Terms of service

GENERAL TERMS AND CONDITIONS ASIO NL (LOCKTOWEL)

Email: locktowel@asionl.nl
Website: https://www.locktowel.com/

Article 1 – Definitions
1. Asio NL (LockTowel): Asio NL, based in Veldhoven, Chamber of Commerce number 80108865.
2. Customer: any natural or legal person who enters into an agreement with Asio NL (LockTowel).
3. Parties: Asio NL (LockTowel) and the Customer jointly.
4. Consumer: a Customer acting as a private individual and not in the course of a trade, business or profession.

Article 2 – Applicability
1. These general terms and conditions apply to all quotations, offers, orders, agreements and deliveries of products and services by or on behalf of Asio NL (LockTowel).
2. Deviations from these terms and conditions are valid only if agreed in writing.
3. The applicability of any general terms and conditions of the Customer is expressly excluded.

Article 3 – Prices
1. All prices are in euros, including VAT and excluding any additional costs, unless stated otherwise.
2. Asio NL (LockTowel) may change prices on the website or in other communications at any time.
3. Unforeseen increases in cost prices may be passed on to the Customer.
4. The Consumer may terminate the agreement if there is a price increase that does not result from a statutory provision.

Article 4 – Samples and models
1. Samples or models serve solely as an indication of the product, unless otherwise agreed in writing.

Article 5 – Payment and payment periods
1. Asio NL (LockTowel) may require a deposit of up to 50% when entering into the agreement.
2. Payment after delivery must be made no later than 1 day after delivery.
3. Payment periods are strict deadlines. If a deadline is exceeded, the Customer is automatically in default, without a further notice of default.
4. Asio NL (LockTowel) may suspend delivery or make it conditional on advance payment or the provision of security.

Article 6 – Right of reclamation
1. In the event of payment default, Asio NL (LockTowel) may invoke its statutory right of reclamation.
2. This is done by written or electronic notice.
3. The Customer must return the products concerned without delay.
4. Return shipping costs are borne by the Customer.

Article 7 – Right of withdrawal
1. The Consumer has the right to withdraw from an online purchase within 14 days without giving a reason.
2. The right of withdrawal is excluded for:
   - used products
   - custom-made or personalised products
   - products that cannot be returned for hygiene reasons and whose seal has been broken
   - digital content whose delivery has begun with the Consumer's consent
3. The cooling-off period starts on the day after receipt of the last product or after confirmation of delivery of digital content.
4. Withdrawal must be notified by email to locktowel@asionl.nl.
5. The Customer must return the product within 14 days of withdrawal.
6. If the product is not returned in time, the right of withdrawal lapses.

Article 8 – Reimbursement of delivery costs
1. In the event of timely withdrawal and return of the entire order, paid delivery costs will be refunded within 14 days.
2. This applies only if the entire order is returned.

Article 9 – Return costs
1. Return shipping costs are borne by the Consumer.

Article 10 – Right of suspension
1. Non-consumers waive their right to suspend performance of their obligations.

Article 11 – Right of retention
1. Asio NL (LockTowel) may retain products until all outstanding invoices have been paid.
2. This right also applies to claims arising from previous agreements.
3. Asio NL (LockTowel) is not liable for damage resulting from the exercise of this right.

Article 12 – Set-off
1. Non-consumers waive their right of set-off.

Article 13 – Retention of title
1. All delivered products remain the property of Asio NL (LockTowel) until the Customer has paid in full.
2. Until then, products may not be sold, pledged or otherwise encumbered.
3. When exercising retention of title, Asio NL (LockTowel) may claim damages and interest.

Article 14 – Delivery
1. Delivery takes place while stocks last.
2. Online orders are delivered to the address provided by the Customer.
3. Delivery may be suspended if payment is not made on time.

Article 15 – Delivery time
1. Delivery times are indicative and do not entitle the Customer to compensation or termination.
2. Termination is possible only if agreed in writing or if delivery is more than 14 days overdue after a notice of default.

Article 16 – Actual delivery
1. The Customer must ensure that delivery can take place correctly and on time.

Article 17 – Transport costs
1. Transport costs are borne by the Customer, unless otherwise agreed in writing.

Article 18 – Packaging and shipping
1. Damage to packaging must be reported to the carrier upon receipt.
2. If transport is arranged by the Customer, visible defects must be reported beforehand.

Article 19 – Storage
1. The Customer bears the risk of loss of quality if acceptance of delivery is delayed.
2. Any additional costs are borne entirely by the Customer.

Article 21 – Warranty
1. The warranty applies only to manufacturing or material defects.
2. The warranty excludes normal wear and tear, improper use, alterations or damage caused by external factors.
3. Risk passes to the Customer upon actual or legal delivery.

Article 22 – Exchanges
1. Exchanges are possible within 7 days of purchase, provided the product is unused and in its original packaging.
2. Discounted, custom-made and personalised products cannot be exchanged.

Article 23 – Indemnification
1. The Customer indemnifies Asio NL (LockTowel) against third-party claims relating to delivered products or services.

Article 24 – Complaints
1. Complaints must be reported as soon as possible.
2. Consumers must report complaints no later than 2 months after discovery.
3. The complaint must be sufficiently specified.
4. Complaints do not entitle the Customer to changes to ongoing work.

Article 25 – Notice of default
1. Notice of default must be given in writing.
2. The Customer is responsible for ensuring timely receipt.

Article 26 – Customer liability
1. If several Customers are involved, they are jointly and severally liable.

Article 27 – Liability of Asio NL (LockTowel)
1. Liability exists only in cases of intent or deliberate recklessness.
2. Only direct damage qualifies for compensation.
3. Liability is limited to the amount paid by the insurer or, failing that, the invoice amount.
4. Images and product descriptions are indicative.

Article 28 – Expiry period
1. Claims expire 12 months after they arise, in accordance with Article 6:89 of the Dutch Civil Code.

Article 29 – Termination
1. Termination is possible in the event of an attributable failure to perform.
2. Asio NL (LockTowel) may terminate in the event of non-performance by the Customer.

Article 30 – Force majeure
1. Failures due to force majeure are not attributable.
2. Force majeure includes natural disasters, disruptions, strikes and government measures.
3. If force majeure lasts longer than 30 days, either party may terminate the agreement.
4. No compensation is payable in the event of force majeure.

Article 31 – Amendment of the agreement
1. Amendments are possible if necessary for performance.

Article 32 – Amendment of the general terms and conditions
1. Asio NL (LockTowel) may amend these terms and conditions.
2. Substantial amendments will be discussed in advance.
3. Consumers may terminate the agreement in the event of substantial amendments.

Article 33 – Transfer of rights
1. Transfer of rights is not permitted without written consent.

Article 34 – Nullity
1. The nullity of a provision does not affect the validity of the other provisions.
2. Invalid provisions will be replaced by provisions that reflect the original intention as closely as possible.

Article 35 – Applicable law and competent court
1. These general terms and conditions are governed by Dutch law.
2. Disputes will be submitted to the competent court in the district in which Asio NL (LockTowel) is established.

Drawn up on 21 January 2025.