Terms & License Agreement 2023

DOES COMPANY

TERMS & LICENSE AGREEMENT

TERMS & CONDITIONS

a. These terms and conditions are relevant to every order that is placed and every agreement that is reached through digitaldoes.com.

b. By placing on order on digitaldoes.com you agree with the terms and conditions of digitaldoes.com.

c. Unless explicitly agreed upon by all parties involved and confirmed in writing by digitaldoes.com, deviations from these terms and conditions are not applicable to any orders or agreements reached through digitaldoes.com.

a. The products shown on digitaldoes.com are part of a non-binding online catalogue; they are not a legal binding product offering.

b. When you place an order on digitaldoes.com you will be asked to confirm your order when you reach the final step of the ordering process. After confirming your order, you have placed a binding order for the chosen products.

c. After placing your order, digitaldoes.com will send you a confirmation email to confirm that your order has been successfully received. The email will be sent to the email address you provide us with during the ordering process.

d. The order confirmation does not yet constitute a contract of sale. The order confirmation is only intended to inform you of the fact that digitaldoes.com has received your order.

e. A binding contract of sale comes into place after payment is received and digitaldoes.com confirms shipment of the product.

f. If payment is not successful, the order will automatically be cancelled and a contract of sale will not come into place.

a. We accept orders from any country in the world and we ship worldwide. The only exception is the Dieci DOES spray can: due to strict transport regulations we are unable to ship Dieci DOES spray cans outside of Europe.

b. International orders outside Europe may be subject to custom charges and import taxes. If you live in a country outside Europe and customs charges or import taxes are imposed on your order, you will have to pay for these charges upon delivery of your order. As we have no control over custom charges or import taxes, please understand that digitaldoes.com cannot be held responsible for any additional custom charges or import taxes imposed on your order.

a. If a product is out of stock digitaldoes.com will automatically inform you hereof.

b. In the event you place an order for a product that is out of stock and you were not informed hereof in time, e.g. due to technical defaults, digitaldoes.com has the right to cancel your order. If you have already paid for the product, digitaldoes.com will reimburse you for the exact amount you paid.

a. You will be charged the prices as shown on digitaldoes.com at the time you place your order.

b. Prices shown exclude shipping costs.

c. The exact shipping costs are automatically calculated when you place your order and will depend on your shipping address, the weight and the size of your order.

d. Digitaldoes.com has the right to cancel the promised products in the event that the prices were incorrectly shown due to technical defaults.

a. You can pay for your order using any of the following payment methods: PayPal, Visa, Mastercard, Maestro, American Express, Apple Pay, Google Pay, Bancontact, iDEAL

b. All payments through digitaldoes.com are handled by payment portal Shopify.

c. When you have finished shopping and choose to proceed to check out, you will be asked to complete your payment. Once you select your preferred payment method, you will be redirected to the safe and secure payment portal Shopify and after completing payment you will again be redirected to digitaldoes.com.

a. Your order will be shipped after your payment is received.

b. When payment for your order is received, we will process and ship your order within 1 to 5 business days. Products will be shipped to the address you provided us with when you placed your order.

c. As soon as your order is shipped you will receive a confirmation email including track and trace details.

d. Shipping within Europe generally takes 2 to 7 business days from the day of shipment, depending on your location.

Shipping outside of Europe generally takes 3 to 15 business days from the day of shipment.

e. These delivery times are an indication, not a guarantee. Longer delivery times than the delivery times indicated here, will not entitle you to compensation, to cancel your order or to revoke your contract of sale.

f. Shipping costs are automatically calculated when you place your order and will depend on your shipping address, the weight and the size of your order.

We offer free standard shipping from €150,- for all EU orders.

g. Although it is unlikely, customs officials are authorized to open packages for inspection. As this is out of our hands, please understand that we cannot accept responsibility for any orders delayed by foreign customs. Additionally, custom duties, which are not included in our product or shipping charges, may or may not be imposed by customs officials in your country. Our customers tell us that fees are consistently not collected on small parcels. Contact customs officials in your country for more information on how your order will be handled by them.

h. We ship our products with DPD, UPS and PostNL. International packages are usually handled by UPS or PostNL combined with a second national shipping company once the package has gone through customs. The number of delivery attempts vary based on the country of delivery and based on the shipping company that handles shipment. In general, packages addressed to private clients are offered twice before the package is brought to a pickup location; packages addressed to business clients are generally only offered once. In the event that your package is brought to a pickup location you will be informed hereof by the shipping company that is in charge of the delivery. Should you fail to collect your package at the designated pick up address and the package is returned to us, we will naturally reship the package to you provided that you pay for shipping costs.

i. For all packages it is required that you sign for delivery. Therefore it is important that someone is present at the address at the time of delivery.

j. You should never accept a package that shows signs of damage. In the unlikely event that the shipping company wants to deliver a damaged package to you, decline the package and send an email to shop@digitaldoes.com to inform us of the situation within 1 business day of accepting the package. In the unlikely event that you accepted a package that did not seem damaged on the outside and the product inside is damaged, do not handle the package any further and send an email to shop@digitaldoes.com with images of the damaged product and the original packaging within 1 business days of accepting the package. We will then contact the shipping company to notify them of the situation.

k. If you entered the wrong address during your order process and we are forced to reship your package, please understand that there will be an additional shipping charge equal to your original order.

a. You may return any unused product purchased from us for any reason.

b. To qualify for a refund the product has to be sent back in good condition and the value of the product should not be affected. We do not refund return products that have been used or damaged. We therefore advice you to carefully wrap a return product to prevent it from being damaged during return transit.

c. To qualify for a refund you should return the product to us within 14 business days after your order was delivered. Upon returning a product we advise you to always choose a shipping service with a tracking option.

d. Shipping and handling fees for return shipments are non refundable. When you decide to return a product, you will bear the cost of return shipment unless the product was damaged upon delivery. Please note that you should never accept a package that shows signs of damage.

e. To receive a refund you must obtain a Refund Authorization (RA). You can obtain a RA by sending an email to shop@digitaldoes.com stating your order information and explaining why you wish to return the product. If you return your product without a RA you risk not receiving a refund. You should therefore only send back the product after you have received our confirmation email.

f. We will reimburse you once the complete, unused and undamaged product has been received by us. An email confirmation and a refund will be issued within 30 days after receiving your return product. You will receive your refund via the same payment method used to make your purchase.

g. In the event you return only parts of the product or in the event you return the product in a bad condition, you will be entitled to receive, at your own expense, the (parts of the) product you sent back to us. If you do not wish to receive the (parts of the) product you sent back to us, we are entitled to keep the (parts of the) product and withhold the payment already received.

h. Products that are returned should be sent to the following address:

DOES

Kloosterweg 1

6412 CN Heerlen

The Netherlands

a. To ensure that your order is complete and without defects, you should examine your order upon delivery. In the unlikely event that your order is incomplete or damaged, do not handle the package any further and send an email to shop@digitaldoes.com with images of the damaged product and the original packaging within 1 business days of accepting the package. We will then contact the shipping company to notify them of the situation. If you do not notify us of incomplete or damaged orders within 1 business day after delivery, you risk losing the right to a refund or a replacement.

b. In case of a damaged product or if we ship the wrong colour or size of the product you ordered, you are entitled to the delivery of a new product that is free of damages. In the event that the product ordered is no longer available, you are entitled to choose a different product that has the same value as the ordered product or to cancel the order. The damaged product should be sent back to the return address as mentioned above (terms and conditions no 8). Once we have received the damaged product, digitaldoes.com will send you a new product that is free of damages or reimburse you for the sums already paid if the product you ordered is no longer available and you do not wish to choose a different product. Provided that you are able to send us a copy of the receipt, we will pay for the shipping costs that you incur when returning the damaged product in the form of a refund. A refund to your account will be issued within 30 days after the date on which we received the product.

c. In the event the product you return to us does not show any defaults or coincides with the size or colour you ordered, you will be entitled to receive, at your own expense, the product you sent back to us. If you do not wish to receive the product you sent back to us, digitaldoes.com is entitled to keep the product and withhold the sums already received. In this event digitaldoes.com will not reimburse you for the shipping costs of the return shipment.

d. Digitaldoes.com will not compensate any damage occurring to products due to improper handling.

a. Digitaldoes.com is never obliged to pay compensation for damages except if and insofar as the damage suffered was inflicted intentionally or by the gross negligence of digitaldoes.com or its employees. Digitaldoes.com’s liability for loss of profits, consequential or indirect damages is, however, at all times excluded.

b. In all cases in which digitaldoes.com is obliged to pay compensation for damages, this will never be higher than either the invoice value of the product to which or in connection with which the damage was caused, or, if the damage is covered by an insurance policy of digitaldoes.com, the amount that is actually paid out by the insurer.

c. Any claim towards digitaldoes.com, except those recognised by digitaldoes.com, lapses after a period of 3 months from the time the claim arose.

d. Digitaldoes.com contains links to third party websites and services that are not operated by digitaldoes.com. Digitaldoes.com cannot, under any circumstances, be held responsible for the content and quality of these websites and services.

a. Digitaldoes.com is entitled to invoke force majeure if the implementation of the contract of sale is, in whole or in part, temporarily or not, prevented or impeded by circumstances reasonably out of our control. These circumstances will include, but are not limited to, site or building blockades, strikes, specific work interruptions or work-to-rule slowdowns and lockout, delay in the provision to digitaldoes.com of parts, goods or services ordered from third parties, accidents and interruptions of business operations.

b. In the case of force majeure, digitaldoes.com will notify you hereof as soon as possible by email.

c. In the case of force majeure, the obligations of digitaldoes.com are suspended. If the force majeure lasts longer than three months, digitaldoes.com and you as a customer are both authorised to revoke the contract of sale by a written declaration.

a. Exclusively Dutch law governs agreements reached and orders placed through digitaldoes.com.

b. In the unfortunate and unlikely event of a dispute between a customer and digitaldoes.com, digitaldoes.com will inform the customer of the option of Online Dispute Resolution via www.ec.europa.eu/odr/ official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court.

c. All disputes arising between customers and digitaldoes.com that are not resolved through Online Dispute Resolution (www.ec.europa.eu/odr/) will be dealt with by a Dutch judge in a Dutch court of law, specifically a court of law in the Dutch province Limburg, regardless of the customer’s residential address.

d. The application of the UN-Agreement on Contracts for the International Sale of Goods (CISG) of 11 April 1980 is excluded.

a. Digitaldoes.com owns the rights to or has the rights to use all photos and texts displayed on digitaldoes.com.

b. Digitaldoes.com is and remains the sole and exclusive owner of all trade names, brand names, domain names, copyrights, database rights, registered and unregistered designs and other property trademarks of digitaldoes.com.

c. Customers will in no event be granted the property rights of digitaldoes.com.

d. Customers are not allowed to register or use the property rights of digitaldoes.com in any way.

e. All preparation materials, visual and sketches, including the electronic files used to create a product or project remain the property of DOES.

Despite the constant care and attention we devote to the composition and quality of the content on digitaldoes.com, it is possible that the information provided on digitaldoes.com is incomplete or incorrect. We cannot guarantee that the information on our website is suitable for the purpose of which the information is consulted. As such we exclude all liability for any direct or indirect damages arising from or in any way related to the use of information on digitaldoes.com.

The information on our website is updated regularly and any changes can always be applied with immediate effect. For changes, questions or remarks, please write to laboratory@digitaldoes.com.

a. Digitaldoes.com takes great care in handling your personal information. We will use your personal information only for purposes relating to your order, e.g. to notify you of the status of your order. Personal information is carefully processed and protected and we comply with rules and regulations formulated and governed by the Dutch Data Protection Authority.

b. Digitaldoes.com collects and stores customer data for the process of ordering and delivering. The information you provide when placing an order on digitaldoes.com will be used only for processing your order and for sending relevant information related to your order. Usernames and email addresses are stored and used for registration, saving favourite products and sending out emails related to order handling.

c. Digitaldoes.com uses cookies only to remember passwords and usernames.

d. Digitaldoes.com does not provide any personal data to third parties. Digitaldoes.com always takes utmost care to prevent misuse of information by third parties. However, digitaldoes.com is not liable for the misuse of information by third parties or failure to comply with privacy regulations by third parties.

e. Digitaldoes.com is committed to safe and reliable storage of data and is responsible for technical and organizational security measures (including encryption and passwords) to protect (personal) data against any form of unauthorized access and processing, but cannot give out any guarantees.

f. For changes in personal information or to sign up or sign out for services of digitaldoes.com, you can log into your personal page. In “My Account” you can change your name, surname, e-mail address, username, password and sign out or sign in for any or all services.

g. To completely remove your data from digitaldoes.com, you can send an email to shop@digitaldoes.com.

h. Digitaldoes.com is not responsible for data protection of websites digitaldoes.com refers to. It is recommended to consult the privacy policy of these websites.

a. Digitaldoes.com has the right to change these terms and conditions and the content of the shop at any given time.

b. If digitaldoes.com decides to change or update these terms and conditions, the changes will be included in this document and the new terms and conditions will be effective as of the date of publication on digitaldoes.com.

c. This document was last modified on the 17th of August 2023.

LICENSE AGREEMENT

(DOWNLOADS)

Licensor: Digital Does (www.digitaldoes.nl)
License: The right of Licensee to download and use the Artwork File under the terms specified below and the General License Terms.
Artwork File: The digital file containing the artwork.
Term: Indefinite.
Territory: World.

Licensee will have the right to download the Artwork File as it is made available for that purpose on the download page on Licensor’s official website.

Licensee may only use the Artwork File for his/her own private, non-commercial purpose. Any unauthorized use, selling, renting, lending or other ways of making the Artwork File available to third parties is strictly forbidden and will automatically result in immediate termination of the License.

The Artwork File is made available “as is” without any guarantee and no warranty for any particular fitness for use. Licensor accepts no liability for any fault or defect in the Artwork File, including the absence of any virus or malware. The size of the Artwork File will be solely determined by Licensor and Licensee will not change the Artwork File in any way.

GENERAL LICENSE TERMS

(DOWNLOADS)

1. The License will be non-exclusive and non-transferable and does not give Licensee the right to grant any sublicense. Any permission by Licensor to grant a sublicense can only be given in writing and in advance and will be limited to the terms specified in the permission.

2. The License only includes the right to use the Artwork as specified in the License Agreement. All other use and rights are strictly reserved by Licensor and Licensor may grant licenses to third parties in and outside the Territory for similar purposes without any restrictions.

3. All worldwide intellectual property rights (including but not limited to copyrights, design rights and trademark rights) in and to the Artwork are and remain exclusively owned by Licensor and Licensee will not own any intellectual property rights with regard to the Artwork. Licensee will not register any intellectual property rights in its own name, including but not limited to trademarks and designs. Licensee will not remove or make illegible any reference to Licensor as the creator and/or rights owner of the Artwork. Licensee will include in the product that includes the Artwork, and in the packaging of the product and in any other documentation, a credit line for Licensor as follows: “Artwork created by Digital Does. © [year] Digital Does. All rights reserved”.

4. Licensee will not change, amend or adapt the Artwork in any way, including but not limited to any changes in color or size, except if and to the extent necessary to use the Artwork in accordance with the terms of the License Agreement. Any and all intellectual property rights that may come to exist as a result of any change, amendment or adaptation by Licensee (or a third party hired by it) will be owned by Licensor and Licensee hereby unconditionally assigns, by way of future assignment, all intellectual property rights to such change, amendment or adaptation to Licensor, free of charge and without any restriction. If such future assignment would not yet be possible at the time of signing this License Agreement, Licensee hereby agrees to assign these rights at Licensor’s first request.

5. Licensor will not be liable towards Licensee or any third party for any damages, costs or expenses. Licensor will not be responsible for any third party claims that have not been forwarded to Licensor within one months after they have been sent to Licensee.

6. Licensee warrants that its use of the Artwork and of any product that includes the Artwork will be in accordance with all applicable laws and regulations in the applicable jurisdictions. Licensee will indemnify Licensor and hold Licensor free and harmless from all claims, damages and costs and expenses as a result from any claims by third parties based on any alleged infringement of rights or on any other ground, including all legal costs and expenses incurred by Licensor as a result of such alleged claims.

7. The License will commence on the date of the download and will continue until its expiry, unless Licensor has terminated the License in accordance with the terms hereof. Licensor may terminate the License, by giving e-mail notice to Licensee on the address specified herein, in the event that (i) Licensee, in Licensor’s reasonable opinion, fails to comply with any of the terms of the License Agreement or (ii) if the use in Licensor’s reasonable opinion is detrimental to Licensor or to the Artwork. Upon expiry or termination of the License Licensee will immediately cease any use of the Artwork and delete it.

8. Dutch law will exclusively apply to the License and to the License Agreement. Any dispute between Licensor and Licensee will exclusively be submitted to the competent Court in the Netherlands.