General Terms and Conditions – AISLER B.V.
We, AISLER B.V. (“AISLER” or “we” or “our”), offer several services (“the Services”): an online service to collaborate on electronics projects (“the Collaboration Service”), an on-demand production for electronic Kits (“the Production Service”) and a discovery service (“the Discovery Service”). These are the General Terms and Conditions (“the Terms”) which are applicable to any offers, agreements and subsequent orders that you (“the user”) agree to with AISLER.
Should you have any questions, feel free to contact us via email@example.com, via twitter.com/AislerHQ or on facebook via facebook.com/AislerHQ. AISLER is registered with the chamber of commerce number 61802107 at Schoolstraat 2, 6295AV Lemiers, The Netherlands.
We reserve the right to adjust the Terms and you agree that only the most recent version of the Terms are applicable to any agreement between you and AISLER (“the Parties”).
Article 1: General terms
- The terms are applicable for any agreement between you and AISLER
- Upon request, we will send you a physical copy of the Terms. You can always download the most recent version on our website via https://aisler.net/about/terms. All versions of the Terms are accessible on Github via https://github.com/aislerhq/aisler-policy
- Any provision of the terms which is invalid or unenforceable, will be severed from the terms, all without affecting the remaining provisions of the terms. In that event, we will in good faith implement changes to the terms as will best preserve for the Parties the benefits and obligations of such invalid or unenforceable portion.
Article 2: Offers and quotes
Offers and quotes are non-binding, unless otherwise agreed upon. An offer or quote is only valid for the time of the request (and not for future requests).
Article 3: The Registration
- You are responsible for keeping your account safe and to protect it against misuse from others (for example: you are responsible when another person places an order in your name). Use a strong password and do not pass along your credentials to anyone else.
- We reserve the right to block an account. We do this in the event of the detection of fraudulent behaviour, a breach of this agreement or when the law requires us to.
Article 4: The Collaboration Service
- The Collaboration Services allows you to contribute content to projects on AISLER.
- The owner of a project is the user that has uploaded the project to AISLER or has made the project available to the public through another third party.
- If you are the owner of a project that was made available through another third party by you, you may use the “Claim this project” button to add it to your projects on AISLER.
- Unless otherwise explicitly indicated, your content is public and you agree to license it under CC-SA 4.0. Contributions include but are not limited to the upload of, commenting on, uploading or adjusting pictures on, or updating descriptive text in new or existing electronics projects. You are a contributor to a project, when one of your contributions is accepted by the project.
- You may use a third-party system, such as but not limited to Github, to login into the Services, in that case you agree that we will automatically claim and synchronize changes to your public electronic projects for you.
- We may, with your explicit consent, synchronize content with other third party services, such as but not limited to Github.
- Projects may be kept confidential and can be non-public. Then, users that have been allowed access to the project can see and contribute to it. In that case, the ownership of the content remains with the owner of the project, unless otherwise indicated.
Article 5: The Production Service
- To use the Production Service you will have to provide AISLER with a valid shipping address along your account credentials. As with all other personal data, we will do our best to keep your data safe.
- The Production Service will clearly display which components are included in the offer. You agree to this offer with your order when you click “Purchase now” or “Purchase now with Paypal” on the order summary page. We will then send you an order confirmation via E-Mail. The order is being produced on-demand after your specification.
- We will do our best to ship you your order within 14 business days after the order confirmation.
- To send you the order, we will provide your address details to our logistics service provider (for example but not limited to PostNL, DeutschePost DHL). AISLER will assume the shipping address is correctly filled out by you. We will inform you via E-Mail when we have carried out .
- The right to return your order and a respective refund are excluded as the Production Service only delivers orders after your specification.
Article 6: The Discovery Service
- The Discovery Service lists projects that have been made available to the public by users of the Collaboration Service or have been open sourced by other third parties.
- A project by a third party is marked with “Claim this project” and a link to the source.
- If not otherwise noted, the content of a project is made available under CC-SA 4.0 License.
- Any project in the Discovery Service that is marked as such can be purchased using the Production Service.
Article 7: Fees & Prices
- Fees & Prices listed on AISLER include Dutch VAT unless otherwise indicated.
- We reserve the right to adjust our prices and fees.
- For subscriptions, we will inform you two weeks prior to the effectiveness of the new fees. You may withdraw from your agreement within two weeks after the change has been set into effect.
Article 8: Payment
- Payment is always due upfront through a method of payment that is offered through our website. For subscriptions, payment is due upfront for the selected period of the subscription.
- Your order is automatically at default if you fail to pay the amount in due time. AISLER reserves the right to suspend delivery of the Services until overdue amounts have been paid in full.
- Any collection fees incurred have to be fully covered by you. Open amounts less than EUR 267 incur EUR 40 collection fee, for higher due amounts collection fees are as follows:
- 15% for the first EUR 2,500
- 10% for the amount until EUR 5,000
- 5% for the amount until EUR 10,000
- 1% for the amount until EUR 200.000
- 0.5% for the amount for the rest
Article 9: Liability
- AISLER is not liable for any contents contributed by users of the Services.
- Although we do our best to make the development state of a project clear, we do not guarantee that it is functional, nor do we guarantee the functionality as described by the project owners or contributors.
- You use the projects you ordered through the Production Service at your own risk, AISLER is not liable for any direct or indirect damages.
- Liability of AISLER for indirect damage, including but not limited to consequential damages, lost profits, lost savings, loss of goodwill, damage through business interruptions, damage ensuing from claims of your customers, corruption or loss of data, damage relating to objects, materials or software of third parties prescribed by you, damage relating to the engagement of suppliers prescribed by you, is excluded.
- The liability caps referred to in clauses 9.3 and 9.4 will not apply if and insofar the damage is the result of the willful misconduct or gross negligence by AISLER.
Article 10: Complaints
AISLER would like to know if you had any complaints with the execution of this agreement. Please send us an email to firstname.lastname@example.org with a detailed description of the complaint and we will try to answer your complaint as quickly as possible, usually within five business days. Should your request take longer we will send you a confirmation of receipt within five business days and give you an approximate date when we estimate the complaint to be resolved. Should we not mutually solve the complaint, neither will this agreement considered to be in disagreement, nor will it fall under the regulations for dispute.
Article 11: Governing law and jurisdiction
The Terms, any offer and any agreement the Parties conclude are governed by Dutch law. The applicability of the Vienna Sales Convention 1980 is excluded.
Article 12: Regulation of Dispute
Any dispute arising between the Parties in relation to any agreement, the Services and/or the Terms shall be exclusively submitted to the competent court in Limburg, location Maastricht, The Netherlands.