Terms and Conditions
Dosquince, S.L.
1. Applicability
a. These Terms and Conditions govern all offers, deliveries, and services by Dosquince, S.L. (hereinafter “Dosquince”). They form an integral part of all contracts concluded between Dosquince and its customers (hereinafter “Buyer”). These terms also apply to all future transactions, unless explicitly agreed otherwise in writing.
b. Any conflicting terms or conditions proposed by the Buyer will not be recognized unless Dosquince explicitly agrees to them in writing. Reference to the Buyer’s terms in correspondence or any other documentation does not constitute agreement to such terms.
c. By placing an order, the Buyer agrees to these Terms and Conditions, which form an integral part of the contract.
2. Offer and Conclusion of Contract
a. All quotations provided by the Company are valid for a maximum of 7 days unless stated or agreed otherwise.
b. All offers by Dosquince are non-binding unless explicitly marked as binding or include a stated acceptance period. A contract is concluded only upon Dosquince’s written acceptance or upon shipment of the ordered goods.
c. Modifications or additional agreements must be confirmed in writing. E-mails or faxes with a signed confirmation suffice to meet the written requirement.
d. Illustrations, descriptions, or specifications of goods are approximate unless explicitly stated otherwise. Minor deviations due to technical improvements or material variations are acceptable if they do not impair the intended use.
3. Pricing and Payment
a. All prices are in Euros (EUR) and exclusive of VAT, packaging, and shipping costs unless explicitly stated otherwise.
b. Payment is due within 14 days from the date of delivery unless otherwise agreed in writing. In the event of delayed payment, Dosquince reserves the right to:
- Charge late payment interest in accordance with applicable legal rates.
- Suspend further deliveries or services until all outstanding payments are settled.
- Initiate legal action for recovery, with all associated costs borne by the Buyer.
c. Dosquince reserves the right to demand advance payment or security deposits for new clients or in cases of perceived financial instability.
d. Buyers are not entitled to offset claims or withhold payments unless their claims are undisputed or legally recognized.
e. The goods remain the property of Dosquince until full payment has been received or as agreed.
4. Delivery, Inspection, and Transfer of Risk
a. Delivery times are approximate unless explicitly stated otherwise. Partial deliveries are permissible if they do not affect the intended purpose.
b. Goods are shipped ex-works. The risk of loss or damage passes to the Buyer upon delivery to the carrier, even if Dosquince arranges transportation.
c. The Buyer must inspect the delivered goods within seven (7) calendar days of receipt and report any defects or discrepancies in writing. If no notification is received within this period, the goods are deemed accepted, and Dosquince is released from further liability for visible defects.
d. The Buyer agrees to provide accurate specifications and artwork where applicable and bears responsibility for approval of proofs before production.
e. Dosquince will not accept liability for delays or failures caused by force majeure events, including natural disasters, strikes, supply chain disruptions, or government actions.
f. Complaints regarding defects do not relieve the Buyer of their obligation to make payment as per the agreed terms.
5. Returns and Warranty
a. Returns are only accepted for defective items if replacements cannot be provided. Notification of defects must occur within the inspection period (Clause 4.c).
b. In the event of a valid claim, Dosquince will evaluate reported defects and determine if a replacement, repair or refund is warranted. Refunds will only be processed if no replacement can be provided.
c. Any modifications or improper handling of goods by the Buyer voids all warranty claims.
6. Liability
a. Dosquince’s liability for damages is limited to cases of gross negligence, willful misconduct, or breach of fundamental contractual obligations.
b. Indirect or consequential damages, including loss of profits, are excluded unless caused by gross negligence or intentional misconduct by Dosquince.
c. The maximum liability for material damages shall not exceed €100,000 per claim.
d. These limitations do not apply to cases of personal injury, intentional misconduct, or liability under mandatory laws.
7. Design and Printing Standards
a. All product designs created by Dosquince, S.L. are produced using carefully selected organic materials and eco-friendly printing methods, adhering to international and European environmental and quality standards, unless explicitly agreed otherwise in writing.
b. Minor variations in color, texture, or finish may occur during the production and printing process due to the inherent nature of organic materials and the limitations of printing technology. Such deviations are considered standard and do not constitute a defect or non-compliance with the contract.
c. To ensure the highest accuracy in color reproduction, it is the responsibility of the buyer to provide a precise color code (e.g., Pantone or equivalent) prior to production. In the absence of such information, Dosquince will use its best judgment to match colors as closely as possible.
d. Any deviations that fall within industry-accepted tolerances for organic printing are deemed acceptable and do not give rise to claims for replacement, refund, or compensation unless otherwise agreed in writing.
8. Reservation of Title
a. Dosquince retains ownership of all delivered goods until full payment is received or agreed otherwise.
b. The Buyer must notify Dosquince immediately of any third-party claims on goods under retention of title, such as seizures.
9. Dispute Resolution and Jurisdiction
a. In the event of a dispute, both parties agree to make reasonable efforts to resolve matters amicably before pursuing legal action.
b. These terms are governed by the laws of Spain. Any disputes arising from the business relationship shall be settled in the courts of Spain.
10. Data Protection
a. Dosquince processes Buyer data in accordance with EU General Data Protection Regulation (GDPR).
b. Personal data collected will only be used for fulfilling orders and related communication.
11. Additional Clauses for Legal Safeguards
a. In cases of non-payment, Dosquince reserves the right to suspend or cancel any pending orders without liability. Repeated payment delays may result in legal recovery procedures, with all associated costs charged to the Buyer.
b. The Buyer agrees that proof of delivery includes acknowledgment of the inspection timeframe. Any claims beyond the stipulated period (7 calendar days) will not be considered.
c. Force Majeure: Dosquince shall not be held liable for delays or non-performance caused by events beyond its control, including but not limited to natural disasters, labor strikes, or governmental actions.
12. Copyright
a. All designs, design files, content, and works created by Dosquince, S.L. for its clients are the intellectual property of Dosquince, protected under applicable Spanish and European Union copyright laws.
b. Any reproduction, modification, distribution, public display, or other use of these materials without prior written consent of Dosquince, S.L. is strictly prohibited.
c. Materials provided to the client are intended for their agreed-upon purpose only and may not be used for any other purpose, including commercial exploitation, without prior authorization.
d. Downloads, copies, or usage of the designs, files, or related works are allowed solely for the internal use of the client unless expressly permitted otherwise in writing.
e. Any unauthorized use of Dosquince, S.L.’s intellectual property will constitute a breach of copyright law, giving rise to potential legal claims, including compensation for damages, enforcement actions, and injunctions.
f. Ownership of any design files or intellectual property created by Dosquince remains with Dosquince unless explicitly transferred in writing through a separate agreement.
13. Final Provisions
a. Any amendments to these Terms and Conditions must be agreed upon in writing by both parties.
b. Should any clause of these Terms and Conditions be deemed invalid or unenforceable, the remaining clauses shall remain in full force and effect.