Terms and Conditions

Doorcy Terms and Conditions – BUSINESS CUSTOMERS

1. Introduction

Below you will find our Terms and Conditions. These apply whenever you use or place an order via our Website and contain important information for you as a buyer. Please read the Terms and Conditions carefully. We also recommend that you save or print these Terms and Conditions so that you can refer to them at a later date.

2. Definitions

3. Applicability of General Terms and Conditions

1. These General Terms and Conditions apply to all offers, legal relationships, and Agreements whereby Doorcy sells and delivers Products to the Customer.
2. Deviations from these General Terms and Conditions are only valid if they have been expressly agreed in writing in advance.
3. The applicability of any purchasing or other terms and conditions of the Customer is expressly rejected.
   
   

4. Conclusion of Agreement

1. All offers and other communications from Doorcy are without obligation, unless expressly stated otherwise in writing. Doorcy is never obliged to accept and/or execute an Order from the Customer.
2. All quotations are valid for one month, unless otherwise stated in a quotation or advertisement.
3. An Agreement between Doorcy and the Customer is concluded at the moment Doorcy accepts the Customer's Order. 
4. If it appears that incorrect information was provided when the Customer accepted the Agreement, Doorcy has the right to only fulfill its obligation after the correct information has been received.
   
   

5. Prices and information

1. The prices and discounts applied by Doorcy are those stated on the Website, unless Doorcy and the Customer have agreed otherwise in writing.
2. All prices listed on the Website and in other information material originating from Doorcy are exclusive of VAT and, unless otherwise stated on the Website, exclusive of other government-imposed levies. The prices apply to delivery excluding labor costs.
3. Doorcy has the right to increase the agreed prices for delivery or licensing on the basis of increases in purchase prices, labor rates, and/or product rates and/or surcharges on government-imposed levies.
4. If the Customer does not wish to agree to the increase in prices and/or rates communicated by Doorcy on the basis of the previous paragraph and this increase exceeds 5%, the Customer is entitled to terminate the Agreement in writing within 8 days of Doorcy's notification of the price change or to cancel the Order. Agreement in writing or to cancel the Order by the date specified in the notification.
5. If shipping costs are charged, these will be borne by the Customer and will be stated clearly, in a timely manner, and before the Agreement is concluded. In addition, these costs will be shown separately in the ordering process.
6. The content of the Website has been compiled with the utmost care. However, Doorcy cannot guarantee that all information on the Website is accurate and complete at all times. All prices and other information on the Website and in other information material originating from Doorcy are therefore subject to obvious programming and typing errors.
7. Doorcy cannot be held responsible for (color) deviations resulting from monitor quality.
   
   

6. Delivery and delivery times 

1. The place of delivery is the address that the Customer has provided to Doorcy.
2. Doorcy is entitled to deliver the Products in partial deliveries.
3. All (delivery) times stated and/or agreed by Doorcy have been determined to the best of its knowledge, but are never binding. The mere exceeding of a stated or agreed (delivery) time does not constitute a default on the part of Doorcy. If any time is exceeded, Doorcy will deliver the Products to the Customer as soon as possible.
4. The risk of loss or damage to Products that are the subject of the Agreement shall pass to the Customer at the moment they are delivered to the Customer at the agreed delivery address.
5. The Products will be delivered directly to the agreed delivery address, unless otherwise agreed. If the Customer refuses to accept the Products there, the costs incurred as a result will be borne by the Customer and the risk will nevertheless pass to the Customer at that moment.
   
   

7. Complaints & (non) conformity

1. Doorcy guarantees that the Products comply with the Agreement, the specifications stated in the offer, and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement.
2. The customer can claim the manufacturer's warranty offered by the manufacturer of the Products.
3. The customer is obliged to check the Products within 5 working days of delivery Products within 5 working days of delivery to check that the delivered Products do not show any external defects and correspond to the description on the packing slip. If the Customer has not reported any discrepancy between the delivered products and the description on the packing slip and/or external defects within 10 working days, the description on the packing slip and the delivered Products shall be deemed to correspond in terms of nature and number, and the delivered Products shall be deemed to have been unconditionally accepted by the Customer. 
4. If the Customer believes that the Products do not possess the characteristics that the Customer could reasonably expect on the basis of the Agreement, the Customer must notify Doorcy in writing immediately after discovering or reasonably being able to discover any discrepancy.
5. If the Customer reports (in a timely manner) any discrepancy between the delivered products and what the Customer could reasonably expect on the basis of the Agreement, Doorcy will confirm this report to the Customer in writing. Doorcy will consult with the Customer as soon as possible and conduct the necessary investigation, whereby the Customer must give Doorcy the opportunity to determine (or have determined) the discrepancy after Doorcy has been notified.
6. Complaints do not entitle the Customer to suspend his payment obligation(s).
7. If Doorcy considers a complaint to be justified, Doorcy will, at its discretion, either pay compensation up to the invoice value of the Products concerned or replace the Products concerned free of charge.
8. If the Customer has processed, treated, or resold the Products in whole or in part and/or after the expiry of the period of 1 month after delivery of the Products, the right to complain and/or claim compensation shall lapse.
   

8. Returns

1. Without prior written consent from Doorcy, Doorcy is not obliged to accept returns from the Customer.
2. Return shipments are at the expense and risk of the Customer. Acceptance of return shipments does not in any way imply recognition by Doorcy of the reason for return stated by the Customer for the return shipment. 
3. The direct costs for returning the Product shall be borne by the Customer.
   
   

9. Payment 

1. The Customer must pay all invoices within 14 days of the invoice date, unless otherwise agreed. Doorcy is entitled to send the Customer an invoice for each partial delivery.
2. All costs related to the payment, including the provision of security, if applicable, shall be borne by the Customer.
3. If the Customer remains in default of payment, Doorcy may refer the claim to a third party for collection, in which case the Customer will also be liable for extrajudicial and judicial costs, including all costs calculated by external experts in addition to the costs determined by the court, relating to the collection of this claim or the exercise of legal rights otherwise. The extrajudicial collection costs incurred by Doorcy in the event of late payment by the buyer amount to 15% of the amount due on the first €2,500.00 of the claim, 10% on the next €2,500.00 of the claim, 5% on the next €5,000.00 of the claim, 1% on the next €190,000.00 of the claim, and 0.5% on the remainder of the claim, with a maximum of €6,775.00. The extrajudicial collection costs will never be less than €40.00.
4. The customer is never entitled to set off (alleged) claims against Doorcy against debts owed to Doorcy.
5. If the Customer disputes the amount of the invoice, they must notify Doorcy of their objections in writing within 5 working days of the invoice date, on pain of forfeiting their right to complain. 
6. Transactions made with a credit card are charged immediately.
   
   

10. Retention of title. 

1. All Products delivered to the Customer remain the property of Doorcy until all amounts owed by the Customer for the delivered products, as well as the amounts referred to in Article 5, have been paid in full to Doorcy. Doorcy also reserves ownership of the Products delivered and to be delivered to the Customer for any future claims against the Customer arising from the sale and delivery of Products.
2. If the Customer acts as a reseller, the Customer may resell and deliver the Products subject to Doorcy's retention of title, but only to the extent that this is customary in the normal course of its business. 
3. Upon Doorcy's first request, the Customer shall provide sufficient security for the full fulfillment of all its (payment) obligations towards Doorcy.
4. The customer must immediately notify Doorcy if:
1. third parties make claims or attempts to gain possession of or seize Products subject to Doorcy's retention of title or otherwise assert rights to these Products;
2. (provisional) suspension of payments or a debt settlement by Customer is requested or granted, or any (payment) arrangement is made with the Customer's creditors, or 
3. the Customer's bankruptcy is petitioned or the Customer is declared bankrupt declared bankrupt.

1. The Customer grants Doorcy permission to enter the space(s) where the Products are located at any time (including outside the Customer's normal working hours) in order to obtain possession of the Products and take them away, invoking its retention of title.
2. The customer must, at their own expense, adequately insure the Products subject to Doorcy's retention of title against normal business risks.
3. As long as Doorcy retains title to the Products, the Customer may not pledge the Products to third parties as additional security or encumber them in any other way.
   
   

11. Method of trading

1. The Customer is obliged to trade the Products exclusively in their original packaging from Doorcy packaging in an unaltered and undamaged condition. However, the Customer is permitted to sell products that have been delivered in bulk packaging individually, provided that the individual Products are original packaging supplied by Doorcy in an unaltered and undamaged condition.
   
   

12. Liability

1. Doorcy's total liability for attributable failure to perform the Agreement is limited to compensation for direct damage up to a maximum of the price (excluding VAT) of the Product in question.
2. Doorcy's liability for indirect damage, consequential damage, lost profit, damage resulting from third-party claims against the Customer, damage due to exceeding a deadline, or property damage consisting of destruction, damage, or loss of property used by the Customer in the normal course of their profession or business is excluded.
3. Doorcy shall only be liable for attributable failure to perform an Agreement if the Customer gives Doorcy proper written notice of default within 14 days of becoming aware of the failure, setting a reasonable period for Doorcy to remedy the failure, and Doorcy continues to fail imputably in the performance of its obligations even after that period. The notice of default must contain as detailed a description as possible of the failure.
4. A condition for the existence of any right to compensation is that the Customer reports the damage to Doorcy in writing within 14 days of its occurrence.
5. The Customer indemnifies Doorcy against all claims from third parties (including end users of the Products supplied by Doorcy) in respect of damage that would remain at the Customer's expense pursuant to the provisions of this article if the third party in question were to hold the Customer liable.
6. The provisions of this article also apply in favor of all (legal) persons whom Doorcy employs in the performance of the Agreement.

1. Doorcy is never obliged to deliver products identical to Products that have been delivered to the Customer under previously concluded agreements, but will advise the Customer on similar products upon first request if the requested Products cannot be delivered.
   
   

13. Force majeure

1. Neither party is obliged to fulfill any obligations if it is prevented from doing so as a result of force majeure. Force majeure also includes a failure on the part of Doorcy's suppliers. If a force majeure situation has lasted for more than 30 days, the parties have the right to terminate the Agreement by written notice of termination. In that case, what has already been performed under the Agreement will be settled proportionally, without the parties owing each other anything.
   
   

14. Termination

1. Each party shall only be entitled to terminate the Agreement if the other party, after receiving a proper and detailed written notice of default setting a reasonable period for remedying the shortcoming, fails to fulfill its essential obligations under the Agreement in an attributable manner.
2. Doorcy may terminate the Agreement in whole or in part without notice of default and without judicial intervention by giving written notice if the Customer is granted a moratorium, whether provisional or otherwise, if bankruptcy proceedings are initiated against the Customer, or if the Customer's business is liquidated or terminated. Doorcy shall never be liable for any compensation as a result of this termination. The amounts due shall become immediately payable.
3. If, at the time of dissolution or termination of the Agreement as referred to in paragraphs 1 and 2 of this article, the Customer has already received services in performance of the Agreement, these services and the associated payment obligation will not be reversed, unless Doorcy is in material default with regard to those services . Amounts invoiced by Doorcy prior to the dissolution or termination in connection with what it has already performed or delivered in execution of the Agreement will remain due and payable in full and will become immediately due and payable at the time of dissolution. 
4. In the event of the invalidity of one or more provisions of a legal relationship between Doorcy and the Customer or in these General Terms and Conditions, the parties will consult with each other in order to agree on new provisions to replace the invalid or void provisions, taking into account as much as possible the purpose and meaning of the invalid or void provision.
   
   

15. Applicable law and disputes

1. The Agreements between Doorcy and the Customer are governed by Dutch law.
2. All disputes that may arise between Doorcy and the Customer arising from or in connection with (the performance of) an Agreement concluded between Doorcy and the Customer, as well as in connection with these General Terms and Conditions, will be settled exclusively by the competent court in 's-Hertogenbosch (District Court of East Brabant).
   
   

16. Contact details

• Doorcy
• Libra 10a
• 5215 MN, 's-Hertogenbosch
• Tel: 085-0482 639
• Email: info@doorcy.nl

's-Hertogenbosch, March 2024