Client: any individual or legal person with whom DOMEO does business.
Agreement: any agreement between DOMEO and the Client concerning the goods and/or services to be provided by DOMEO.
The Parties: DOMEO and the Client.
Equipment: tents, lodges, villa-tents, furniture, accessories and goods provided and installed by DOMEO on behalf of the Client.
DOMEO: trademark owned by Creativ’ International whose registered office is Cong Ty Creativ International Ltd, Bitexco Financial Tower, Suite 46, 2 Hai Trieu Str., Distr.1, Phuong Ben Nghe, Ho Chi Minh City, Vietnam, MST: 0313632367 and acting as DOMEO, DOMEO Luxe Glamping and DOMEO Mobile Spaces.
These general conditions apply to all offers, quotations and requests, as well as to all business between DOMEO and the Client.
Any derogation from these general conditions will only be valid if it has been confirmed in writing between DOMEO and the Client.
DOMEO is not bound by any general conditions of the Client.
These General Terms and Conditions are not modifiable unless agreed in writing by the parties
All offers and quotes of DOMEO are without commitment, unless agreed in writing, and are valid for a period of 30 days. DOMEO is only bound by the offer once accepted by the Client within the limit of validity.
To be valid, the quote or offer must be approved in its entirety, in case of partial acceptance or modification, a new offer must be established and confirmed in writing.
These are the clauses of the Final Contract that prevail over these General Terms and Conditions.
Under no circumstances the Client can transfer the Contract to a third party without the written permission of DOMEO.
The models, images, drawings or examples in DOMEO’s catalogues, specifications and offers are only illustrations of equipment and goods and may differ from the final product.
The Client can’t claim any right, benefit or title deed from the designs, concepts, methods, manufacturing processes which are the sole and exclusive property of DOMEO, Creativ’ International, its trademarks, partners and suppliers.
The Client is responsible for transmitting to DOMEO within the deadlines all the information for the proper execution of the Contract when requested. Under no circumstances DOMEO can be held responsible for delays or errors caused by inaccurate, incomplete or late information.
The Client is responsible for applying and obtaining the necessary permits before starting the execution.
In case of necessary modification or extension of the contract for its proper execution, DOMEO will proceed to its immediate modification, the Client accepting the adjustment of the agreed price and the duration of execution without any penalty.
DOMEO is free to have all or part of the Contract executed by third parties.
The deadlines included in the Contract are indicative and may be subject to changes when necessary, in coordination with the Client.
The prices specified in the Offer, Quotation and/or Contract are US dollars and do not include local taxes and other government fees as well as other costs that may be incurred for the performance of the Contract such as travel and accommodation expenses, postal and administrative costs, which will be anticipated when possible.
Unless otherwise stated on the invoice, payment must be made within 10 days of the invoice date.
DOMEO may request a sufficient guarantee from the Client to ensure the execution of the Contract, which can only start after its payment.
In case of non-compliance by the Client of his payment obligations, he will be considered in default and will have to pay a minimum penalty of 500USD taxes excluded, the costs that DOMEO might be charged by third parties and a minimum interest of 13% of the amount remaining to be collected. Payments are used first to settle the due interests and fees and only then overdue amounts.
DOMEO remains the sole and exclusive owner of the goods and equipment already sold until full payment by the Client who cannot modify, transmit, pledge or sell the goods and equipment until he has fully fulfilled his contractual obligations.
In the event that a third-party claims rights or wishes to take measures on the goods and equipment, the Client must inform DOMEO without delay and notify the third party of the non-transfer of ownership.
In the situation where measures are taken by third parties beyond the control of the Client, he must inform DOMEO within 24 hours and, if necessary, take measures to prevent it. DOMEO is entitled to take all measures it deems necessary, including on behalf of and at the expense of the Client.
The Client is obliged to properly maintain the goods and equipment sold as well as to ensure them properly by clearly indicating them as still being DOMEO’s property.
The Client must comply to DOMEO’s requests and to cooperate in the delivery of goods and equipment owned by DOMEO.
The Client is must to take delivery of the Goods and Equipment at the agreed place and time. In case of delay or postponement, any additional storage fees and delivery costs are under the responsibility of the Client.
Delivery of all Goods and Equipment means Ex Works, unless otherwise agreed in writing.
The delivery of goods and equipment can be carried out in stages.
The transfer of risk of the goods and equipment delivered to the Client is effective as soon as they leave the DOMEO warehouse.
The Client is shall verify the accuracy and quantity of the goods and equipment upon receipt.
In the event of complaints concerning the execution of the Contract, the Client is obliged to inform DOMEO in writing of the points of disagreement within eight days. After this period, no further claims will be acceptable.
Domeo offers a minimum warranty of 12 months which can vary depending on the goods and equipment up to a period of 3 or 5 years. The warranty period starts from the expected date of delivery even in case of postponement of taking delivery by the Client. Any defect found after this period cannot be DOMEO liability.
The warranty is covered by each of the manufacturers concerned. The costs to ship and return the concerned goods and equipment to the DOMEO’s warehouse remain the responsibility of the Client.
The warranty does not apply to the following situations:
To second-hand equipment;
In case of misuse by the Client;
If the instructions, such as maintenance and safety procedures, are not respected;
In case of incorrect installation by the Client or by third parties engaged by the Client;
In case of voluntary or involuntary modification by the Client and/or third parties without the prior written authorization of DOMEO;
As long as the Client has not fully fulfilled its obligations and payments;
If DOMEO branding, names or trademarks are removed or modified;
In case of circumstances beyond the control or control of DOMEO such as intentional or involuntary damage, vandalism, weather conditions, natural disasters, major forces, etc.
In the event of an accepted claim covered by the warranty, it is up to DOMEO to decide whether to repair the defect or replace the equipment.
Unless there is an intentional or deliberate reckless act on his part, DOMEO is in no way liable for the use and maintenance incumbent on the Client, as well as any events that may affect the goods and equipment neither any indirect damage such as losses due to business interruption. DOMEO is also not liable for damages due to third parties engaged by DOMEO. The duration of claim by the Client or third parties against DOMEO is limited to one year after the delivery of the equipment.
The term “Force Majeure” refers to all circumstances (planned and unforeseen) that occur outside the control or fault of DOMEO, but that affect the performance of its obligations. This includes weather conditions during which work cannot be performed, operational breakdowns, fire, burglary, sabotage, general lack of necessary raw materials, breach of contract by suppliers, weather conditions, roadblocks, accidents, transport difficulties, delivery problems suffered by third parties, computer failures, power outages and similar events.
In the event of force majeure, DOMEO may suspend or terminate all or part of the performance of the Contract without having to pay any compensation to the Client. In the event of a period of force majeure lasts more than six months, both parties have the right to withdraw from the contract without any obligation to repair the damage.
If, at the time of the circumstances of force majeure, DOMEO has already partially fulfilled its obligations or can still partially fulfill them, DOMEO is entitled to invoice the Client separately for the part performed or to be performed of the Contract, and the Client is must pay these invoices.
DOMEO is entitled to suspend the performance of the Contract or to terminate the Contract in whole or in part, without the need for formal notice or judicial intervention, and without prejudice to all other rights that DOMEO has, in the following cases:
The Client does not fulfil the obligations arising from the contract in whole or in part and in a timely manner.
In the event of non-payment, bankruptcy or total or partial liquidation of the Client, including from the moment such a request has been filed.
If DOMEO can no longer be able to comply with the Contract under the conditions initially agreed and/or according to the information provided by the Client.
If DOMEO terminates all or part of the Contract, DOMEO’s claims against the Client will be due. In this case, the Client shall to compensate DOMEO for the work already performed by DOMEO.
If the Client terminates all or part of the Contract, the Client shall indemnify DOMEO for all costs already incurred by DOMEO and damages suffered by DOMEO, including loss of profit.
All existing and future intellectual property rights, including but not limited to copyrights, including drawings, sketches and models, designs and concepts, manufacturing processes and installations are the exclusive property of DOMEO.
Under no circumstances is the Client authorized to use the elements for purposes other than the execution of the Contract without the written authorization of DOMEO, nor to make them available to third parties to obtain competing quotes, for inspection, nor to copy or use them in any way that they may prejudice DOMEO.
The Client authorizes DOMEO to use the Client’s name and media for reference and for promotional activities.
The Client is responsible for ensuring the confidentiality of the content of the Contract, communications and all conceptual, technical and commercial information received from DOMEO and brought to his attention.
The Client must without delay, at the request of DOMEO, destroy or delete all the information he has received, both physically and digitally, or return it to DOMEO.
All agreements between DOMEO and the Client are governed by Vietnamese law. The application of all other laws and regulations is not applicable. In the event of a dispute between DOMEO and the Client arising from the Contract falls within the jurisdiction of the court of Ho Chi Minh City.