Terms and Conditions

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 Dosquince are valid for a maximum of seven (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. Unless otherwise agreed in writing, any signed quotation or contract that specifies the price excludes shipping, transportation, and customs duties. These costs – covering shipment from India to the Buyer’s delivery destination – are the sole responsibility of the Buyer.

c. Payment is due within fourteen (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 at a rate of 1.5% per month (or the maximum allowed by applicable law) calculated from the due date until payment is received in full.

   •      Suspend further deliveries or services until all outstanding payments are settled.

   •      Initiate legal action for recovery, with all associated costs borne by the Buyer.

d. The Buyer agrees to reimburse Dosquince for all reasonable legal fees and collection costs incurred in recovering overdue payments.

e. Dosquince reserves the right to demand advance payment or security deposits for new clients or in cases of perceived financial instability.

f. Buyers are not entitled to offset claims or withhold payments unless their claims are undisputed or legally recognized.

g. The goods remain the property of Dosquince until full payment has been received or as agreed.

4. Delivery, Inspection, and Transfer of Risk

a. All Dosquince products are sourced, produced, and/or manufactured in India. Unless explicitly agreed otherwise, all shipments originate from India.

b. The Buyer is responsible for covering shipping, transportation, and customs duties for goods delivered from India to the Buyer’s destination, where these costs are not explicitly included in the agreed price.

c. Delivery times are approximate unless explicitly stated otherwise. Partial deliveries are allowed, provided they do not compromise the stated intended purpose, which must be explicitly agreed upon in writing by both parties.

d. 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.

e. 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.

f. If Dosquince receives a written claim within the stipulated inspection period, it will evaluate the issue. In cases where defects are verified, Dosquince may at its discretion:

   •      Provide a replacement for the defective goods.

   •      Issue a credit note for the value of the non-approved items, while the Buyer remains responsible for making payment for the approved items per the original invoice.

   •      Offer a refund if a replacement is not feasible.

g. Complaints regarding defects do not relieve the Buyer of their obligation to make payment as per the agreed terms for all approved items listed on the invoice.

h. Any credit note issued must confirm the replacement of the non-approved items. This credit note will be applied to the original invoice, ensuring accurate accounting.

i. In exceptional circumstances where the reproduction of a defective item is not possible, Dosquince reserves the right to provide a refund for the item, limited to the original purchase price.

j. The Buyer agrees to provide accurate specifications and artwork where applicable and bears responsibility for approval of proofs before production.

k. Dosquince will not accept liability for delays or failures caused by force majeure events, including natural disasters, strikes, supply chain disruptions, or government actions.

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.e).

b. In cases of valid claims, Dosquince will evaluate reported defects and decide whether to issue a replacement, credit note, or refund. Credit notes issued for non-approved items must confirm the replacement while the original invoice remains payable for approved items.

c. Any replacement of non-approved items is subject to Dosquince’s verification and approval. Dosquince reserves the right to deny returns for items that have been used, modified, or mishandled.

d. In cases where Dosquince accepts the return of goods outside the inspection period (Clause 4.e), this shall be considered a goodwill gesture and does not constitute a waiver of the inspection requirements in future transactions.

e. Any modifications or improper handling of goods by the Buyer voids all warranty claims.

6. Liability

a. Dosquince’s liability for damages is strictly limited to the amount of the total order value for the goods or services in question.

b. Dosquince is not liable for indirect, incidental, or consequential damages, including but not limited to loss of profit, production downtime, or business interruption, unless caused by gross negligence or intentional misconduct.

c. These limitations of liability do not apply to cases of gross negligence, intentional misconduct, personal injury, or liability arising under mandatory laws.

7. Product Characteristics and Variations

a. Naturally Sourced and Handcrafted Products: At Dosquince S.L., we take pride in offering products that are naturally sourced and handcrafted, ensuring each item possesses a unique and authentic character. Due to the artisanal nature of our products, variations in color, texture, and appearance are inherent and contribute to their individuality. These natural discrepancies are not defects but a testament to the genuine craftsmanship involved in their creation.

b. Product Variations: Our products are made from natural materials and are not mass-produced. Consequently, each item may exhibit unique characteristics, including but not limited to differences in color, texture, and finish. Such variations are normal, expected, and enhance the authenticity of the product.

c. No Guarantees of Uniformity: While Dosquince strives to maintain high-quality standards, the handmade nature of our products means that uniformity cannot be guaranteed. Customers should anticipate and appreciate the distinct qualities that make each piece one-of-a-kind.

d. Acceptance of Variations: By purchasing our products, you acknowledge and accept the possibility of natural variations. These differences do not affect the quality or functionality of the product and are not considered grounds for returns, replacements, or refunds unless explicitly agreed otherwise in writing.

e. Statement of Value: We believe the uniqueness of each item enhances its beauty and value, offering you a product that is truly individual and reflective of its handcrafted origin.

8. Design and Printing Standards

a. Organic Materials and Eco-Friendly Practices: 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. Production Variations: 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. Color Reproduction Accuracy: 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. Industry-Standard Tolerances: 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. Liquidated Damages for Delayed Acceptance or Inspection

If the Buyer delays the inspection or acceptance of goods beyond seven (7) calendar days, Dosquince reserves the right to claim liquidated damages amounting to 1.5% of the order value for each additional day of delay, unless otherwise agreed in writing.

9. Force Majeure

Dosquince shall not be liable for delays, non-performance, or damages caused by events beyond its reasonable control, including but not limited to:

   •       Natural disasters (e.g., earthquakes, floods, hurricanes).

   •       Strikes, labor disputes, or industrial action.

   •       Governmental actions, embargoes, or regulatory changes.

   •       Supply chain disruptions, pandemics, or wars.

In such cases, Dosquince reserves the right to delay delivery or terminate the contract without liability, provided it notifies the Buyer as soon as reasonably possible.

10. 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.

11. 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.

12. 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.

13. 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.

14. Copyright 

a. All designs, design files, content, and works created by Dosquince, S.L. for its clients are the intellectual property of Dosquince, S.L., 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, S.L. remains with Dosquince, S.L. unless explicitly transferred in writing through a separate agreement.

15. 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.

c. These Terms and Conditions are subject to revision. Dosquince reserves the right to update them periodically, with the latest version published on its website. Buyers are encouraged to review the terms regularly, as continued use of Dosquince’s services or products constitutes acceptance of any revisions.