Terms & Conditions
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General
Access to and use of this Website and products and services available through this Website (collectively, “our services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using our services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. If you do not accept these terms and conditions, please do not make use of our services.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend our services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website. This Website also contains links to other websites, which are not operated by DutchQua (the “Linked Sites”). DutchQua has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Your status
By making use of our services, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
Food products
We take great care in selecting quality ingredients and we establish common hygienic practices in the process of preparing our food. Despite our best efforts, at times the product can be varying in quality due to changes in workload and processes. As such, we cannot guarantee that the quality will be consistent and cannot be held liable for any deviations. For example all bones from meat products have been removed and it could be that some may remain.
Allergens
We do our best to be as clear as possible regarding allergens in our food products. However some of ingredients could be coming from factories where allergens are handled (for example peanuts). Furthermore the stores are busy environments where cross contamination could take place. For this reason we recommend to avoid ordering online and visit our store and inform your order taker in full of your allergies.
Merchandise
DutchQua will have available various forms of merchandise via its sales channels. These are sold in their current state and without guarantees. Furthermore, DutchQua is not responsible for a correct functioning of the sold merchandise and the customer is responsible for a thorough inspection prior to purchasing.
Ordering online
When ordering online, the customer is responsible for providing the right information throughout the entire sales process. When incorrect information is provided, the customer is liable to call and notify DutchQua immediately after placement. In any case, DutchQua cannot be held responsible and any incurred costs will be on the customer’s side and refunds will not be done.
When the sales process is not functioning correctly or a customer order has been cancelled due to system failure, DutchQua will try to correct the order. Any missing funds or incurred damages cannot be claimed towards DutchQua , and will not be accepted.
Complaints
Any major defects, within or outside of our capacity, deeming the product unfit for consumption should be claimed in writing immediately at time of receipt or latest within 30 minutes of receipt. If no written claim with customer details and order are received within the timeline, then the claim will not be accepted. If the claim is accepted, DutchQua will investigate the claim and if it is justified DutchQua can propose a solution. This will not include any monetary returns.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of DutchQua or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by DutchQua and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by DutchQua or its licensors. DutchQua logos are trademarks belonging to DutchQua . No licenses or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colorable similar without the written permission of DutchQua .
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law to DutchQua and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect DutchQua liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability, which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Indemnity
You agree to indemnify, defend and hold harmless DutchQua, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
DutchQua shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Severability
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of The Netherlands and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Dutch courts.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and DutchQua. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of DutchQua.