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Terms and Conditions of Use of Website
Access to this Website and the use of information on it is subject to these Terms and Conditions of Use. You should carefully read these Terms and Conditions of Use. By proceeding further, you will be deemed to have accepted them.
In these Terms and Conditions of Use, the following terms shall have the meanings indicated:
• "Terms and Conditions of Use" - means the terms and conditions of use of this Website herein contained;
• "Website" mean this website, being a website accessible at or via any or all of the following internet addresses:
• "you" means any and all persons accessing or using this Website and/or availing of any information and/or services available on or via this Website;
• "we" and "our" and "us" means this company and owner of the website.
Governing Law and Jurisdiction
Information appearing on this Website is provided in accordance with and subject to the laws of and the laws of govern the conduct and operation of this website. The courts of have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with these Terms and Conditions of Use, the information contained on this Website, and any use made of that information. Any such claims or disputes shall be resolved in accordance with the laws of .
Disclaimer as to accuracy of information
Care has been taken in the preparation of the information contained on this Website. However, we do not make any representations or warranties as to the accuracy of the information contained on this Website.
Prohibited use of Website
The information on this Website is not intended to be provided to and should not be used in any State or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this Website or otherwise. If you have any doubts about the legality of your using this Website, you should not continue any further.
• This Website contains hypertext links to websites not maintained by us or any member of our company. We do not endorse or represents the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other websites. No member of our company is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such websites. We hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result either: (a) of accessing or using such websites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such websites. The use by you of such websites is at your sole risk.
• This Website contains hypertext links to websites maintained by us. You are reminded that different terms and conditions of use may apply to you as a user of such websites.
• No third party is permitted to create a link from another website to this Website without our prior written consent.
Alert - Hoax Emails
A number of organisations and their customers have recently been the target of hoax e-mails that are aimed at gathering Internet/account details of the customers. Some of these hoax e-mails have encouraged or facilitated contact with hoax websites that purport to be (but are not) the website of the relevant banking organisation. To date the occurrence of such online fraud has not been extensive. However, we would always advise you to be cautious as regards disclosing your personal details. In particular, you should note that we will only ever request your personal details if: (i) you are seeking to initiate an order via this Website; or (ii) you initiate a request for a particular service via this Website, and we require certain of your personal details to provide you with the requested service.
We are committed to ensuring the privacy of your information and seeking to attain the highest standards of security at all times. However, you should note that messages and information passing over the Internet may not be free from interference by third parties and should be independently verified. You should never disclose data over the Internet unless you have satisfied yourself as to the security of the related technology/encryption.
Whilst we invest in the best technology, please note that we cannot guarantee the privacy or confidentiality of information relating to you that passes over the Internet. In accessing this Website and in availing of any of the services/information available on or via this Website, you are deemed by these Terms and Conditions of Use to accept that electronic mail messaging and Internet communication may not be free from interference by third parties and may not remain confidential.
In all circumstances the use by you of this Website is at your sole risk.
Attempted use of Website
These Terms and Conditions of Use shall also apply, subject to alteration as necessary, to attempted access of the Website and attempted use of information on it.
• In the event that any provision in these Terms and Conditions of Use is held to be unenforceable or invalid, such provision shall be severed and the remaining provisions shall be enforceable to the fullest extent permitted by the laws of .
• Clause headings in these Terms and Conditions of Use are for reference purposes only and shall not be used to construe or determine the meaning of any or all of these Terms and Conditions of Use.
It is a condition of use of this site that all copy and material shown here remains the property of Go Dutch and may not be reproduced, quoted or disseminated without prior written approval of the owners.
Terms And Conditions For Orders
These terms and conditions (the "Terms and Conditions") are the terms and conditions upon which ("we/us") makes this website available to you and any of our services which are accessible. These Terms and Conditions govern your use of the website. The numbers and headings of each paragraph have no meaning in the context of the condition described and are for guidance only.
• Website Products
1.1 All Products as depicted on this website (as may be varied from time to time) are available for delivery almost everywhere in , the UK, Channel Islands, and Isle of Man – or as otherwise directed. For Deliveries to other countries please consult the Worldwide Service - Flowers Delivered Abroad section of the website. Special conditions apply.
1.2 Certain products may be delivered by us in bud to ensure longer life.
1.3 Some Products, Flowers and Plants may be harmful or poisonous, if you require further information before submitting an order please contact us using the contact details on our website.
1.4 All our Products are subject to availability. In the event of any supply difficulties, we reserve the right to substitute a Product of equivalent value and quality without notice.
1.5 In the event that we are unable to supply the Product or any substitute product to you at all, we shall notify you as soon as is reasonably possible and shall reimburse your payment in full and in any event no later than 30 days after the intended delivery date.
1.6 We are unable to offer alcohol or other Finishing Touches with products ordered for delivery to countries outside those listed in 1.1. Furthermore we are unable to offer ANY alcohol for delivery in .
• Prices Displayed On the website May Be Changed Without Notice
2.1 Prices listed within our Service are valid for a maximum of 14 days of submitting your purchase form. Prices that change after this period will be advised in advance and you will be offered the opportunity to cancel your order.
2.2 Prices include VAT for deliveries within the , the UK and Channel Islands, but exclude Flowers Delivery
• Orders / Payment
3.1 You will be given clear instructions to follow to navigate the Order Form and you shall be required to provide us with your complete personal details, including accurate postcode, together with those of the intended recipient and all necessary payment details. We accept payment by all major credit and/or debit cards valid for use in . By clicking on the 'check out' button on the Order Form, you are consenting to be bound by our terms and conditions contained in these Terms and Conditions and appearing anywhere on the website.
3.2 Submitting your Order Form is subject to our acceptance of this offer when we issue a written confirmation of acceptance by e-mail to the e-mail address with which you have addressed us. This message will re-confirm elements of the order(s) you have placed including confirmation of your delivery Date. We will not consider ourselves bound by a contract with you until we have issued this confirmation.
3.3 We will confirm your order details and advise you that we are processing your purchase when we e-mail you. You are responsible for ensuring the detail of your order. Please read your confirmation carefully as we will assume the detail shown to be correct and will not accept liability for errors not advised to us prior to delivery.
3.4 We cannot accept Order Forms from customers under the age of eighteen (18) years.
4.1 Delivery Charge as advised in our delivery section will be applicable. If you request delivery to remote areas which are not normally delivered to by us you will be advised of any additional charges as soon as possible after receipt of your Order Form. Selected products are not available for delivery to certain areas - where possible we will advise you of these restrictions when you place your order.
4.2 Should you require your delivery to be made within a specific time period we are able to offer the following delivery services :
4.2.1 'Before 1pm'/'after 1pm' service is available in addition to the Delivery Charge. The service is offered to flower orders for delivery within the , UK, Isle of Man and Channel Islands. Should you require this delivery service, your Order Form must be submitted (requesting this service) by 1pm 24 hours in advance of the required delivery date (1pm Saturday in the case of Monday deliveries). This delivery service is offered subject to availability and is not available for certain products – the service may be withdrawn without notice during busy periods.
4.2.2 '3 hour delivery' service is available as an addition to the Delivery Charge . The service is offered for flower orders to selected delivery locations within , UK , Isle of Man and Channel Islands . Should you require this delivery service, you must 'add' this to your product basket BEFORE completing your Order Form which must be submitted at least 3 hours in advance of the required delivery time. Delivery Time may only be between noon and 6pm Irish Time. This delivery service is offered subject to availability and is not available for certain products – the service may be withdrawn without notice during busy periods. This delivery option is not available for orders requesting Champagne as part of the order.
4.3 On acceptance by us of your Order Form we will advise you by e-mail confirmation of the intended delivery date. Where same day delivery is available for the product you are ordering for delivery within , the UK, Isle of Man and Channel Islands we must receive your Order Form by 2pm (prevailing local time).
Delivery of selected alcohol products may be made within a 48 hour period of the requested delivery date - if this is the case for the product you are ordering we will advise you as soon as practical after you have placed your order.
We will process Order Forms received on Sundays or Public Holidays on the next working day.
We do not deliver on Sundays or public holidays. Orders submitted in advance of such days will be delivered on the day prior but in the case where this proves impractical we will deliver the Flowers product you request on the next working day.
4.4 Incorrect personal details may lead to problems or delays in delivery, so before placing your order, please ensure that you have included the full address details, including accurate postcode of the intended recipient and telephone number, together with your daytime contact telephone number or e-mail address so that we can notify you in the event that any delivery problems are encountered. We highly recommend that you provide us with your Mobile Number for this purpose.
4.5 Certain products may be delivered during a delivery period, providing delivery within a time frame around your preferred delivery date - if this is the case for your order, we will advise you after you have completed your order form.
4.6 Whilst we agree to use all reasonable endeavours to ensure that delivery will be on the requested delivery date or during the delivery period you acknowledge that actual delivery will be via a local florist or for certain orders via third party courier or postal service and in very occasional circumstances delivery on the requested terms will not be possible. In such circumstances you will be given prior notice wherever possible and we shall either make alternative arrangements or shall reimburse your payment in full in accordance with clause 1.5 above. Orders fulfilled via courier or postal services will be despatched the day prior to the nominated delivery date.
4.7 In the case of delivery to certain locations where a third party is involved, such as offices, hospitals, Funeral Directors, airports, hotels, ships and other business locations, the signature of any person authorised to accept delivery on behalf of the organisation shall be accepted as proof of delivery to your chosen recipient. Please be advised that we are unable to deliver alcohol products to Funeral Directors, Hospitals, airports or ships.
4.8 In respect of orders outside , the UK and Channel Islands delivery shall be made as soon as is reasonably practicable but you acknowledge that delivery on the intended delivery date, particularly in respect of orders received for same day delivery or for Sundays and Public Holidays, cannot be guaranteed.
4.9 It is possible to select a preferred delivery time within the order process for items ordered from the 'Sympathy' &'Funeral' product ranges. This option should be used only for orders requesting delivery to funerals or funeral parlours. Whilst every effort will be made to ensure your order is delivered prior to the time selected, no guarantee for delivery by the time specified can be given. To assist us in meeting your preference, please ensure your order is placed at least one working day prior to the preferred delivery time.
4.10 In the instance of there being difficulties in delivering your order to the intended recipient we (including the florist or third party delivering your order) reserve the right to contact the recipient using the contact details you provide on the Order Form.
4.11 When placing your order you are able to specify further delivery information using the 'Delivery Information' field provided. This is intended to provide further guidance to the party delivering your order which isn't included within your address information – for example to specify floor number, or hospital ward. We reserve the right to not action any delivery requests specified in this field which we deem unacceptable and will use other elements of address information provided elsewhere on the order form to fulfil your order.
4.12 Before placing your order, please review delivery cut-off times & prices - accessed from the website home page .
4.13 Delivery Charges. Where more than one attempt to complete delivery is necessary, because of any inadequacy in the information provided for delivery purposes or where the recipient was unavailable to accept delivery, the delivery charge portion of an order may be charged again, using the payment details provided with your original order.
A notification of the charges will be sent by email to the email address provided as part of the order process.
5.1 Orders may be amended or cancelled up to 24 hours before the intended delivery date for , UK and Channel Islands . Where delivery is to be made via courier or other third party carrier orders can be amended or cancelled up to 3 working days prior to delivery date requested Where delivery is to be made outside and the UK please provide notification 48 hours before the intended delivery date.
5.2 To amend or cancel your order, please contact us from 9 am until 6pm Monday to Friday and 9am until 5pm on Saturday using the contact details set out in the website.
5.3 You are entitled to cancel any payment at any time where fraudulent use has been made of your credit or debit card by another person not acting on behalf of you or as your agent and to be re-credited by us to the extent that such sums are not reimbursed by the card issuer in such circumstances.
• Customer Services
6.1 In the event that you are not satisfied with the Service any complaints should be addressed in the first instance to our Customer Service team using the contact details set out in the website contact us page.
You are always welcome to send comment, critical or complimentary to us.
6.2 Our Customer Service Team is available from 9 am until 6pm Monday to Friday and 9am until 5pm on Saturday.
6.3 Because of the perishable nature of most Flower Products and in order to assist us in resolving any complaints quickly and to our mutual satisfaction, we advise you to make any complaint within 1 working day of the date of delivery or intended delivery of your purchase.
7.1 Whilst we agree to use our reasonable endeavours to ensure that the website and Service is fully operational and error-free we cannot guarantee this and, therefore, accept no responsibility for any defects and/or interruption of the website and/or the Service and shall be released from our obligations under these Terms and Conditions in the event of any cause beyond our reasonable control which renders the provision of the website and/or the Service impossible or impractical.
7.2 (a) We accept liability for death or personal injury arising from our negligence.
(b) Subject to clause 7.2(a), our liability in contract, tort (including negligence and breach of statutory duty) or otherwise arising by reason of or in connection with your Order Form with us shall be limited to a multiple of  times the price you have paid for the Flower Products.
(c) Subject to clauses 7.2(a) and 7.2(b) above we exclude all liability for any claims, losses, demands and damages, including without limitation, any costs, loss of profits, loss of contracts or business opportunity, loss of data and any other consequential, incidental, special or punitive damages, even if we have been advised of the possibility of such damages, arising directly or indirectly out of or in any way connected with your use or inability to access the website and/or the Service, whether arising in contract, tort (including negligence), under statute or otherwise PROVIDED THAT nothing contained in these Terms and Conditions affects or will affect your or the recipient's statutory rights in relation to the quality, fitness or description of the Flower Products supplied.
(d) Subject to clauses 1.5 and 4.6 above, we shall not be liable for any delay or inability to perform our obligations to you if such delay is due to any cause whatsoever beyond our reasonable control.
• Use of voucher codes
8.1 ‘Discount voucher codes' (also abbreviated to 'Voucher codes') can only be used against purchases made on the website.
8.2 Voucher codes may only be redeemed on the website - we are unable to accept voucher codes through our Telesales or Flowers shops.
8.3 Voucher codes may be redeemed against purchases for delivery to Irish and UK addresses only. Selected voucher codes may be restricted for use against specified products only.
8.4 Voucher codes are restricted to one use per customer and should not be passed on to additional recipients.
8.5 Voucher codes must be entered at the point of placing your order on the website using the relevant part of the order form.
8.6 We are unable to apply a discount to orders already placed.
8.7 Voucher codes cannot be used in conjunction with any other promotions.
8.8 Only one voucher code may be used per order.
8.9 Where the voucher code entitles you to a percentage discount, the discount will not be applied to the delivery charge ('delivery' includes additional delivery services, which are charged in conjunction with Delivery, for example 'before 1pm delivery' surcharge).
8.10 Voucher codes may be withdrawn, or suspended without notice for any reason. We will advise after you complete the order process if we cannot accept the discount code you have entered.
8.11 Selected voucher codes may be restricted for use against specified products - where possible, details of further restrictions will be communicated at the point where we promote the voucher code to you.
8.12 Voucher codes may also be set by us to a maximum number of redemptions – if we are not able to accept the discount code you have entered for this reason we will advise you accordingly after you complete the order process and the discount will not be applied.
8.13 Vouchers codes cannot be exchanged for a cash alternative.
8.14 We are unable to accept Gift Vouchers by email.
8.15 We cannot be held responsible for non-availability of the website which may prevent use of Voucher codes.
• Alcoholic gifts
We do not offer alcoholic gifts on our website.
10.1 We reserve the right to supplement and amend the Terms and Conditions on which you are permitted access to the website from time to time. We will post any changes on the website and it is your responsibility as a customer to review the Terms and Conditions on each occasion you access website. Changes will be effective five (5) hours after the posting of any such change and all subsequent dealings between you and us shall be on the new terms and conditions.
10.2 Additionally, we reserve the right to suspend, restrict or terminate access to the website for any reason at any time.
10.3 These Terms and Conditions shall be deemed to include all other notices, policies, disclaimers and other terms contained on the website, provided that in the event of a conflict between any such other notices, policies, disclaimers and other terms, these Terms and Conditions shall prevail. If any of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
10.6 Save in respect of fraudulent misrepresentation, this agreement (including any documents and instruments referred to herein) supersedes all prior representations, arrangements, understandings, and agreements between you and us (whether written or oral) and sets forth the entire agreement and understanding between you and us relating to the subject matter hereof.
10.7 Your purchase will be deemed to have occurred in . These Terms and Conditions shall be governed by and construed in accordance with Irish Law and the parties agree to submit to the exclusive jurisdiction of the courts of .
11.2 It is a condition of use of this site that all copy and material shown here remains the property of our company and may not be reproduced, quoted or disseminated without prior written approval of the owners.
My Account Service - Terms And Conditions
1 .The website My Account service ( 'my account' ) is provided as a complimentary feature by us for your personal use subject to these Terms and Conditions. In order to provide the Service, we will hold certain personal information. Except to the extent that we are required or permitted by law, any personal information which we collect will be used solely for the purposes of providing the Service.
2 . To register with the Service you must be over eighteen years of age.
3 . When you place your first order with us you will be issued with a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us immediately. Should you forget your password, please use the password reminder service (this option can be found adjacent to the My Account login box).
4 . If we have reason to believe that there is likely to be a breach of security or misuse of the Service or site, we may require you to change your password, or may suspend use of the Service.
5 . You must ensure that the details you provide on registration or at any time are correct and complete.
6. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. You can update the details you have given us at any time by going to the 'My Account' section of the website or emailing us. This will ensure that the Service we provide is accurate and up to date. Please also visit this page OR email us if any of the information that we hold about you is incorrect or needs updating, or if you want us to delete any personal information.
7 . Use of the Service is intended to assist with purchases to be made via the website. The Service must not be used for the following purposes:
a) Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
b) Gaining unauthorised access to other computer systems.
c) Interfering with any other person's use or enjoyment of the Site.
8. We reserves the right to refuse to post material on the Site, or to remove material already posted on the Site.
9 . Whilst we take every reasonable precaution and care in relation to the Service, we do not make any representation or warranties of any kind (express or implied) with respect to the contents or operation of this Service, and any such representations and warranties are excluded by this notice. We do not warrant that use of the Service will be uninterrupted or error free. Whilst every effort is made to ensure reminder emails set up on your account are processed and delivered as requested, we cannot be held responsible for non-delivery of these messages. Your use of the Service is done so entirely at your own risk and we do not accept any liability whatsoever for losses or damages that you may suffer as a result of your use of the Service.
10 . Your access to the Site and Service may be occasionally restricted to allow for routine maintenance.
12. If you have any queries please contact us using the details on the website.
13 . We have obligations in relation to your personal information under the Data Protection Act. Some of the information you provide may be "sensitive" information under the Act (i.e. information on "delicate" matters, including race, political opinions, religion, trade union membership, physical or mental health or condition, sexual life etc). By registering for the Service and providing your details, you agree to us using information in the way set out above.
Where you provide information about other people (for example their date of birth, or their address) you also confirm that have the consent of these people to provide us with that information
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully in accordance with the Data Protection Acts 1988 and 2003 .
We collect information about you for two reasons: firstly to process your order and secondly, to provide you with the best possible service. We never give your details to any other person or company. Once your order has been processed our database will only be used to contact you or send you email in the future where you have consented by indicating this consent in our online order system. You can also indicate this consent by registering your details on our home page. If you object to any communication from us you can have yourself removed from our communication database at any time by contacting us using the details set out on our website.
We collect the following information during our order processing: Your name and address, phone number and or mobile number, e-mail address, credit card details and order history. If you consent by registration we collect the information you opt to enter. We never collect other sensitive information about you.
When you place an order with us on line you will be allocated a password and can see your registration details or delete them by accessing 'your Account' on the home page. If you forget your password you can request that it be sent to the registered email address.
The information will be accurate and up-to-date. If you registered online, you can check the information we hold about you by visiting 'your account' on the website where you can delete or correct your details or by e-mailing us. If you find any inaccuracies you may delete or correct them or we will delete or correct promptly.
If you provided your details to us by telephone or in person this information will not be available online, although it will be retained in our back office database. You may request a copy of the information we hold by writing to us. Similarly, you can advise changes to your contact information and it will be amended immediately on request.
Our Website is protected under thwate certificate which allows secure communication between the web site and visitors to the site. The purchase area of our site is secured using industry standard Secure Socket Layer technology to allow for encryption of potentially sensitive information such as your credit card details. Once your payment has been processed the credit card details are deleted. We do not retain your credit card number or expiry date within a database.
We will hold your personal information securely in accordance with our data security policy and the law.
We do not use 'cookie' technology to retain information about your visits to the site except where you have checked the box to allow you easier registration when you visit the site again.
It is a condition of use of this site that all copy and material shown here remains the property of Go Dutch and may not be reproduced, quoted or disseminated without prior written approval of the owners.
Returns & Refunds Policy
Guarantee of Satisfaction
We offer a no quibble guarantee in regard to the quality of our products. To avail of this guarantee we must be advised within 3 days of delivery. We guarantee to replace defective items immediately with the same product or an alternative product (of equal or greater value) and to your satisfaction.
Note; We guarantee fresh flowers to last for a minimum of 5 days, provided the care instructions sent with your flowers have been followed. In the unlikely event that your flowers do not last a minimum of 5 days we undertake to replace the flowers contained in your purchase with fresh flowers or an alternative product (of equal or greater value) and to your satisfaction.
We must be informed within 8 days of delivery and the original flowers must be made available for return
To advise us of failure of flowers to last the guaranteed 5 days, please contact us. You should quote your Order Number (not your customer code) and your Name and the email address used to place the original order.
Non Floral Product
In the event of that a non-floral product is found to be defective we guarantee to replace the item with the same item or an item of (of equal or greater value) and to your satisfaction.
Nothing contained herein will affect your statuary rights.
Not Satisfied With Product Delivered
If for any reason you or your intended recipients are unhappy with your purchase, you must advise us within 3 days of the date the item was delivered, and we will replace the item or issue a full refund for the price you paid for the item. In some instances the delivery charge may not be refunded (Read our complete Returns Policy).
Please note that we cannot accept returns that are notified after 3 days
You can expect a refund in the same form of payment originally used for purchase within one week of our receiving your return.
To advise us of your complaint, please contact us. You should quote your Order Number (not your customer code) and your Name and the email address used to place the original order.
Order not Delivered or Delivered on Wrong Day
Note: Our normal delivery charge does not guarantee a time of delivery. We do offer a premium delivery service, in some circumstances. It is your responsibility to ensure you have 'added' this feature to your order to ensure provision of that service. The timed options are not available in all circumstances. Where you have elected to purchase premium delivery and the service is unavailable we undertake to refund (or to not charge) the relevant portion of the fee.
In the unlikely event that your order is not delivered as requested, and provided such failure is not as a consequence of failure on your part to provide accurate information to enable delivery you must advise us as soon as you become aware of this, but not later than 90 days after the originally specified delivery date.
To advise us of non-delivery, please contact us. You should quote your Order Number (not your customer code) and your Name and the email address that you used to place your order. We undertake to respond to your complaint in as short a time frame as possible, but not later than 3 working days.
If delivery has not taken place we undertake to complete the delivery to your satisfaction immediately Or
Refund your money in full.
Note: In some instances the delivery charge may not be refunded (Read our complete Returns Policy)
You can expect a refund in the same form of payment originally used for purchase within one week of our receiving your return.
We regret that we cannot accept complaints of non-delivery made after 90 days.
In such event no refund is possible.
Where we are unable to complete a delivery, because of any inadequacy in the information provided for delivery purposes or where the recipient was unavailable to accept delivery, the delivery charge portion of an order may not be refunded. If this is the case you will be advised of this.
Where more than one attempt to complete delivery is necessary, because of any inadequacy in the information provided for delivery purposes or where the recipient was unavailable to accept delivery, the delivery charge portion of an order may be charged again, using the payment details provided with your original order. A notification of the charges will be sent by email to the email address provided as part of the order process.
It is a condition of use of this site that all copy and material shown here remains the property of Go Dutch and may not be reproduced, quoted or disseminated without prior written approval of the owners