Contractual Terms of Agreement:
CONTENTS AND DEFINITIONS:
The terms “Company” , “we” , “us” , “our” , “ASBX”, will be used to describe your contractual partner, who varies between the following companies:
+ ASBX LDA with Portuguese VAT number PT515124311 and head office at Avenida dos Descobrimentos 1193B E11, Vila Nova de Gaia, as the owner of the Site, Apps and Social Media Accounts.
+ 16X ONLINE UNIPESSOAL LDA with Portuguese VAT number 517178931 and head office at Avenida dos Descobrimentos 1193B E11, Vila Nova de Gaia.
Both are responsible for the provision of online services:
This Terms of Service are also extended to any companies, subsidiaries or affiliated undertakings of the ASBX GROUP which can be used for the provision of services.
The “Services” include any services or goods provided via the following websites and any form of transaction performed between you and the company.
https://startfashionbrand.com/
Also our mobile applications (the “Apps” ), our accounts and fan pages on social media platforms (the “Social Media Accounts” ), any other written, electronic, and oral communications with the Company and its affiliated entities, and any other websites, pages, features, or content owned or operated by the Company or an affiliated entity that hyperlink to this Policy.
“Agreement” shall mean the contract of use between you and the Company based on this Terms of Use available at all time at this webpage.
“Force Majeure” shall mean events that are beyond our reasonable control.
INTRODUCTION
Every order assumes that the Customer has full agreement of the present Terms & Conditions of Sale and Returns, which may be consulted at this page at anytime. ASBX, however, reserves the right to change these General Conditions of Sale, without prior notice and obligation to publish any changes to this website. ASBX may not be held responsible for any facts arising from the unavailability of the site, whatever its duration, and reserves the right to restrict access to certain areas of the site for technical reasons or in order to comply with legal obligations.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of our Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
A
Governing Law This terms and conditions are made according the laws of Portugal • All legal situations or issues that may occur between a client and ASBX are the sole responsibility of the Vila Nova de Gaia Court.
The Contract arising out of this services agreement shall be government by and constructed in accordance to the Laws of Portugal, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. The parties hereto irrevocably attorn and submit to the exclusive jurisdiction of the Vila Nova de Gaia Court, with respect to any dispute related to or arising from this Services Agreement.
B
Samples and Sample Store
ASBX operates a sample store at https://asbxstore.com/ that makes available the purchase of Clothing samples. We reinforce that the store is a B2B service and that all products sold via the website are demonstration pieces intended for sampling and are not pieces intended for retail to the final consumer. ASBX does not return, refund or exchange samples purchases made online. Said purchases are merely for approval of quality and fitting towards a possible production development. All private consumers that acquire our samples must do so taking this into full consideration.
C
Payment Terms
All Samples: all samples must be ordered though the site and paid on order. In case you would like to pay the sample by bank transfer you can request us an invoice.
Custom Bulk Orders: 50% to Start the Fabrics + 50% to Enter production after Pre Production Sample Approval. In case the client doesn’t need a PPS the other 50% must be paid when the fabric comes, to start the cutting and sewing stage. In case there is a delay making the 2nd payment, the production is stopped until funds are received. ASBX is not responsible for delays related to this.
Blanks: All Blank orders must be paid 100% before dispatch.
Shipping Services: All shipping invoices must be paid before the service is started.
D
Shipping • All shipments are at the customer’s responsibility and risk even that the shipping service is sold by ASBX but fulfilled by a 3 rd party carrier. All goods are no longer the responsibility of ASBX from the moment of collection by a carrier. ASBX is not responsible for costs, losses or customs withholding. It is up to the client to resolve any situation arising from these shipments / collections.
E
Production Timing
ASBX Stock Samples: All samples are in stock and are shipped within ½ days upon payment confirmation.
Bulk Orders & Custom Samples: On custom Bulk Orders & Custom Samples ASBX reserves the right to inform that all our delivery times are non-binding and approximate as depend on multiple stages of the process, some that are carried out by partners and related companies of which delays can occur. Bulk orders timelines are also dependant on client approvals. ASBX is not responsible for delays cause by a delay from the client to make approvals. In case the client requests to change the original order all timelines will be re calculated and ASBX is not responsible for any changes in schedule.
Blanks: On b2b blank orders all delivery dates are non binding and purely indicative due to the reasons listed above.
ASBX is not responsible under any situation by losses or damages incurred by the client as a result of production delays as all our deliveries for this service are approximate as mentioned multiple times and informed before the client chooses to start the production process.
ASBX is also not liable for any delays caused by situations outside it’s reasonable control, falling into the force majeure consideration.
F
Global Instability and Energy Disclaimer As a result of global supply chain instability since the end of the 1 st quarter of 2022 there are several shortages and delays on certain parts of the productive chain. ASBX is not liable for any delays or loss that might occur as a result of this.
G
Refund Policy
Samples: Non- Refundable or exchangeable as intended for demonstration Only.
Blanks: Blanks are only possible to be sent back to ASBX if the items are proven to be faulty or with any damage outside ones caused by shipping. In case the damages to the items are fixable ASBX will correct them and send the goods back to the costumer with no further costs.
Bulk Orders:
ASBX only accepts refunds on the first 50% payment for any production process, if the cancelation request is asked within 3 business days of payment received and ASBX has not started or incurred any costs to start the bulk order.
In case the clients request a refund after this point ASBX will deduct from this amount any raw material costs or expenses it had on the client’s behalf.
Such as follow:
+ Fabric Costs.
+ Shipments on the clients behalf.
+ PPS made ( billed at 2x production cost )
+ Patterns: 50€ each pattern. ( Any measurement adjustment is considered a new pattern )
+ All Accessories developed for the costumer.
+ Embroidery and Print Developments: The amount adjusted to the client design. Price varies between applications
From this point the ownership of any raw material is passed to the costumer. However after the cutting process starts we do not accept refunds on ready made garments or in situations where the order is ready to send.
H
Custom Orders Disclaimer.
Falls into custom orders the following services:
+ Blank Orders with any personalisation.
+ Custom Orders from client tech pack.
+ Samples with any personalisation
Disclaimer about customised item orders:
It is the clients total responsibility to provide ASBX with concrete and precise information about the production process that is being executed. The client must mention every single important detail on their files and communication. In case the information is not clearly and precisely mentioned ASBX will execute as standard. It is considered production information such as, but not only: Pantone colours of fabrics, measurements, stitching details, printing details, printing placements, label stitching details, label placements.
Limitations of Liability:
Under no circumstances ASBX is liable for a product outcome if the specifications on the final item were missing, not precise, or not clearly asked by the costumer upon order submission . As a result of this, if the points are not mentioned or requested by the client the product in question is not eligible for any sort of claims.
ASBX is also not liable for any delays or schedule setbacks caused by the incompletion of the files submitted.
Limitations Of Liability 2:
ASBX only verifies file about its format and quality for print. Our teams do not verify the content of the print. It’s the clients responsibility to verify if the files are right in terms of content.
I
VAT POLICY
Below is described our VAT Policy and in the cases we have to charge VAT at the Portuguese rate 23%.
Clients Located Outside the E.U:
For this costumers you are exempted from VAT in Portugal and all invoices will be made with 0% Rate.
Clients Located Within the E.U:
In Order for this costumers to have 0% VAT rate, we require a VIES valid VAT number. Otherwise VAT will be charged.
Clientes based in Portugal.
For all orders made within Portugal, either from individuals or companies we have to charge VAT at the legal rate.
The VAT policy is valid for all services provided by ASBX and it’s affiliate or subsidiary companies.
J
CLAIMS POLICY:
ASBX only allows claims to be presented within 3 business days upon receipt of good. After this days we do not accept any claims or questioning on delivered goods. it is the clients sole responsibility to inspect the goods and present us with timely feedback so we can look into it.
K
CONFIDENTIALITY NOTICE:
The Client understands and agrees that any information disclosed by the ASBX, including but not limited to trade secrets, business plans, financial information, and customer lists, is strictly confidential and must not be disclosed to any third party. Including Processual Information of any orders
The Client further understands and agrees that by making a purchase from the Company, they automatically agree to be bound by the terms of this Agreement and will take all reasonable measures to ensure the confidentiality of the information provided to them.
Any unauthorized disclosure of confidential information by the Client will result in immediate termination of the commercial relationship and may result in legal action against the Client.
By making a purchase from ASBX Group companies, the Client acknowledges and agrees to the confidentiality terms of this Agreement.
How does ASBX Guarantees Quality:
At ASBX we guarantee that our products and services are of high quality. To this end, we invest in a careful selection of our production, design and delivery partners.
However, there are certain situations beyond our reach that are not covered by this warranty, namely:
– Spelling, punctuation or grammar errors made by the customer;
– Poor quality or low resolution of uploaded images;
– Design errors made by the client during the product creation process;
– Incorrect choice of options (such as finishing, quantities or product type);
– Defects in the products, discovered after they have been delivered to the customer, whose responsibility is not directly imputed to ASBX
– Lack of synchronization between the colors printed on the final product and the colors shown in preview, viewed on screen or printed on printers other than those from ASBX
In order to avoid these situations, we recommend that you make a thorough review of your drawings and correct possible errors before placing your order.
Vila Nova de Gaia, 2022
End of Terms.
January 01, 2022