Servicevoorwaarden
Algemene Voorwaarden van doo.FINANCE Nederland B.V.
These General Terms and Conditions of Sale (hereinafter the "GTCS") govern the sale of services by doo.FINANCE Network S.A., having its registered office at 4, Rue du Fort Wallis, L-2714 Luxembourg (RCS B283008) and its affiliated companies (collectively, "doo.FINANCE") to the customer.
Please read these terms and conditions carefully before concluding a services agreement with doo.FINANCE. The customer acknowledges having read and accepted the GTCS.
The customer expressly waives his own general terms and conditions of purchase, even if these have been drawn up after these GTCS. In order to be valid, any deviation from the GTCS must be expressly agreed in advance and in writing.
Our invoices are payable within 21 working days, unless another payment deadline is stated either on the invoice or on the initial order. In the event of non-payment on the due date, in addition to interest on arrears, the customer is liable to pay a flat-rate penalty of 10% of the invoice amount, with a minimum of €150. Any payment after the due date will be charged (i) on the indemnity, (ii) on the interest and finally (iii) on the price. doo.FINANCE is entitled to suspend all services without notice in the event of late payment.
Any dispute regarding an invoice must reach doo.FINANCE within 10 working days of the invoice date. After this period, the invoice will be considered irrevocably accepted by the customer.
For customers with a global presence, the applicable price is always based on the customer's location with the highest price list, unless otherwise specified in writing at the time of purchase.
doo.FINANCE S.A. undertakes to do its utmost to provide services on time and within the agreed deadlines (obligation of means). However, none of its obligations can be considered as an obligation of result. doo.FINANCE cannot be called upon by the customer to act as a third party in any action for damages brought against the customer by an end consumer. doo.FINANCE can only be held liable for gross negligence or intent, solely for direct damage. doo.FINANCE's liability is limited to 50% of the fees paid by the customer in the 12 months preceding the event giving rise to doo.FINANCE's liability. This limitation cannot be extended by multiple claims.
doo.FINANCE shall not be liable for delays or failure to provide its services due to reasons beyond its control. This includes, without limitation, the actions, omissions or failure to cooperate of the customer (including the customer's employees and agents), the actions, omissions or failure to cooperate of any third party, fire or other destructive event, natural disasters, strikes or other industrial disputes, acts of violence, epidemics or pandemics, including epidemics or pandemics of Covid-19 or monkey pox, or any law, order or injunction issued by any governmental or other authority.
To be considered valid, any complaint must be sent to doo.FINANCE’s registered office by registered mail within 8 days of the delivery of the goods or performance of the service.
doo.FINANCE reserves the right to modify these GTCS at any time and without prior notice. The customer is subject to the GTCS in force at the time of acceptance.
Our contractual relations shall be governed exclusively by Luxembourg law, except for conflict of laws rules. In case of a dispute, only the courts of Luxembourg City shall have jurisdiction.
Special terms and conditions for the Grand Duchy of Luxembourg
doo.FINANCE is bound by:
1.1. Professional secrecy
Article 458 of the Penal Code applies to Chartered Accountants and those employed by them. Chartered Accountants are obliged to respond and fully cooperate to any legal request made by law enforcement authorities in the exercise of their powers.
Chartered Accountants must inform, on their own initiative, the Cellule de Renseignement Financier (Financial Intelligence Unit) of the Parquet (Public Prosecutor's Office) at the Tribunal d'Arrondissement (District Court) in Luxembourg of any information that could be indicative of money laundering or terrorist financing, as provided by law.
Where applicable, Chartered Accountants and their employees must not disclose to the customer concerned or to third parties that they have provided information to the authorities or that an investigation is underway.
1.2. Obligation of discretion
In contrast to the previous obligation, regarding the information gathered by the Chartered Accountants and the distribution of the documents they have drawn up. Documents are sent to the customer only, and not directly to a third party, unless requested by the customer and agreed to by the Chartered Accountant.
1.3. Processing of personal data
To carry out its mission, doo.FINANCE must ensure compliance with the applicable legislation on the protection of personal data, in particular Regulation (EU) 2016/679 (hereinafter the "GDPR").
Depending on the circumstances, doo.FINANCE may be qualified as either a Data Controller or Subcontractor within the meaning of the GDPR. This qualification carries specific obligations for doo.FINANCE and the customer.
1.4. Special authorization for the filing of VAT and corporate tax returns in Luxembourg
The customer authorizes doo.FINANCE to file its returns electronically.