ASBX Portugal TERMS AND CONDITIONS
Your Contractual Party:
ASBX LDA
PT515124311
Avenida dos Descobrimentos 1193B First Floor, Vila Nova de Gaia, Portugal
TERMS AND CONDITIONS AGREEMENT FOR ASBX Portugal
PLEASE READ THIS T&C AGREEMENT CAREFULLY BEFORE USING THIS SITE. BY USING THE ASBX SITE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE ASBX SITE. AND, IF PRESENTED WITH THE OPTION TO “AGREE” OR “DISAGREE” TO THE TERMS, CLICK “DISAGREE”.
These Terms and Conditions of Use (the “Terms of Use”) apply to the ASBX PORTUGAL site located at https://asbx.pt//, and all associated sites linked to https://asbx.pt// by ASBX, its subsidiaries and affiliates, including ASBX sites around the world (collectively, the “Site”). The Site is the property of ASBX LDA. (“ASBX”) and can be licensed to a licensor.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
ASBX reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ASBX grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
ALL RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT MAY BE FREELY ASSIGNED BY ASBX LDA TO ANY OF ITS AFFILIATED ENTITIES OR ANY OF THE SUBSIDIARIES OF THE ASBX GROUP, AROUND THE WORLD.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT GOVERNING THIS WEBSITE AND THE PURCHASE AND SALE OF ALL PRODUCTS & SERVICES. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
EXCLUSIVE JURISDICTION AGREEMENT
By purchasing goods and services from ASBX LDA, the customer acknowledges and agrees that any and all contracts and transactions are governed exclusively by the laws of Portugal. The customer hereby expressly waives any right to initiate or participate in any legal proceedings against ASBX LDA under any jurisdiction other than the competent courts of Portugal. Furthermore, the customer renounces any claim in any other court, either domestic or international, and acknowledges that the only jurisdiction and venue for disputes arising from or related to the purchase of goods and services from ASBX LDA shall be Vila Nova de Gaia Court, In Portugal. The Applicable Language is Portuguese.
If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
Initial Dispute Resolution. We are available by email at sales@asbx.pt to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
Waiver of class or consolidated actions. All claims and disputes must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
**Contractual Terms and Conditions Agreement**
**I. Introduction**
This document serves as the official Terms and Conditions governing the use of products and services provided by ASBX LDA (hereafter referred to as “ASBX”). By placing an order with ASBX, the Customer unequivocally agrees to these Terms and Conditions, which are available for review on this page at any time. ASBX reserves the right to modify these General Conditions of Sale without prior notice and without the obligation to post such changes on this website. ASBX will not be liable for any issues arising from the unavailability of the site, regardless of duration, and may restrict access to certain areas of the site due to technical or legal compliance reasons.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These conditions apply to all visitors, users, and other entities who access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. Should you disagree with any part of these terms, you must not access the Service.
**II. Governing Law**
This agreement and its enforcement shall be governed by the laws of Portugal, accoridng to the exclusive Juresdiction agreement above.
**III. Product Information**
– **Samples and Sample Store:** ASBX operates a sample store accessible at [https://asbxstore.com/](https://asbxstore.com/) which facilitates the purchase of clothing samples. This is a business-to-business service, and all products are intended as demonstration pieces and are not for retail sale to the final consumer. All sample purchases are final; returns, refunds, or exchanges are not supported.
**IV. Payment Terms**
– **Samples:** Must be ordered and paid in full via the website. Invoices for bank transfer payments are available upon request.
– **Custom Bulk Orders:** Require a payment of 50% to commence fabric producing and the remaining 50% to begin production following Pre-Production Sample approval. Delays in the second payment will halt production until funds are received.
– **Blanks and Shipping Services:** Must be paid in full before dispatch or service commencement.
**V. Shipping Terms**
All shipments are conducted under the customer’s responsibility and risk. ASBX is absolved of responsibility once goods are collected by a third-party carrier, including but not limited to costs, losses, or customs issues.
**VI. Production and Delivery Timelines**
All ASBX timelines are estimates and non binding. These estimates are subject to variability based on multiple stages of the production process, often involving external partners. ASBX is not liable for any delays regardless of the factors.
**VII. Global Supply Chain Disclaimer**
Due to ongoing global supply chain instability, there may be delays or shortages affecting parts of the production chain. ASBX is not liable for any related delays or losses.
**VIII. Refund and Claims Policy**
– **Samples and Blanks:** Non-refundable and non-exchangeable. Faulty items may be repaired and returned at no additional cost.
– **Bulk Orders:** Refunds on the initial 50% payment are possible within three business days of receipt in case ASBX has not incurred costs on the client’s behalf. After Production is started and raw materials ordered, is possible to cancel. In this case all raw materials and costs will be charged, including: PPS, fabrics, costs ASBX had, Among others. After an order is at cutting stage or later on the process is not possible to cancel and refunds are not accepted.
**X. Confidentiality Notice**
Information disclosed by ASBX, including trade secrets and business plans, is confidential. Unauthorized disclosure may lead to termination of the business relationship and potential legal action.
**XI. Quality Assurance**
Errors due to client-provided missing or incomplete content or specifications are not accepted. Clients are encouraged to review all submissions thoroughly before ordering to prevent errors.
**XII. Modifications to Ongoing Production**
During an ongoing production process, clients may request changes to their original orders. While ASBX endeavors to accommodate such requests, it is important for clients to understand that changes made after the commencement of production can lead to delays in planning and processing, as well as potential increases in costs. Consequently, ASBX shall not be held liable for any delays, additional costs, or other implications that arise directly from modifications initiated by the client after production has begun. Clients are encouraged to finalize their requirements prior to the start of production to ensure a smooth and timely process. Changes requested once production is underway will be assessed on a case-by-case basis, and any additional costs or schedule adjustments necessary to accommodate these changes will be communicated and potentially billed to the client accordingly.
XIII. Inflation Disclaimer
On Orders that Last Over 3 months, please note that all prices, fees, and financial projections outlined in this Contract of Service are subject to change due to inflation and other economic factors. Inflation rates can fluctuate, affecting the purchasing power of money over time, which may subsequently influence the actual costs and prices of goods and services. While we strive to provide accurate and current information, we cannot guarantee that future values will match the present prices. We recommend regularly reviewing economic conditions and accounting for potential inflation in your financial planning and budgeting. ASBX is not responsible due to changes in price due to inflation of raw materials and overall change in market pricing over time.
Thank you for your understanding.
**Date of Issue: January 01, 2024**
**Location: Vila Nova de Gaia, Portugal**
**End of Terms.**