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Imprint
Name: Dolly Digital BV
BV Private Limited Company
Address: Zwanebloemlaan 63, 1087 EP, Amsterdam, Netherlands
Chamber of Commerce number: 96411430
VAT number: NL867599571B01
Primary contact: Mr. J. Huijgen
Email: info@dolly-digital.com
WEEE number: DE 75710175
LUCID Reg. No.: DE1998138945202
General terms and conditions Dolly Digital BV
Definitions
Dolly Digital BV established in Amsterdam under Chamber of Commerce number 96411430 (Hereinafter Dolly Digital BV)
Customer: the person with whom Dolly Digital BV has entered into an agreement.
Parties: Dolly Digital BV and customer together.
Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Dolly Digital BV
Parties can only deviate from these conditions if they have expressly agreed in writing.
Parties explicitly exclude the applicability of additional and / or deviating general terms and conditions from the customer or from third parties.
Pricing
All prices used by Dolly Digital BV are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or otherwise agreed.
Dolly Digital BV may change all prices that Dolly Digital BV uses for its products or services, on its website or otherwise made known, at any time.
Increases in the cost prices of products or parts thereof, which Dolly Digital BV could not foresee at the time of making the offer or concluding the agreement, may give rise to price increases.
The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Samples and models
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .
Consequences of not paying on time
If the customer does not pay within the agreed term, Dolly Digital BV is entitled to charge the statutory interest of 6% per month for non-commercial transactions and the statutory interest of 11,15% per month for commercial transactions from the day the customer is in default, whereby a part of a month is counted as a whole month.
If the customer is in default, he is also liable to pay extrajudicial collection costs and any compensation to Dolly Digital BV.
The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
If the customer does not pay on time, Dolly Digital BV may suspend its obligations until the customer has fulfilled its payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Dolly Digital BV's claims on the customer are immediately due and payable.
If the customer refuses to cooperate with the execution of the agreement by Dolly Digital BV, he is still obliged to pay the agreed price to Dolly Digital BV.
Right to claim
As soon as the customer is in default, Dolly Digital BV is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
Dolly Digital BV invokes the right of complaint by means of a written or electronic communication.
Once the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Dolly Digital BV, unless the parties make other arrangements in this regard.
The costs for returning or returning the products will be borne by the customer.
Right of Withdrawal
A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:
the product has not been used
it is not a product that can spoil quickly, such as food or flowers
it is not a product that has been tailor-made or modified especially for the consumer
it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact
the product is not a trip, ticket, catering order or form of leisure activity
the product is not a loose magazine or newspaper
it is not an (order for) emergency repair
the consumer has not waived his right of withdrawal
The cooling-off period of 14 days as referred to in paragraph 1 starts:
on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has received the first product with a subscription
as soon as the consumer has purchased a service for the first time
as soon as the consumer has confirmed that he will purchase digital content via the internet
The consumer can make his appeal to the right of withdrawal known via Info@dolly-digital.com.
The consumer is obliged to return the product to Dolly Digital BV within 14 days after notification of his right of withdrawal, otherwise his right of withdrawal will lapse.
For business orders (B2B), there is no statutory 14-day right of withdrawal, unlike consumer purchases.
Reimbursement of return costs
If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the costs for returning the entire order will be borne by the consumer or the customer.
Suspension right
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation under this agreement.
Right of retention
Dolly Digital BV may invoke its right of retention and in that case retain the customer's products until the customer has paid all outstanding invoices to Dolly Digital BV, unless the customer has provided sufficient security for those costs.
The right of retention also applies on the basis of previous agreements from which the customer still owes payments to Dolly Digital BV
Dolly Digital BV is never liable for any damage that the customer may suffer as a result of exercising its right of retention.
Netting
Unless the customer is a consumer, the customer waives his right to offset a debt to Dolly Digital BV against a claim on Dolly Digital BV
In order to offer you Klarna's payment methods, we may transfer your personal data in the form of contact and order information to Klarna during checkout so that Klarna can assess your eligibility for their payment methods and tailor those payment methods to you. Your transferred personal data will be processed in accordance with Klarna's own privacy notice.”
Retention
Dolly Digital BV remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards Dolly Digital BV under any agreement concluded with Dolly Digital BV, including claims relating to failure to comply.
Until then, Dolly Digital BV can invoke its right of retention of title and take back the items.
Before ownership is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Dolly Dolly Digital BV invokes its retention of title, the agreement will be deemed to have been terminated and Dolly Digital BV will be entitled to claim damages, lost profits and interest.
Delivery
Delivery takes place while stocks last.
Delivery will take place at Dolly Digital BV, unless the parties have agreed otherwise.
Delivery of products ordered online takes place at the address indicated by the customer.
If the agreed amounts are not paid or not paid on time, Dolly Digital BV has the right to suspend its obligations until the agreed portion has been paid.
In the event of late payment, the creditor is in default, with the result that the customer cannot object to late delivery to Dolly Digital BV.
Lead-time
The delivery times stated by Dolly Digital BV are indicative and do not entitle the customer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
The delivery time commences at the moment that the customer has fully completed the (electronic) ordering process and has received an (electronic confirmation) from Dolly Digital BV
Exceeding the specified delivery time does not entitle the customer to compensation or the right to terminate the agreement, unless Dolly Digital BV cannot deliver within 14 days after written notice to do so or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Transport costs
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packaging and shipping
If the packaging of a delivered product is opened or damaged, the customer must have a note made of this by the carrier or delivery person before receiving the product, failing which Dolly Digital BV cannot be held liable for any damage.
If the customer arranges for the transport of a product himself, he must report any visible damage to products or packaging to Dolly Digital BV prior to transport, failing which Dolly Digital BV cannot be held liable for any damage.
Custody
If the customer orders ordered products only later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
Guarantee
The warranty regarding products only applies to defects caused by defective manufacturing, construction or materials. The warranty period is 1 year.
The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, as well as when the cause of the defect cannot be clearly determined and/or the battery is defective.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, passes to the customer at the moment when they are legally and / or actually delivered, at least in the control of the customer or from a third party who receives the product for the benefit of the customer.
Exchanging
Exchanging purchased items is only possible if the following conditions are met:
Exchanges take place within 14 days of purchase upon presentation of the original invoice
the product is returned in its original packaging or with the original (price) tags still attached
the product has not yet been used
Discounted items, non-perishable items such as food, custom-made items or items specially adapted for the customer and headsets used for hygiene reasons. cannot be exchanged.
Disclaimer
The customer indemnifies Dolly Dolly Digital BV against all claims from third parties relating to the products and/or services supplied by Dolly Digital BV.
Complaint
The customer must examine a product or service supplied by Dolly Digital BV as soon as possible for any shortcomings.
If a delivered product or service does not meet what the customer could reasonably expect from the agreement, the customer must inform Dolly Digital BV of this as soon as possible, but in any case within 1 month after discovering the shortcomings.
Consumers must inform Dolly Digital BV of any deficiencies within 2 months of discovering them.
The customer must provide as detailed a description as possible of the shortcoming, so that Dolly Digital BV is able to respond adequately.
The customer must demonstrate that the complaint relates to an agreement between the parties.
If a complaint relates to ongoing work, this may in any case not lead to Dolly Digital BV being obliged to perform work other than that agreed upon.
Notice of default
The customer must notify Dolly Digital BV of any notice of default in writing.
It is the customer's responsibility to ensure that a notice of default actually reaches Dolly Digital BV (on time).
Joint and several liability of the customer
If Dolly Digital BV enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts that they owe to Dolly Digital BV under that agreement.
Liability Dolly Dolly Digital BV
Dolly Digital BV is only liable for any damage suffered by the customer if and to the extent that such damage is caused by intent or deliberate recklessness.
If Dolly Digital BV is liable for any damage, it is only liable for direct damage resulting from or related to the performance of an agreement.
Dolly Digital BV is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
If Dolly Digital BV is liable, this liability is limited to the amount paid out by a concluded (professional) liability insurance and in the absence of (full) payment of the amount of damages by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial) termination of the agreement and / or suspension of any obligation.
Expiry period
Any right of the customer to compensation from Dolly Digital BV shall in any case expire 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Civil Code.
Right to dissolution
The customer has the right to terminate the agreement if Dolly Digital BV is culpably in breach of its obligations, unless this breach, given its special nature or minor significance, does not justify termination.
If compliance with the obligations by Dolly Digital BV is permanently or temporarily impossible, dissolution can only take place after Dolly Digital BV is in default.
Dolly Digital BV has the right to terminate the agreement with the customer if the customer does not fully or timely fulfil his obligations under the agreement, or if Dolly Digital BV has become aware of circumstances that give it good reason to fear that the customer will not be able to properly fulfil his obligations.
Force Majeure
In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Dolly Digital BV to fulfil any obligation towards the customer cannot be attributed to Dolly Digital BV in a situation beyond the control of Dolly Digital BV, as a result of which the fulfilment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfilment of its obligations cannot reasonably be expected of Dolly Digital BV.
The force majeure situation referred to in paragraph 1 also includes - but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
If a force majeure situation occurs as a result of which Dolly Digital BV cannot fulfil one or more obligations to the customer, those obligations will be suspended until Dolly Digital BV can fulfil them again.
From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
In the event of force majeure, Dolly Digital BV is not liable for any (damage) compensation, even if it enjoys any benefit as a result of the force majeure situation.
Modification of the agreement
If, after the conclusion of the agreement for the execution thereof, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in a timely manner and by mutual agreement.
Change of general terms and conditions
Dolly Digital BV is entitled to change or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Dolly Digital BV will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.
Transfer of rights
Customer rights under an agreement between the parties may not be transferred to third parties without the prior written consent of Dolly Digital BV
This provision applies as a clause with property law effect as referred to in Section 3:83 (XNUMX) of the Dutch Civil Code.
Consequences of nullity or voidability
If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions of these terms and conditions.
A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Dolly Digital BV had in mind when drawing up the conditions on that point.
Applicable law and competent court
Dutch law applies exclusively to every agreement between the parties.
The Dutch court in the district where Dolly Digital BV is established / practices / has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Created on March 18, 2025.
