Terms of Service

Welcome to DSMobiles. These Terms of Service govern your use of our website and any of our associated services, including the purchase of products through our website. By accessing or using our website, you agree to be bound by these Terms of Service.

Definitions

Article 1 - Definitions

The following definitions apply to these Terms of Service:

Grade: Classification of the aesthetic quality of a product, further specified in the Grading Guide. DSMobiles: DSMobiles, [specify type of entity, e.g., a limited liability company, registered in [Location]], with office located at [Business Address], registered under [Company Registration Number, if applicable].
Quote: An offer issued by DSMobiles for the delivery of products at a specified price.
Client: The individual or business that enters into an Agreement with DSMobiles or intends to do so.
Agreement: A legally binding agreement between DSMobiles and the Client.
Parties: DSMobiles and the Client.
Writing: Communication through letter, email, or other written communication mechanisms, including but not limited to WhatsApp, WeChat, or Facebook Messenger.

Applicability

Article 2 - Applicability

2.1 These Terms of Service apply to all quotes, prices, offers, and agreements for the delivery of goods and/or services by DSMobiles.
2.2 Any deviation from these Terms of Service is only possible through a written agreement between DSMobiles and the Client.
2.3 Additional or alternative terms of service proposed by the Client, or any other third party, are not applicable unless explicitly accepted in writing by DSMobiles.
2.4 If any provision of the Agreement or these Terms of Service is found to be void or unenforceable, the remainder of the Agreement and Terms of Service shall continue in full effect.

Orders, Quotes, and Agreements

Article 3 - Orders, Quotes, and Agreements

3.1 Quotes, offers, and price indications from DSMobiles are non-binding, unless otherwise agreed upon in writing.
3.2 If a quote or offer is based on information provided by the Client, the Client guarantees the completeness and accuracy of the information. The Client agrees to any additional fees incurred if the information provided is incomplete or incorrect.
3.3 An Agreement between the Client and DSMobiles is established by either a) the written acceptance of a quote issued by DSMobiles, or b) if DSMobiles has commenced performance on a quote or offer, such as reserving stock.
3.4 Upon cancellation of an accepted quote, DSMobiles is entitled to a cancellation fee equal to 10% of the quoted value.
3.5 DSMobiles strives to ensure accuracy in descriptions within quotes and orders; however, these descriptions are non-binding. DSMobiles reserves the right to make technical modifications.

Delivery and Delivery Period

Article 4 - Delivery and Delivery Period

4.1 All delivery periods communicated by DSMobiles are indicative, unless explicitly agreed upon otherwise in writing.
4.2 DSMobiles reserves the right to suspend or withhold deliveries if the Client has not met its payment obligations. This suspension will last until the Client fulfills its payment obligations, or until DSMobiles terminates the Agreement due to Client default. In the event of termination, DSMobiles is entitled to compensation for any resulting damages.
4.3 If DSMobiles, for any reason, cannot reasonably be held to perform an Agreement, it is entitled to terminate the Agreement in full or in part without being subject to additional fees or charges.
4.4 Deliveries are made ex works from the premises of DSMobiles, or from other premises designated by DSMobiles.
4.5 Transport to the Client is at the Client's risk and expense. DSMobiles typically selects the shipper and shipping method unless otherwise agreed upon in writing. Insurance coverage is the responsibility of the Client unless otherwise arranged.
4.6 Unless otherwise agreed upon, import, export, customs, clearance costs, and any related taxes are the responsibility of the Client.
4.7 DSMobiles reserves the right to make partial deliveries.
4.8 If DSMobiles orders products in the course of fulfilling an Agreement and the Client requests DSMobiles to store these products, DSMobiles is entitled to charge a storage fee. Storage will be at the Client's risk, and DSMobiles is not required to provide such storage services.
4.9 In the event of unexpected partial deliveries or incorrect deliveries, the Client must notify DSMobiles of the situation within seven days.

Prices

Article 5 - Prices

5.1 Any price communicated by DSMobiles is valid on the day of delivery ex works, unless specified otherwise, and excludes VAT, shipping and clearance costs, and any additional fees.
5.2 DSMobiles may adjust the price to account for any increase in cost factors that occur after the Agreement has been established but before it is fully performed. Such adjustments may include, but are not limited to, changes in the prices of materials, raw materials, transport, energy, or exchange rates.

Payments

Article 6 - Payments

6.1 Payment must be made in full unless otherwise agreed upon in writing. Compensation, suspension, or offsetting against amounts receivable is not permitted unless agreed to in writing by both the Client and DSMobiles.
6.2 DSMobiles reserves the right to require securities and/or guarantees from the Client. This also applies in cases where DSMobiles and the Client have agreed upon credit terms. If the Client refuses to cooperate in providing securities or guarantees, DSMobiles is permitted to terminate any Agreement with the Client and may seek compensation for cancellation fees or other related charges.
6.3 If the Client fails to meet a payment term, DSMobiles is entitled to charge an additional fee of 1%, on top of any lawful fee in trading transactions. DSMobiles is also entitled to charge 15% in extrajudicial collection fees, with a minimum of €250.

Retention of Title

Article 7 - Retention of Title

7.1 Ownership of delivered products shall remain with DSMobiles and shall not transfer to the Client until the full purchase price for the delivered products has been paid and received by DSMobiles.
7.2 In the situation described in 7.1, the Client is obligated to establish a non-possessory pledge in favor of DSMobiles on the delivered products to secure both existing and future payment obligations to DSMobiles.
7.3 In the situations described in 7.1 and 7.2, DSMobiles is entitled to reclaim the delivered products from the Client without judicial intervention, recovering the full value of the products delivered.

Guarantee

Article 8 - Guarantee

8.1 DSMobiles guarantees that the quality of each product aligns with its respective Grading, as specified in the Agreement.
8.2 The guarantee period for Grading quality is seven days from the date of delivery.
8.3 The guarantee period for functionality is thirty days from the date of delivery.
8.4 In cases where additional work is performed or a replacement product is provided under guarantee, the guarantee period does not extend.
8.5 The guarantee covers defects arising from normal use. Exclusions from the guarantee include: a) damage resulting from drops, pressure, impact, wear and tear, or moisture; and b) damage due to external short circuits.
8.6 If the Client invokes a guarantee clause, DSMobiles will determine whether the claim is applicable to the delivered products.
8.7 Additional terms and conditions are detailed in the Return Policy.

Liability

Article 9 - Liability

9.1 Notwithstanding the clauses with regard to guarantee, Dsmobiles accepts no liability for damages resulting from (alleged) failure to perform an Agreement.
9.2 In the case that Dsmobiles is subject to any liability, it shall at maximum accept liability for the total value of an Agreement. In the case that an Agreement is partially fulfilled, then Dsmobiles at maximum accepts liability for the unfulfilled part of the Agreement.
9.3 If Dsmobiles is subject to liability, withstanding previous clauses, then it accepts no liability higher than that its professional liability insurance covers for that specific case.
9.4 The Client is required to notify Dsmobiles of any such claims within thirty days of observation.

Termination

Article 10 - Termination

10.1 Dsmobiles is entitled to terminate an Agreement if the Client does not meet its payment obligations, without judicial intervention, by written notice. If Dsmobiles chooses not to terminate an Agreement, it is allowed to suspend deliveries until the Client fulfills its payment obligations.
10.2 In addition to its other rights, Dsmobiles has the right to terminate an Agreement without notice of default and without judicial intervention, if the Client is unable or unwilling to fulfill its financial obligations, or is in state of insolvency, or reaches a private agreement with its creditors, summons an assembly of its creditors, its shareholders decide to dissolve or liquidate the Client, a liquidator is appointed, or similar authority is invoked.

Force Majeure

Article 11 - Force Majeure

11.1 In addition to lawfully defined cases, force majeure is the situation where Dsmobiles is unable to fulfill its Agreement from causes that are reasonably deemed out of its control. This includes, but is not limited to, supplier defaults or late deliveries by suppliers.
11.2 None of the Parties is liable for delay or termination of an Agreement if the cause is force majeure.
11.3 If a situation of force majeure persists for longer than four weeks, either of the Parties is entitled to terminate the Agreement without additional costs.

Applicable Law

Article 12 - Applicable Law

12.1 The Terms of Service and all transactions and Agreements between Dsmobiles and the Client are subject solely to Dutch law.
12.2 Any disputes between the Parties are solely submitted to the competent judge of the district court of Amsterdam. Dsmobiles has the right to submit a dispute to the competent judge of the Client's statutory seat.
12.3 If a dispute arises that is submitted to court, then only the Dutch version of these terms of service is authoritative and applicable.