Terms and Conditions

General Terms and Conditions GOGETTERS BV

The general partnership GOGETTERS BV is registered with the Chamber of Commerce under number 94325391 and is established 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 sense, unless explicitly indicated otherwise.

Offer: any offer or quotation to the Customer for the provision of Services by GOGETTERS BV.

Subscription: the agreement that the Customer enters into with GOGETTERS BV for the use of the Link developed by GOGETTERS BV.

App: The Dropship Dashboard, but to be installed 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 inventory.

Dropship dashboard: The portal where dropshippers can manage their link with the supplier, add products and view/add suppliers.

GOGETTERS BV: The service provider offering Services to the Client.

Integrated Suppliers: Suppliers who are fully integrated into our system and advise dropshippers to work with GOGETTERS BV.

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 webshop.

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 immediately start selling products.

Customer: the natural or legal person, acting in the exercise of profession and business, who has appointed GOGETTERS BV, granted projects to GOGETTERS BV for Services performed by GOGETTERS BV, or to whom GOGETTERS BV has made a proposal under an Agreement.

Agreement means any Agreement and other obligations between the Client and GOGETTERS BV, as well as proposals by GOGETTERS BV for Services provided by GOGETTERS BV to the Client remotely, which are accepted by the Client and have been accepted and performed by GOGETTERS BV with which these terms and conditions form an indissoluble whole. At a distance means without simultaneous personal presence of GOGETTERS BV 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 BV where supply and demand are brought together between Supplier and Client. Part of the Platform also includes the app, hereinafter referred to as dropship app.

Supplier: A supplier selling products through GOGETTERS BV. 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 arrives here with the necessary shipping information.

Shopify, Prestashop or Woocommerce: the e-commerce platform used by the Customer and GOGETTERS BV on behalf of the Customer.

Webshop: the website of the Customer which, whether or not by GOGETTERS BV, has been created via the Shopify, Prestashop or Woocommerce e-commerce platform.

Article 2 Applicability

These General Terms and Conditions apply to any Offer by GOGETTERS BV, any Agreement between GOGETTERS BV and the Client and to any Service offered by GOGETTERS BV. These General Conditions also apply to agreements with GOGETTERS BV, the performance of which requires the involvement of third parties. Before an Agreement is concluded, the Client will be provided with these General Terms and Conditions. If this is not reasonably possible, GOGETTERS BV will indicate to the Client how the Client may inspect the General Conditions. Deviation from these General Terms and Conditions is not possible. In exceptional situations the general conditions may be deviated from if this has been explicitly agreed upon in writing with GOGETTERS BV. The terms and conditions of the Client are explicitly not applicable. These general terms and conditions also apply to additional, amended and follow-up orders from the Client. The applicability of any purchase or other General Conditions of the Other Party is expressly rejected. If one or more provisions of these general terms and conditions are partially or entirely void or nullified, the remaining provisions of these general terms and conditions shall remain in force, and the void/ nullified provision(s) shall be replaced by a provision with the same purport as the original provision. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should 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 articles 7:404 and 7:407 paragraph 2 of the European Civil Code 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 BV grants explicit and prior consent to the Client. GOGETTERS BV is free to attach further conditions to this. If in these General Conditions reference is made to he/she/it, this shall also be understood to refer to he/she/it, if and to the extent 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 of GOGETTERS BV are without obligation, unless the offer and/or quotation stipulates a deadline for acceptance. If the offer and/or tender stipulates a period for acceptance, the offer and/or tender lapses when this period has expired. GOGETTERS BV 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 assignments. Delivery times and deadlines in GOGETTERS BV's offer are indicative and exceeding them does not entitle the Client to dissolution or damages, unless expressly agreed otherwise. A compound quotation does not oblige GOGETTERS BV to supply 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 the moment the Client has accepted an Offer or Agreement of GOGETTERS BV by returning a signed copy (scanned or original) to GOGETTERS BV, or by giving an explicit and unambiguous consent to the Offer by e-mail. Subsequently the Agreement is concluded the moment GOGETTERS BV confirms it in writing. GOGETTERS BV is not bound by an Offer if the Customer could reasonably have expected or should have understood that the Offer contains an obvious mistake or error. The Customer cannot derive any rights from this mistake or slip of the pen. If the Client cancels an Agreement that has already been confirmed, the costs actually incurred up to that point (including time spent) will be charged to the Client on the basis of the hourly rate applicable at that time. If the Agreement is entered into by several Clients, each Client shall be jointly and severally liable for the performance of all obligations arising from the Agreement.

Article 5 Dissolution

If the Client fails to meet an obligation under the Agreement or fails to do so in full, on time or properly, GOGETTERS BV shall have the right to terminate the Agreement with immediate effect, unless the failure does not justify termination in view of its minor importance. Furthermore, GOGETTERS BV is authorised to dissolve the Agreement with immediate effect if:

- after concluding the Agreement GOGETTERS BV has become aware of circumstances that give good reason to fear that the Client will not fulfil its obligations;
- when concluding the Agreement the Client was requested to provide security for the fulfilment of his obligations under the Agreement and this security is not provided or insufficient;
- due to delay on the part of the Client GOGETTERS BV can no longer be required to fulfill the Agreement under the originally agreed conditions;
- circumstances occur of such a nature that fulfilment of the Agreement is impossible or that GOGETTERS BV cannot reasonably be required to maintain the Agreement unchanged;
- the Client is declared bankrupt, submits a request for suspension of payment, requests application of the debt restructuring for natural persons, faces an attachment on all or part of his property;
- the Client is placed under guardianship;
- the Client dies.

Dissolution takes place by written notification without judicial intervention. If the Agreement is dissolved, GOGETTERS BV's claims against the Client are immediately due and payable. If GOGETTERS BV dissolves the Agreement on the foregoing grounds, GOGETTERS BV 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 BV.

Article 6 Performance of services

GOGETTERS BV shall make every effort to perform the Agreement with the utmost care as may be expected of a good contractor. All Services are performed on the basis of an obligation to perform to the best of one's ability, unless a result has been explicitly agreed in writing, which has been described in detail. In performing the Services, GOGETTERS BV is not obliged or bound 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 BV, the Client is obliged to reimburse additional or additional costs accordingly. GOGETTERS BV is entitled to engage third parties for the performance of the Services at its own discretion. The Agreement under which GOGETTERS BV performs the Services is leading for the scope and extent of the Services. The Agreement will only be performed for the benefit of the Client. If GOGETTERS BV, pursuant to a request or order of a government agency and/or a legal obligation, performs work with respect to data of the Client, the associated costs shall be for the sole benefit of the Client. In case of changes, whether made by Shopify, Prestashop or Woocommerce or not, GOGETTERS BV may continue the performance of the Service with the modified version of the software. At no time is GOGETTERS BV 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 Client and GOGETTERS BV may 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, 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 BV bears the costs of the change. In the case of partial delivery, GOGETTERS BV will adjust the performance of its Services to the Client's comments and observations, to the extent reasonable. GOGETTERS BV will not provide a physical carrier of the software to the Client. GOGETTERS BV makes every effort to perform the Services within the agreed term, to the extent this can reasonably be required of it. In case of urgency, the Client is obliged to reimburse GOGETTERS BV for the additional costs involved. GOGETTERS BV makes every effort to provide the Services as much as possible in accordance with the Offer. GOGETTERS BV does not guarantee that the Webshop and/or Link to be made available as part of the Services will be adapted in time to changes in relevant legislation and regulations, but will endeavour to do so as soon as possible.

Article 7 Obligations of Client

If Client does not have an account with Shopify, Prestashop or Woocommerce, Client explicitly authorizes GOGETTERS BV to create an account with Shopify, Prestashop or Woocommerce in order for GOGETTERS BV to perform its Services on behalf of Client. The Client shall provide GOGETTERS BV with access to the Client's Shopify, Prestashop or Woocommerce account during the performance of GOGETTERS BV's Services, in order for GOGETTERS BV 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 BV as well as relevant attachments and related information and data on time and/or before commencement of the work and in the desired form for a correct and efficient performance of the Agreement. Failure to do so may result in GOGETTERS BV not being able to achieve full execution and/or delivery of the relevant documents. The consequences of such a situation shall at all times be for the account and risk of the Client. GOGETTERS BV is not obliged to check the accuracy and/or completeness of the information provided to it or to update Client regarding the information if it has changed in the course of time, nor is GOGETTERS BV responsible for the accuracy and completeness of the information compiled by GOGETTERS BV for third parties and/or provided to third parties under the Agreement. GOGETTERS BV may, if necessary for the performance of the Agreement, request additional information. Failing this, GOGETTERS BV is 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 case of changed circumstances the Client must notify GOGETTERS BV immediately, or at the latest 5 working days after the change has become known. Customer is obliged to protect all technical protections and other facilities of Shopify, Prestashop or Woocommerce or to use only in accordance with the (user and privacy) conditions of Shopify, Prestashop or Woocommerce and to respect the intellectual property rights resting on the Shopify, Prestashop or Woocommerce and/or GOGETTERS BV. GOGETTERS BV provides the Shopify, Prestashop or Woocommerce terms and conditions referred to in paragraph 6 before the commencement of the Agreement. The Client is aware of the conditions that Shopify, Prestashop or Woocommerce imposes on the use of the account, or any future changes to the aforementioned conditions, as well as the consequences that Shopify, Prestashop or Woocommerce may attach to non-compliance with those conditions.

Article 8 Advice

If GOGETTERS BV draws up an advice and/or plan of action for the benefit of the Client, the content is non-binding and only advisory in nature. Nevertheless GOGETTERS BV will observe its duties of care. Client decides on its own responsibility whether to follow GOGETTERS BV's advice.

Article 9 Webshop and Link Development

Client is obliged to provide all information required for the development of the Webshop and/or Linkage (including data files, software, documentation, advice, reports, analyses and designs) in time, completely, correctly and in the desired form. The parties shall record in writing all features, functionalities, characteristics, colors, etc. of the Webshop and/or Link to be developed. These written agreed arrangements are the starting point for the execution of the work by GOGETTERS BV 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 shall consult and adjust the agreements or the Agreement accordingly. GOGETTERS BV is at all times entitled to require Client's approval before delivering any work developed by it. The nature of the service 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. The Client guarantees the quality and 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. If after the first two rounds the Client requires adjustments and/or changes to the Webshop which were not previously communicated to GOGETTERS BV, 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 BV 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 to the Client in writing or digitally. The Client accepts the Webshop and/or Koppeling in its condition at the moment 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 did not provide all requested information or did not provide all requested information in a timely manner, insufficient cooperation, the advance payment was not received by GOGETTERS BV in a timely manner or due to other circumstances that are for the account and risk of the Client, GOGETTERS BV is entitled to a reasonable extension of the delivery period. Under no circumstances are the stated terms fatal, nor can GOGETTERS BV be held liable for exceeding the agreed term. All damage and additional costs resulting from delay due to a cause referred to in paragraph 3 shall be for the account and risk of the Client and will be charged to the Client by GOGETTERS BV. If expressly agreed, GOGETTERS BV will install the Link on the Client's Webshop.

Article 11 Transfer of Risk

The risk of theft and loss, embezzlement or damage of data, documents, software, data files and/or items used, made or delivered as part of the performance of the Agreement will pass to the Client at the moment that they are actually placed at the Client's disposal, or at the moment that the Link and/or Webshop is used for the first time. If and to the extent that this has caused any damage to the Client, GOGETTERS BV 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 repair

GOGETTERS BV shall perform 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 in writing, but can never extend further than what has been laid down by Shopify, Prestashop or Woocommerce in its terms and conditions (which Client has been made aware of by GOGETTERS BV prior to the Agreement). During this agreed warranty period GOGETTERS BV guarantees a sound and usual quality of the (delivered) goods. The Client may only invoke the warranty given by GOGETTERS BV if the Client has fully met its payment obligations. Any guarantee offered in these conditions regarding the Web Shop and/or Link developed by GOGETTERS BV is only agreed between GOGETTERS BV and the Customer and therefore does not provide the Customer with a claim against third parties, in particular against Shopify, Prestashop or Woocommerce. If the Customer rightly invokes the warranty, GOGETTERS BV is obliged to carry out a free repair or replacement. If, in addition, there is any additional damage, the applicable liability provisions of these General Terms and Conditions shall apply. GOGETTERS BV does not guarantee that the Webshop and/or Link functions without errors and/or interruptions. GOGETTERS BV will endeavour to repair errors in the software within a reasonable time. The repair applies only to the Webshop and/or Linking developed by GOGETTERS BV itself, and the faults have been timely reported by the Client. GOGETTERS BV is entitled to postpone the repair until a new version of the software is put into use. The Client must immediately report an identified defect in writing and in detail to GOGETTERS BV in a way that GOGETTERS BV is able to reproduce and repair the defects. The defect has been reported the moment GOGETTERS BV provides Client with confirmation of the report. Repair also means providing temporary solutions. The warranty never includes the recovery of mutilated or lost data. GOGETTERS BV is not obliged to restore these data. If agreed GOGETTERS BV may cooperate within reason, but is never responsible nor obliged to recover any mutilated and/or lost data. The 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 BV.

Article 13 Hosting services

If the agreed services include storage and/or transmission of material provided by the Client to third parties as part of (web) hosting, the following shall apply. Even if GOGETTERS BV manages the hosting account of the Client, and the Client's access is limited to the management panel of the Webshop or Shopify, Prestashop or Woocommerce account or Link, GOGETTERS BV 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 include: data without permission of the copyright holder, defamatory information, or information that insults, discriminates, threatens, is racist in nature, is hateful, 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 referring to such information on third party websites. In case of (possible) criminal acts, GOGETTERS BV is entitled to report these 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 BV is entitled to dissolve and/or terminate the Agreement with Client in case of abuse as named in the previous paragraph and/or possible criminal offenses by Client. Client shall refrain from inflicting any damage or actions that he/she can reasonably suspect of inflicting damage to other Clients or the servers. If Client sends spam, and has been repeatedly warned about this, and is temporarily suspended, GOGETTERS BV has the right to deny Client access permanently, without compensation of any damages. As a result, Client can only use his email when an external email service is purchased that GOGETTERS BV can link to the domain name or Webshop. Dropping 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 the service, unless explicitly agreed otherwise. GOGETTERS BV may set a maximum to the amount of storage space that the Client may use under the Service. If this maximum is exceeded, GOGETTERS BV is entitled to charge an additional amount. No liability exists for consequences of not being able to send, receive, store or change data if an agreed storage space limit has been reached. In case of extreme data traffic GOGETTERS BV is entitled at its own 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 BV's 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 is for the account and risk of the Customer.

Article 14 Connectivity

Every month the actual usage of the Client will be checked. 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 a next month and/or other equipment, unless otherwise agreed upon. Data traffic means all network traffic generated by Customer, inbound and outbound. Incoming and outgoing traffic is added together for the calculation of data traffic. This also includes e-mail traffic. Client must refrain from sending mailings and/or newsletters through standard e-mail accounts. GOGETTERS BV may impose a maximum on the amount of data traffic per month that the Client may use as part of the Service. If this maximum is exceeded, GOGETTERS BV is authorized to charge an additional amount, in accordance with the amounts for additional data traffic stated on the Website. No liability exists for consequences of not being able to send, receive, store or change data if an agreed data traffic limit has been reached.

Article 15 Domain registration

GOGETTERS BV 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. Client is aware that a domain registration does not imply registration of trademark rights. The domain name registration, including the application, granting, use and holding of a domain name, is always subject to the rules of the registering authority concerned. GOGETTERS BV only has a best-efforts obligation and offers no guarantee about the assignment of a domain name. The Client is responsible for providing a domain name correctly and cannot hold GOGETTERS BV liable for registering a wrong domain name due to a (typing) error by GOGETTERS BV. It is up to Client to check and adjust this if necessary. Client owes GOGETTERS BV 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 annually in advance.

Article 16 Notice and takedown

If and insofar as there is an infringement of (intellectual property) rights of GOGETTERS BV, Shopify, Prestashop or Woocommerce or other third parties and/or unlawful acts by Client, GOGETTERS BV has the right to immediately shut down Client's Webshop or (temporarily) exclude Client from using it or otherwise restrict its use. GOGETTERS BV will remove any infringing/harmful information immediately. As a result, it may occur that the Customer cannot or cannot fully use the Services of GOGETTERS BV. Under no circumstances shall GOGETTERS BV be liable for any damage suffered by the Client, regardless of its nature, as a result of (temporarily) disabling or restricting (the use of) the Webshop and/or deleting or passing on data placed by the Client.

Article 17 Webshop subscription

Client shall subscribe to GOGETTERS BV for an indefinite period of time for use of the Link developed by GOGETTERS BV. A one-time installation fee of €99 will be charged upon conclusion of the subscription. 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. The Client makes its own choice for the specific Subscription. GOGETTERS BV may advise Client in this choice without any obligation based on information provided by Client. GOGETTERS BV 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 for himself and at his own responsibility whether to follow the advice of GOGETTERS BV. If the number of products placed on the Client's Webshop threatens to exceed the size of the current Subscription, Client will be notified of such excess by GOGETTERS BV as stipulated in the order confirmation. The capacity per Subscription is assessed on the basis of variants per product. A product may have several variants. Think of color or size or design. Each variant is counted as a product. Client owes a monthly fee to GOGETTERS BV for the Subscription. The Subscription can be cancelled monthly. 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 BV is at all times entitled to suspend or terminate the use of the Subscription by the Client in case of non-compliance with the payment obligations of the Client. In case of direct debit failures GOGETTERS BV is entitled to charge a penalty over the amount to be collected.

Article 18 Suppliers

Suppliers can register on the platform, upload the products which then become visible in the dropshipapp. Registration is done by form. The agreement is concluded for an indefinite period of time. After registration both the supplier and GOGETTERS BV have a trial period of 2 months during which the agreement can be cancelled immediately and free of charge. Payment for this service is made per sale by means of a 5% fee, unless otherwise agreed. GOGETTERS BV is entitled to change the fee unilaterally. The Supplier may then terminate the agreement within 30 days without charge or continue under the new fee arrangements. Without prejudice to paragraph 5, the agreement can be unilaterally terminated with a notice period of 2 months. GOGETTERS BV retains the right to reject an application. In addition, GOGETTERS BV reserves the right to be able to block a Supplier if they fail to meet the obligation to make the products available and subsequently deliver in accordance with agreements. If the notification and operation of the platform depends on links with external parties, GOGETTERS BV is not responsible for the correct operation of the platform or realization of the notification.

Article 19 GOGETTERS BV intermediary

GOGETTERS BV acts as an online platform where supply and demand of the various Deals are brought together. The Suppliers can post Deals on the GOGETTERS BV website in which the Suppliers offers different Deals. GOGETTERS BV 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 BV's website, an agreement between the Suppliers and the Client is established. GOGETTERS BV is never involved in the realization of this agreement. GOGETTERS BV is never responsible and liable for the realization of the agreement between the Client and the Suppliers. Neither is GOGETTERS BV ever liable for damages suffered by the Client or Suppliers as a result of the agreement. If the Client concludes a Deal with the Suppliers, payment will be made to GOGETTERS BV. GOGETTERS BV transfers the turnover achieved including VAT from the Suppliers to the Suppliers on a monthly basis, with deduction of the commission. The Supplier sends in the Deal to GOGETTERS BV. GOGETTERS BV approves the data inserted by the Supplier and then places the Deal on the website. GOGETTERS BV 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 BV has the right to refuse, block and/or remove a Deal from the Website without giving reasons. Third parties may request GOGETTERS BV to remove a deal from the Website. GOGETTERS BV refuses, blocks, and/or removes a Deal in any case, if:

- the Deal violates the law;
- the Deal does not contain the regular and correct quotation;
- the Deal has a pornographic, erotic character or refers to a location with pornographic content;
- the Deal has a violent character or refers to a location with a violent content;
- the Deal discriminates 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 commends illegal activities;
- the Deal does not match the website in terms of ethics, formatting, style or design;
- violates these Terms and Conditions.

The Supplier accepts the possibility that a Deal may be refused, blocked, removed.

GOGETTERS BV charges a fee for a Deal. The amount is a further agreed amount per deal which GOGETTERS BV charges the Supplier by means of invoicing 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 a Fee and/or rate has not been explicitly agreed, the Fee shall be determined on the basis of hours actually worked and GOGETTERS BV's usual hourly rates. payment shall be made by transfer to a bank account designated by GOGETTERS BV, digital payment methods or by direct debit based on authorization at the time of purchase or delivery, unless otherwise agreed. Payment may be made in advance or in arrears. Client shall pay an advance of 50% of the agreed amount for a Webshop to be developed by GOGETTERS BV. After completion, Client shall 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 indicated by GOGETTERS BV and in the currency invoiced, unless otherwise agreed. The Client is not entitled to deduct from the amount due any amount due to a counterclaim made by him. GOGETTERS BV is entitled to invoice the Client for work performed in the preceding period. Invoicing takes place on a monthly basis. GOGETTERS BV and the Client may agree to payment in instalments in proportion to the progress of the work. If payment in instalments has been agreed, the Client must pay according to the instalments and percentages set out 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 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 payment or guardianship, GOGETTERS BV's claims and the Client's obligations to GOGETTERS BV are immediately due and payable.

Article 21 Collection policy

If the Client is in breach or default in the (timely) fulfillment of his (payment) obligations, all reasonable costs for obtaining extra-judicial satisfaction shall be borne by the Client. In any case, the Client shall owe collection costs. Regarding the extrajudicial (collection) costs, contrary to Article 6:96(5) of the European Civil Code and the Decree on Compensation for Extrajudicial Collection Costs, GOGETTERS BV is entitled to compensation of 10% of the total outstanding principal amount with a minimum of € 90 for each invoice not paid in full or in part, unless the statutory interest rate is higher at that time. Any reasonable legal costs and execution costs incurred shall also be borne by the Client.

Article 22 Privacy, data processing and security

GOGETTERS BV will treat the (personal) data of Client and Customers of the Webshop with care and will only use them in accordance with the privacy statement. If requested GOGETTERS BV will inform the person concerned. Client is responsible for the processing of data processed using a Service of GOGETTERS BV. 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 shall indemnify GOGETTERS BV against any (legal) claim related to these data or the performance of the Agreement. If the Agreement requires GOGETTERS BV to provide security of information, 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 shall act in accordance with the General Data Protection Regulation and comply with the obligations arising therefrom as well as other applicable laws and regulations. The 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 those involved. Client itself is solely and fully responsible for the proper fulfillment of these obligations. GOGETTERS BV is in respect of this personal data "Processor" within the meaning of the AVG. GOGETTERS BV will provide support as much as technically possible.

Article 23 Suspension

If the Client fails to meet an obligation under the Agreement, in full or in a timely manner, GOGETTERS BV has the right to suspend fulfillment of the corresponding obligation. In case of partial or inadequate fulfillment, suspension is permitted only to the extent justified by the failure. Furthermore, GOGETTERS BV is authorised to suspend fulfilment of obligations if:

- after concluding the Agreement GOGETTERS BV has become aware of circumstances that give good reason to fear that the Client will not fulfil its obligations;
- when concluding the Agreement the Client was requested to provide security for the fulfilment of his obligations under the Agreement and this security is not provided or insufficient;
- circumstances arise of such a nature that fulfilment of the Agreement is impossible or that GOGETTERS BV cannot reasonably be required to maintain the Agreement unchanged.

GOGETTERS BV reserves the right to claim damages. GOGETTERS BV has the right to retain data, data files, software and more received or realised by it if the Client has not yet (fully) met 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 BV or the Client, as the shortcoming is not due to his fault, nor by 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 includes, in addition to what is understood in the law and jurisprudence in that area, all external causes, foreseen or unforeseen, which GOGETTERS BV can not influence and through which GOGETTERS BV is unable to meet the obligations. Circumstances giving rise to force majeure include, but are not limited to: (i) force majeure of GOGETTERS BV's suppliers, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended to GOGETTERS BV by the Customer, (iii) defectiveness of third-party items, equipment, software or materials, (iv) government measures, (v) electricity failure, (vi) failure of Internet, data network and telecommunication facilities (e.g. due to: cybercrime, hacking and DDoS attacks), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems and (x) other situations that in the opinion of GOGETTERS BV are beyond its control that temporarily or permanently prevent fulfillment of its obligations. If a force majeure situation lasts longer than two months, the Agreement may be terminated in writing by either Party. If under the Agreement some performance has already been carried out, in such a case settlement will be made proportionately without any indebtedness of each party to the other. If GOGETTERS BV has already partially fulfilled its obligations at the onset of Force Majeure, or can only partially fulfil its obligations, it is entitled to invoice the part already delivered or the deliverable part separately 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 Order is at the full risk and responsibility of the Client. GOGETTERS BV is only liable for direct damage caused by deliberate recklessness or intent of GOGETTERS BV. GOGETTERS BV is never liable for indirect damages, in any case including consequential damages, lost profits, missed savings, business stagnation or immaterial damages of the Client. GOGETTERS BV is not liable for damage of any kind, due to GOGETTERS BV having relied on incorrect and/or incomplete data provided by the Customer, unless GOGETTERS BV should have been aware of this incorrectness or incompleteness. GOGETTERS BV is not responsible for errors and/or irregularities in the functionality of the Webshop and/or Link and is not liable for 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 BV for (the functioning of) third-party plug-ins is excluded. GOGETTERS BV is furthermore not liable for damage caused as a result of, or in connection with, changes made or work done on or to GOGETTERS BV's Website without GOGETTERS BV's explicit consent. Client is responsible for proper security of his own computer, security of passwords and more. In no case is GOGETTERS BV liable. The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of GOGETTERS BV or its managing subordinates. If GOGETTERS BV should be liable for any damage, GOGETTERS BV's liability shall be limited to a maximum of twice the amount stated in the invoice or to the amount to which GOGETTERS BV's insurance covers, increased by GOGETTERS BV's deductible in accordance with the insurance. The Client shall report damage for which GOGETTERS BV may be held liable to GOGETTERS BV as soon as possible, but in any case within 10 days of the damage occurring, on pain of forfeiture of any right to compensation for this damage. Any liability claim against GOGETTERS BV shall expire within one year after the Client has become aware of the damaging fact or could reasonably have become aware of it.

Article 26 Confidentiality

GOGETTERS BV and Client undertake during the term and after termination of the Agreement to maintain confidentiality of all (confidential) information obtained under an Agreement. Confidentiality arises 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 must remain strictly confidential, unless the other Party has given prior express written consent to do so. The Client is obliged to keep all website and other materials provided by GOGETTERS BV confidential, not to disclose them to third parties or give them use, unless GOGETTERS BV has given its express consent to do so. If GOGETTERS BV is required under a statutory provision or a court order to (co)provide confidential information to a third party designated by law or by a competent court, and GOGETTERS BV cannot invoke a right to privilege, GOGETTERS BV is not liable to pay any compensation and the Customer is not entitled to terminate the Agreement. The confidentiality obligation shall also impose on GOGETTERS BV and the Client 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 used by both GOGETTERS BV and the Client, rest exclusively with Shopify, Prestashop or Woocommerce and are not transferred to the Client. The IP rights of the (visual) designs of the Webshop, advice and more are vested in GOGETTERS BV and will be transferred to Client at the moment Client has fulfilled its payment obligations arising from the development of the Webshop. Client 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 BV and/or Shopify, Prestashop or Woocommerce without the express prior written consent of GOGETTERS BV and/or Shopify, Prestashop or Woocommerce and an agreed monetary compensation for that purpose. If the Customer wishes to make changes to items delivered by GOGETTERS BV, GOGETTERS BV must explicitly approve the intended changes. The Client is prohibited from using the products subject to GOGETTERS BV's intellectual property rights other than as agreed in the Agreement. Client only obtains a non-exclusive non-transferable right to use the Webshop and/or Link, unless expressly 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 right of intellectual property from the Webshop, documentation and/or other materials. Parties shall inform each other and take joint action against any infringement of the IP rights of GOGETTERS BV and Shopify, Prestashop or Woocommerce. Client shall indemnify GOGETTERS BV for third party claims regarding infringements (if any) and/or third party claims regarding anything made available to Client under the Agreement. Client shall inform GOGETTERS BV immediately of such infringements and/or claims. Any infringement by the Client on the IP rights (and copyrights) of GOGETTERS BV, will be punished with a one-time fine in the amount of € 10,000 (in words: ten thousand euros) and a fine of € 500 (in words: five hundred euros) for each day that the infringement continues. In case of default GOGETTERS BV has the right 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 BV for any claims of third parties, who suffer damage in connection with the performance of the Agreement and which is attributable to the Client. The Client shall promptly provide GOGETTERS BV with all information 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 BV has the right to suspend performance of the Agreement. Additional costs incurred due to the delay shall be borne by the Client. The Client shall indemnify GOGETTERS BV against third-party claims relating to intellectual property rights on data and information provided by the Client, which may be used in the performance of the Agreement, as well as relating to the contents of advice and reports prepared by GOGETTERS BV. If Client provides electronic files, Website or information carriers to GOGETTERS BV, Client guarantees that they are free of viruses and defects. Client indemnifies GOGETTERS BV 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 can subscribe to the newsletter. The newsletter will keep the Client informed of the latest news and developments. The Client will receive the newsletter by mail and by email. The Client can unsubscribe from the newsletter at any time in writing or via the hyperlink. The Client will then no longer receive any messages.

Article 30 Complaints

If Client is not satisfied with the service or products of GOGETTERS BV 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 via [email protected]. The complaint must be sufficiently substantiated and/or explained by the Client for GOGETTERS BV to be able to handle the complaint. GOGETTERS BV will respond substantively to the complaint as soon as possible, but at the latest within 14 days after receipt of the complaint. Parties will try to reach a solution together.

Article 31 Amendments to general terms and conditions

GOGETTERS BV is entitled to unilaterally amend 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.eu/). The amendments to the general terms and conditions will take effect thirty days after the Client has been informed of the amendments. If the Client does not agree with the announced changes, the Client has the right to dissolve the agreement.

Article 32 Applicable law

The legal relationship between GOGETTERS BV and the Client is governed by European law. This also applies if an obligation is wholly or partly carried out abroad or if the Other Party is

is domiciled abroad. In case of translations of these general conditions, the European version is the original and leading.