Terms and Conditions
- Asiye Designs: Asiye Designs, established in Amsterdam under Chamber of Commerce no. 76242587.
- Customer: the person with whom Asiye Designs has entered into an agreement.
- Parties: Asiye Designs and customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of general terms and conditions
- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Asiye Designs
- Parties can only deviate from these terms and conditions if they have explicitly agreed to do so in writing.
- The parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.
Offers and quotations
- Offers and quotations from Asiye Designs are without obligation, unless explicitly stated otherwise.
- An offer or quotation is valid for a maximum of 2 weeks, unless a different acceptance period is stated in the offer or quotation.
- If the customer does not accept an offer or quotation within the applicable term, the offer or quotation will lapse.
- Offers and quotations do not apply to repeat orders, unless the parties have agreed explicitly and in writing.
- Upon acceptance of a quotation or offer without obligation, Asiye Designs reserves the right to withdraw the quotation or offer within 3 days after receipt of the acceptance, without the customer being able to derive any rights from this.
- Verbal acceptance of the customer only connects Asiye Designs, after the customer has confirmed this in writing (or electronically).
- All prices that Asiye Designs uses are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices that Asiye Designs uses for its products or services, on its website or that are otherwise made known, Asiye Designs can change at any time.
- The price with regard to a service is determined by Asiye Designs on the basis of the hours actually spent.
- The price is calculated according to the usual hourly rates of Asiye Designs, valid for the period in which he performs the work, unless a different hourly rate has been agreed.
- If the parties have agreed a total amount for a service by Asiye Designs, this is always a target price, unless the parties have explicitly agreed in writing on a fixed price, which cannot be deviated from.
- Asiye Designs is entitled to deviate up to 10% of the target price.
- If the target price is more than 10% higher, Asiye Designs must inform the customer in time why a higher price is justified.
- If the target price is more than 10% higher, the customer has the right to cancel the part of the order that exceeds the target price plus 10%.
- Asiye Designs has the right to adjust the prices annually.
- Prior to its entry, Asiye Designs will communicate price adjustments to the customer.
- The consumer has the right to cancel the agreement with Asiye Designs if he does not agree with the price increase.
Consequences not paying on time
- If the customer does not pay within the agreed term, Asiye Designs is entitled to charge an interest of 1% per month from the day that the customer is in default, whereby part of a month is counted as a whole month.
- When the customer is in default, he also owes extrajudicial collection costs and any compensation to Asiye Designs.
- The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
- If the customer does not pay on time, Asiye Designs may suspend its obligations until the customer has fulfilled his payment obligation.
- In case of liquidation, bankruptcy, seizure or moratorium on the part of the customer, the claims of Asiye Designs on the customer are immediately due and payable.
- If the customer refuses to cooperate with the execution of the agreement by Asiye Designs, he is still obliged to pay the agreed price to Asiye Designs.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
- The customer undertakes to adequately insure the following items and to keep them insured against, among other things, fire, explosion and water damage as well as theft:
- Delivered goods that are necessary for the execution of the underlying agreement
- Items of Asiye Designs present at the customer
- Items that are delivered under retention of title
2. The customer provides the policy of these insurances for inspection at the first request of Asiye Desings.
When the parties have entered into an agreement of a service nature, it contains only best efforts obligations for Asiye Designs, no result obligations.
Execution of the agreement
- Asiye Designs executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- Asiye Designs has the right to have the agreed services (partially) performed by third parties.
- The implementation of the agreement takes place in mutual consultation and after written agreement and payment of any agreed advance by the customer.
- It is the responsibility of the customer that Asiye Designs can start the implementation of the agreement on time.
- If the customer has not ensured that Asiye Designs can start the execution of the agreement on time, the resulting additional costs and / or extra hours will be borne by the customer.
Provision of information by the customer:
- The customer makes all information, data and documents relevant for the correct execution of the agreement available to Asiye Designs in a timely manner and in the desired form and in a desired manner
- The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if these originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
- If and insofar as the customer requests this, Asiye Designs will return the relevant documents.
- If the customer does not, not timely or not properly provide the information, data or documents reasonably required by Asiye Designs and the execution of the agreement is delayed as a result, the resulting additional costs and extra hours will be borne by the customer.
Duration of the agreement
- The agreement between Asiye Designs and the customer is entered into for a period of 1 year, unless the nature of the agreement dictates otherwise or the parties have explicitly agreed otherwise in writing.
- If an agreement has been entered into for a definite period, it will be tacitly converted into an agreement for an indefinite period after the expiry of the period, unless 1 of the parties terminates the agreement with due observance of a notice period of 2 months or a consumer the terminates the agreement with due observance of a notice period of 1 month, the agreement will end by operation of law.
- If the parties have agreed on a term for the completion of certain activities within the term of the agreement, this is never a strict deadline. If this term is exceeded, the customer must declare Asiye Designs in default in writing.
The customer indemnifies Asiye Designs against all claims from third parties related to the products and / or services delivered by Asiye Designs.
- The customer must examine a product or service provided by Asiye Designs as soon as possible for any shortcomings.
- If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Asiye Designs of this as soon as possible, but in any case within 1 month after discovery of the shortcomings.
- Consumers must inform Asiye Designs no later than 2 months after discovery of the shortcomings.
- The customer thereby provides as detailed a description as possible of the shortcoming, so that Asiye Designs is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Asiye Designs being obliged to perform other work than agreed.
Notice of default
- The customer must make notice of default in writing to Asiye Designs
- It is the responsibility of the customer that a notice of default actually reaches Asiye Designs (on time).
Joint and several liability of the customer
If Asiye Designs enters into an agreement with multiple customers, each of them is jointly and severally liable for the full amounts that they owe to Asiye Designs under that agreement.
Liability Asiye Designs
- Asiye Designs is only liable for any damage that the customer suffers if and insofar as that damage is caused by intent or deliberate recklessness.
- If Asiye Designs is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
- Asiye Designs is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to third parties.
- If Asiye Designs is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and only approximate and cannot give rise to compensation and / or (partial) dissolution of the agreement and / or suspension of any obligation.
Any right of the customer to compensation from Asiye Designs expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to cancel
- The customer has the right to dissolve the agreement when Asiye Designs imputably fails in the fulfillment of its obligations, unless this shortcoming, given its special nature or minor significance, does not justify the dissolution.
- If the fulfillment of the obligations by Asiye Designs is not permanent or temporarily impossible, dissolution can only take place after Asiye Designs is in default.
- Asiye Designs has the right to dissolve the agreement with the customer, if the customer does not fully or not timely fulfill his obligations under the agreement, or if Asiye Designs has taken note of circumstances that give him good grounds to fear that the customer fulfills his obligations will not be able to perform properly.
Force of the majority
- In addition to the provisions of Article 6:75 Civil Code, a shortcoming of Asiye Designs in the fulfillment of any obligation towards the customer cannot be attributed to Asiye Designs in a situation independent of the will of Asiye Designs, whereby the fulfillment of his obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of his obligations cannot reasonably be expected of Asiye Designs.
- The force majeure situation referred to in paragraph 1 also includes – but is not limited to -: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); defaults and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work stoppages.
- If a force majeure situation occurs as a result of which Asiye Designs cannot fulfill 1 or more obligations towards the customer, those obligations will be suspended until Asiye Designs can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Asiye Designs does not owe any (damage) compensation in a force majeure situation, even if it enjoys any advantage as a result of the force majeure situation.
Amendments to the agreement
If, after the conclusion of the agreement for its implementation, it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
Changes to general terms and conditions
- Asiye Designs is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Asiye Designs will discuss major substantive changes with the customer in advance as much as possible.
- Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of Rights
- Rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of Asiye Designs.
- This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions turn out to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Asiye Designs had in mind when drawing up the conditions on that point.
Applicable law and competent court
Dutch law is exclusively applicable to every agreement between the parties.
The Dutch court in the district where Asiye Designs is located / has a practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
Prepared on March 7, 2021