If the foregoing data and instructions are not provided or not provided on time, GOGETTERS. shall be entitled to suspend performance of the Agreement. Additional costs incurred due to the delay shall be borne by the Client.
- The Client shall indemnify GOGETTERS. against third-party claims relating to intellectual property rights to the data and information provided by the Client, which may be used in the performance of the Agreement, as well as relating to the content of the advice and reports prepared by GOGETTERS.
- If the Client provides electronic files, Website or information carriers to GOGETTERS. the Client guarantees that they are free of viruses and defects.
- Client shall indemnify GOGETTERS. from all claims by Shopify, Prestashop or Woocommerce or other third parties as a result of developing the Webshop and/or Link in the Shopify, Prestashop or Woocommerce platform for the benefit of Client.
Article 29 Newsletter
- The Client may sign up for the newsletter.
- The newsletter keeps the Client informed of the latest news and developments.
- The Client will receive the newsletter by mail and email.
- The Client may 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 Client is not satisfied with the service or products of GOGETTERS. or otherwise has complaints about the performance of the Agreement, Client has the right to report these complaints. Complaints may be reported verbally or in writing at [email protected].
- The complaint must be adequately substantiated and/or explained by the Client in order for GOGETTERS. to consider the complaint.
- GOGETTERS. will respond substantively to the complaint as soon as possible, but no later than 14 days after receipt of the complaint.
- The parties will try to reach a solution jointly.
Article 31 Amendment of general terms and conditions
- GOGETTERS. has the right to change these terms and conditions unilaterally.
- Changes will also apply with respect to agreements already entered into.
- The most current version can be found on the website(https://www.gogetters.eu/).
- Changes to the General Terms and Conditions will be effective after 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 terminate the agreement.
Article 32 Applicable law
- European law applies to the legal relationship between GOGETTERS. and the Client. This also applies if an obligation is executed in whole or in part abroad or if the Other Party is domiciled abroad.
- In case of translations of these general terms and conditions, the European version is the original and leading.
Last modified: August 11, 2021