In these General Terms and Conditions (“Terms and Conditions”) the following terms shall have the following meaning:
• DARO: a situated branch of DARO on Bonaire
• Customer: each natural person or legal entity with whom/which DARO enters into an Agreement.
• Agreement: each accepted offer of DARO and each agreement concluded between DARO and Customer, each modification of it, or addition to same.
• Products: all physical goods and services, including but not limited to contracting of work, assembling, installation and/or advice, offered  by DARO.
• Website: the websites www.daroscreens.com

DARO BV
Kaya Haarlem 5 | Hato | Bonaire
Telephone number: 00599 700-4590
Accessibility: Monday to Friday from 8:00 am to 6:00 pm
Email address: info@daroscreens.nl
KvK: 10777
CRIB: 380068450

3.1 These Terms and Conditions shall constitute part of any and all Agreements and shall apply to any and all relationships between and all acts of DARO and Customer in connection with the marketing and sales of the Products in the broadest sense, whether in writing or not, including but not limited to statements and offers made by DARO on and Agreements concluded between DARO and Customer online e.g. via the Website, These Terms and Conditions explicitly exclude the applicability of Customer’s general or specific conditions or stipulations, unless otherwise agreed on and confirmed in writing by DARO.

3.2 In as far as the application of any clause from these Terms and Conditions would conflict with any stipulation in a written agreement – not being general terms and conditions – between DARO and Customer, that clause may not apply, whereas in that case the other clauses of these Terms and Conditions shall remain in full force.

3.3 Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.

3.4 If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.

4.1 An offer and/or quotation shall be without obligation and shall not bind DARO, and shall only be deemed an invitation to place an order, unless DARO has explicitly stipulated in writing a period within which same is to be accepted.

4.2 All statements by DARO of numbers, sizes, weight, labels, and/or indications have been made carefully, but always subject to change.
DARO does not guarantee that same do not contain deviations. Calculation or writing errors, and the like, in publicity, offers, prospectuses, publications, order confirmations, invoices, and/or other documents proceeding from DARO shall not bind DARO.

4.3 In the event of purchase for cash, the Agreement shall be concluded at the time of payment. The sales receipt issued by DARO shall be deemed proof hereof. In the event that the products have been ordered at Customer’s request, the Agreement shall be concluded at the time that DARO accepts the order in writing, or that DARO carries out the order.

4.4 The Customer vouches for the correctness of the by him provided information. In case of customization, or when goods are combined on directions of the Customer, the Customer vouches for the stated sizes and the provided information. When the Customer provides information orally or by phone, the information which is not confirmed in writing by DARO comes for risk of the Customer. The Customer is obliged to immediately report to DARO any incorrectness in provided or mentioned information which is in any way related to the Agreement.

4.5 DARO is permitted to refuse an order and/or application or to connect special conditions to the delivery when DARO has valid reasons to believe that the Customer will not meet his obligations. This valid reason can, amongst others, be a clear and recent negative experience of DARO with the Customer. When requested to, DARO will provide the concerning substantiation in writing to the Customer.

4.6 If the Customr has accepted the offer electronically, DARO will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the Customer can dissolve the agreement.

4.7 If the Agreement is concluded electronically, DARO will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the Customer can pay electronically, DARO will observe appropriate security measures.

4.8 DARO can – within legal frameworks – inform whether the Customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, DARO has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.

5.1 Modifications of, and additions to, any stipulation in an Agreement and/or these Terms and Conditions shall only apply, if they have been laid down in writing by DARO, and shall only concern the Agreement in question. Oral agreements, irrespective of their nature or by whom or when made, shall have no legal effect, unless specifically onfirmed in writing.

5.2 DARO may modify these Terms and Conditions any time without prior consultation of the Consumer. The amended Terms and Conditions will apply as from the date of publication on the Website. 

6.1 The current sales prices are expressed in American Dollars. Prices are stated on the price stickers attached to the products offered in the DARO store or on the product page on the Website.

6.2 DARO may change these sales prices, and may increase them, inter alias if the circumstances on which the sales prices are based have changed. Aforementioned changes include inter alias: increase of freight rates, import and export duties, or other domestic and foreign levies and/or taxes, wages, salaries, and social charges, changes in exchange rates, and price of raw and auxiliary materials.

6.3 If so requested, Customer can use the transportation services offered by DARO. Transportation costs are not included in the sales price and shall be for Customer’s account.

6.4 DARO shall not be bound by the price indication if a price sticker was attached to the wrong product and/or an incorrect price is stated on the price sticker and/or if the price is obviously listed incorrectly in any of its commercial publications whether in hard copy, on the Website or in any other digital form (“Publications”). DARO reserves the right to refuse or cancel any orders placed for product listed obviously at the incorrect price.

7.1 The delivery time stated by DARO is based on the circumstances at the time of concluding the Agreement, and, in as far as subject to thirdparty performances, on the information provided by these third parties to DARO. DARO shall observe the delivery time as much as possible.

7.2 In case of delay of the delivery, as a result of (temporarily) not being in stock of the ordered Products or any other reason, or when the delivery can not, or only partial, be performed, the Customer receives a timely, and if possible within fourteen (14) days after the concluding of the Agreement, message that such will be the case. In the event that the delivery time is exceeded, Customer shall not be entitled to any compensation in respect thereof. In that case, Customer also shall not be entitled to dissolution of the Agreement, unless the delivery time is exceeded to such an extent that Customer cannot be expected in reason to have the (part in question of the) Agreement continued. Only in that case, Customer may dissolve the (part in question of the) Agreement.

7.3 The delivery time shall take effect on the day of the formation of the Agreement (Article 3.3), provided that DARO disposes of the information and products required for the performance of the Agreement. Otherwise, the delivery time shall take effect later, and this on the day of receipt by DARO of the information and products required for the performance of the Agreement, it being understood that such information and/or products shall be provided/delivered within a reasonable period.

8.1 Delivery shall take place at the branch in which the Agreement is concluded, or where the products have been ordered, unless Customer makes use of the transportation services offered by DARO. In that case, delivery takes place at the address stated by Customer. DARO is permitted to let the delivery, or parts of it, perform by third parties who are not employed by DARO.

8.2 The Customer is obliged to do everything that is reasonably necessary and/or desirable to make the delivery possible. DARO may assume that the Products can be delivered with conventional means of transport on proper reachable places with a for the acquittal conventional procedures. When the transport and/or the acquittal requires the making of extra costs as a result of the absent of the aforementioned, the Customer is obliged to fully pay these extra costs.

8.3 At the time of delivery, the risk of the products delivered shall pass to Customer.

8.4 In the event that products have been ordered at Customer’s request, DARO shall notify Customer of the arrival of the products. In the event that Customer does not take possession of the products within eight (8) days after this notification, DARO may store the products for Customer’s account and risk, and Customer shall owe storage charges for this. In the event that DARO does not notify Customer of the arrival of the products, the eight (8)-day period referred to in the preceding sentence shall take effect at the time of expiration of the delivery time communicated to Customer by DARO. The storage charges amount to 20% of the sales price per month. In the event that Customer has not taken possession of the products within six (6) months after expiration of the delivery time communicated, DARO may sell these products privately to a third party for Customer’s account and risk. Customer shall continue to owe the purchase price, augmented by interest and expenses (by way of compensation). In the event of a private sale to a third party, the amount due by Customer shall be reduced by the net proceeds of the sale to this third party.

8.5 Article 8.4 shall also apply, if the products are immediately deliverable
from stock at the time of the formation of the Agreement, and Customer does not immediately take possession of the products, it being understood that storage charges shall become due and payable eight (8) days after the day of formation of the Agreement, and that DARO may proceed to private sale of the products not taken possession of to third parties after expiration of eight (8) days after the day of formation of the Agreement.

8.6 Any costs, including collection costs, process server costs, and/or attorney’s fees, both judicial and extrajudicial, incurred by DARO to accomplish Customer’s fulfillment of the obligations shall be for Customer’s account. The extrajudicial costs amount to 15% of the principal sum, with a minimum of $ 500 (in words: five hundred 00/00 American Dollars).

9.1 Customer is obligated to inspect the products delivered (or cause same to be inspected) immediately following receipt. Complaints shall be lodged in writing with DARO, not later than within eight (8) days after receipt of the products delivered, in the absence of which Customer is deemed to have approved the delivery. Complaints shall not entitle Customer to suspend or set off the payment of the undisputed part of the claim.

9.2 Customer shall give any assistance required for the investigation of the complaint, inter alias by giving DARO the opportunity to conduct an investigation (or cause same to be conducted) into the circumstances of the use and/or installation of the products.

10.1 Customer shall pay the purchase amount of the products delivered to it pursuant to the Agreement.

10.2 All payments shall be made at the office of the DARO store where the Agreement was concluded, or in another way to be indicated by DARO, before or on delivery of the products, unless otherwise agreed on.

10.3 Customer shall pay the purchase amount in full. Customer may not set off the amount it owes DARO against the amount DARO
eventually might owe Customer.

10.4 The Customer is obliged to inform DARO beforehand and in writing about changes in address and/or name as well as any other for DARO relevant information. All the consequences of not, or not in time, informing DARO about these changes are for account and risk of the Customer.

10.5 

11.1 The ownership of the products delivered shall not pass to Customer until after he has fully paid all that he owes or will owe on account of the Agreement in question and/or for any other reason.

11.2 In the event of attachment, moratorium on payments, or bankruptcy, Customer shall promptly inform the process server levying the
attachment, the administrator, or the bankruptcy trustee of DARO title.

11.3 Customer is obligated to inform third parties, who are put into the possession by Customer of the products delivered by DARO, and/or for whom Customer carries out work, of DARO title to these products.

12.1 All packaging, with the exception of the obvious standard packaging of the Product, shall remain the property of DARO, unless otherwise agreed on and confirmed in writing by DARO.

13.1 Products that have been altered and/or damaged in any way through
the fault of Customer and/or third parties cannot be returned or
exchanged.

13.2 When returning a product purchased at DARO, the purchase price shall not be refunded to Customer, but, instead thereof, he shall receive a DARO value coupon for the same amount. Returning a product is only permitted, however, if the following conditions are met: Customer requests a refund of the purchase price within fourteen (14) days after the date of purchase, simultaneously submitting
a) the original sales receipt,
b) the unused and unworn product,
c) the original packaging. 

The value coupon shall only be valid fourteen (14) days after the date of issue of the value coupon.

13.3 Exchanging a product purchased at DARO for another product is
also possible, if Customer so requests within fourteen (14) days after the
date of purchase, simultaneously submitting
a) the original sales receipt,
b) the unused and unworn product,
c) the original packaging.

13.4 The following products cannot be returned or exchanged:
• products sold at reduced prices because of a sale, on special offer, during a special campaign, because the products are already damaged (in part), or for whatever other reason;
• products sold per meter;
• products that DARO at Customer’s request has specially ordered, fabricated, mixed, adapted and/or customized;
• all products for which the supplier and/or manufacturer has not issued a warranty.

14.1 DARO is never obligated to issue a warranty to Customer that goes beyond the warranty DARO can claim towards its supplier.

14.2 The warranty period shall take effect at the time of delivery (Article 8.1). The sales receipt shall serve as certificate of warranty. Without submitting the sales receipt, Customer shall not be entitled to warranty.

15.1 DARO shall not be liable for any damage of Customer and/or third parties, caused by and/or attributable to DARO and/or a person
and/or item for which DARO is responsible. This exclusion of liability shall leave intact DARO obligation to comply with a warranty issued
as referred to in Article 13 of these Terms and Conditions. Therefore, DARO liability is excluded fully for the rest, except in as far as Article
14.2 of these Terms and Conditions stipulates otherwise.

15.2 DARO shall never be liable for damage caused by use contrary to the operating instructions of the product in question, if any. DARO
notably excludes any liability for consequential loss, immaterial damage, trading loss, and/or environmental damage.

15.3 The exclusion of liability of paragraph 1 shall not be applicable, if damage has been caused by intention or similar gross negligence of DARO and/or its subordinates, or if liability ensues from the statutory product liability regulation.

15.4 The Website is provided “as is” without warranties of any kind, whether express or implied. DARO does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. DARO does not make any warrantees or representations regarding the use of the Website.

16.1 In the event that DARO cannot fulfill its obligations pursuant to an Agreement towards Customer due to a non-attributable failure (force majeure), the performance of the part in question of that Agreement shall be suspended.

16.2 In the event that any event of force majeure has lasted two (2) months, or as soon as it has been determined in reason that it will last at least two (2) months, both parties may dissolve in writing the Agreement in whole or in part, without parties being obligated to pay any damages to each other.

16.3 Force majeure shall be taken to mean each event beyond DARO control, which impedes the fulfillment of its obligations in whole or in part towards Customer, or due to which DARO cannot be required in reason to fulfill its obligations, irrespective of whether this event was also foreseeable at the time of concluding the Agreement. These events shall include inter alias: strike, power failures, fire, engineering interruption, discontinuation and/or government measures, as well as the absence of any permit to be obtained from the public authorities, and/or other problems that manifest itself, beyond DARO control, at DARO, DARO suppliers, and/or in the transportation provided by DARO itself and/or third parties.

17.1 In the event of failure by Customer to fulfill any obligation arising for it from any Agreement and/or these Terms and Conditions, and/or to fulfill same by the stipulated date, Customer shall be in default without any notice of default, and DARO may suspend the performance of that Agreement and agreements directly related thereto (e.g. on transportation by third parties), until payment will have been guaranteed sufficiently, or dissolve that Agreement and agreements directly related thereto in whole or in part.

18.1 DARO is the exclusive owner or, as the case may be the licensee, of any and all intellectual property, including but not limited to opyrighted works, logos, tradenames, trademarks, designs and patents (“Intellectual Property”) used in its Publications, and may not be copied or used except as permitted with the prior written permission of DARO or, if DARO is not the owner, the owner of such Intellectual
Property.

19.1 Without DARO permission in writing, Customer may not transfer in whole or in part its rights and/or obligations arising from an Agreement with DARO.

19.2 DARO may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to DARO.

19.3 All disputes between DARO and Customer arising from, or related to an Agreement concluded between them, also those requiring urgent settlement, shall only be submitted to the Instance of Bonaire. 

19.4 These Terms and Conditions and all other agreements between DARO and Customer shall exclusively be governed by the laws of
Bonaire.