Terms Of Use 2016-11-07T08:13:43+00:00

TERMS AND CONDITIONS

The Terms and Conditions of product and/or service sales are limited to those contained herein. Any additional or different terms or conditions in any form delivered by you (“customer”) are hereby deemed to be material alterations and notice of objection to them and rejection of them is hereby given. By accepting delivery of the products or by engaging Globe Trading LTD (“seller”) to provide product or perform or procure any services, customer agrees to be bound by and accepts these terms and conditions unless customer and seller have signed a separate agreement, in which case the separate agreement will govern. Any general description of the types of products or services and results thereof posted on any seller website or mobile application do not constitute part of the agreement between seller and customer. All contents posted on this site, such as text, graphics, logos, labels, button icons, images, products names, trademarks, digital downloads, data compilations, and software, are the property of dtginks.eu or their respective suppliers/manufacturers, and protected by the Bulgarian laws and in accordance with international agreements.

Governing Law

These terms and conditions, any statements of work, the services hereunder and any sale of products hereunder will be governed by the laws of the Bulgaria, without regard to conflicts of laws rules. Any arbitration, enforcement of an arbitration or litigation will be brought exclusively in Bulgaria, and customer consents to the jurisdiction of the courts located therein, submits to the jurisdiction thereof and waives the right to change venue. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms and Conditions more than one (1) year after the cause of action has arisen. The rights and remedies provided Seller under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.

Payment

Orders are not binding upon the Seller until accepted by the Seller. Customer agrees to pay the total purchase price for the Products plus shipping Customer will pay for the Services as invoiced by Seller. All the orders are pre-paid via paypal,visa,mastercard before they shipped. Customer will pay for, and will indemnify and hold Seller and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation. In the event of a payment default, Customer will be responsible for all of Seller’s costs of collection, including, but not limited to, court costs, filing fees and attorneys’ fees. In addition, if payments are not received as described above, Seller reserves the right to suspend Services until payment is received.

Pricing Information; Availability Disclaimer

Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer’s orders. If Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only.

Return Privileges

All products purchased on the firebirdink.com website are final without return. In case of any damaged products customers must notify Globe LTD within seven (7) days of receipt by email in sales@dtginks.eu or by calling at +359877440276.

Credits

Any credit issued by Seller to Customer for any reason must be used within one (1) year from the date that the credit was issued and may only be used for future purchases of Products and/or Services. Any credit or portion thereof not used within the one (1) year period will automatically expire.

Limitation of Liability

Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, will seller, its affiliates or its or their suppliers, subcontractors or agents be liable for: (a) any incidental, indirect, special, punitive or consequential damages including but not limited to, loss of profits, business, revenues or savings, even if seller has been advised of the possibilities of such damages or if such damages are otherwise foreseeable, in each case, whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (b) any claims, demands or actions against customer by any third party; (c) any loss or claim arising out of or in connection with customer’s implementation of any conclusions or recommendations by seller or its affiliates based on, resulting from, arising out of or otherwise related to the products or services. In the event of any liability incurred by seller or any of its affiliates, the entire liability of seller and its affiliates for damages from any cause whatsoever will not exceed the lesser of: (a) the dollar amount paid by customer for the product(s) giving rise to the claim or the specific services giving rise to the claim; or (b) $ 5,000.00.

Firebird Ink products are sold directly FOR PROFESSIONAL USE ONLY. No warranty is expressed or implied with the use of Firebird Ink products. No existing parts or consumable printer items are liable for repair or replacement upon use of Firebird Ink products. This list includes but not limited to: printhead, cartrdiges/dampers, tubing, and or ink delivery system.

Confidential Information

Each party anticipates that it may be necessary to provide access to information of a confidential nature of such party, the Affiliates or a third party (hereinafter referred to as “Confidential Information”) to the other party in the performance of this Agreement and any Statement of Work. “Confidential Information” means any information or data in oral, electronic or written form which the receiving party knows or has reason to know is proprietary or confidential and which is disclosed by a party in connection with this Agreement or which the receiving party may have access to in connection with this Agreement, including but not limited to the terms and conditions of each Statement of Work. Confidential Information will not include information which: (a) becomes known to the public through no act of the receiving party; (b) was known to the receiving party, or becomes known to the receiving party from a third party having the right to disclose it and having no obligation of confidentiality to the disclosing party with respect to the applicable information; or (c) is independently developed by agents, employees or subcontractors of the receiving party who have not had access to such information. To the extent practicable, Confidential Information should be clearly identified or labelled as such by the disclosing party at the time of disclosure or as promptly thereafter as possible, however, failure to so identify or label such Confidential Information will not be evidence that such information is not confidential or protectable.

Each party agrees to hold the other party’s Confidential Information confidential for a period of three (3) years following the date of disclosure and to do so in a manner at least as protective as it holds its own Confidential Information of like kind but to use no less than a reasonable degree of care. Disclosures of the other party’s Confidential Information will be restricted (i) to those individuals who are participating in the performance of this Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes of providing or receiving the Products or Services or otherwise in connection with this Agreement or the applicable Statement of Work, or (ii) to its business, legal and financial advisors, each on a confidential basis. Each party agrees not to use any Confidential Information of the other party for any purpose other than the business purposes contemplated by this Agreement and the applicable Statement of Work. Upon the written request of a party, the other party will either return or certify the destruction of the Confidential Information of the other party.

If a receiving party is required by law, rule or regulation, or requested in any judicial or administrative proceeding or by any governmental or regulatory authority, to disclose Confidential Information of the other party, the receiving party will give the disclosing party prompt notice of such request so that the disclosing party may seek an appropriate protective order or similar protective measure and will use reasonable efforts to obtain confidential treatment of the Confidential Information so disclosed.