Article 1 – Definitions
- Supplementary Agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these items, digital content, and/or services are delivered by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
- User: the natural person who uses the services and products of AR Your Commerce.
- Day: calendar day;
- Digital Content: data produced and delivered in digital form;
- Digital Twin: Digital replica of a physical product, digitized in a 3D format such as .glb or .gltf.
- AR Viewer: Application developed by the entrepreneur, available in subscription form.
- The Service: Combination of AR Viewer with Digital Twins, available in subscription form.
- Continuing Agreement: an agreement that aims at the regular delivery of goods, services, and/or digital content over a certain period;
- Durable Data Carrier: any medium – including email – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of Withdrawal: the consumer’s ability to withdraw from the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person acting under the identity described in Article 2 and offering products, (access to) digital content, and/or services at a distance to the client;
- Client: the natural or legal person acting under its own company name and entering into an agreement with the Entrepreneur.
- Technique for Communication at a Distance: a means that can be used for concluding an agreement without the consumer and entrepreneur having to be physically present in the same space simultaneously.
- Augmented Reality: The combination of real images, often camera footage, and virtual images.
- Service: Access to and use of the software’s functionalities offered by the entrepreneur.
Article 2 – Identity of the Entrepreneur
Registered trade names at the Chamber of Commerce in the Netherlands: ‘standindemand | The AR Studio’ and ‘AR Your Commerce,’ operating under the name ‘AR Your Commerce,’ hereinafter referred to as ‘ARYC’ in this document.
• Giorgio Vasaristraat 7
• 6663PC Lent
• Phone Number: +31(0)635628796
• Email Address: firstname.lastname@example.org
• Chamber of Commerce Number (KvK-nummer): 89443624
•VAT Identification Number (Btw-identificatienummer): NL27KNAB0612632504
Article 3 – Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and every distance contract concluded between the entrepreneur and the client.
- The entrepreneur is free to update these terms without updating current client. New clients are made aware of these terms and conditions.
- An individual business contract is considered accepted by the client on the day the client signs the respective individual contract in writing or electronically and sends it to the entrepreneur or otherwise expresses their consent digitally. These terms and conditions also apply to additional services such as installation, integration, parameterization, customization of the solution offered by the entrepreneur to the user’s needs, as well as the development, optimization, and management of display objects.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will, before concluding the distance contract, indicate how the general terms and conditions can be consulted at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request as soon as possible.
- If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent to the consumer electronically or by other means free of charge upon request.
- In the event that, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs apply accordingly, and the consumer can always rely on the applicable provision that is most favorable to them in case of conflicting conditions.
Article 4 – The Offer
- If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the client to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains information that makes it clear to the consumer what rights and obligations are associated with the acceptance of the offer.
- The right to use the entrepreneur’s application is limited to use for your own purposes. Any further exploitation or use for other businesses/organizations is not allowed.
- The right to use the entrepreneur’s application exists only as agreed upon in each separate contract. Parties can agree on limitations regarding the number of calls or access links. The entrepreneur has the right to integrate technical precautions into the service that allow for monitoring the user’s compliance with the agreed usage limitations. The entrepreneur does not make any content of the service public. Upon written request, a written report of the determined results is provided to the user.
- The entrepreneur’s application is available during the contract period for a minimum of 99% for two consecutive calendar months. If this is less, the client can terminate the contract with a notice period of 15 days after the occurrence of non-compliance by notifying the entrepreneur in writing. Termination takes effect at the end of the calendar month in which MAZING GmbH received the notice. Services for which payment has been made so far are reimbursed pro rata at the regular end of the contract period.
- The entrepreneur may collect, use, and disclose quantitative data for the purpose of preparing benchmark studies, marketing purposes, or other business purposes and for preparing analyses.
- All data collected in this manner is anonymous and aggregated and does not identify the client, its users, or any other third party included in such data. Examples of analytics applications include: resource and support optimization, performance improvements, product development, data security, and integrity verification; internal data products such as industry trends and developments and anonymous benchmarking.
Article 5 – The Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the client of the offer and compliance with the conditions specified therein.
- If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures for this purpose.
- Within the legal framework, the entrepreneur may assess whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reason to refuse the contract, they are entitled to reject an order or application with justification or attach special conditions to its execution.
Article 6 – Price and Performance
- During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: • they are the result of legal regulations or provisions; or • the consumer has the right to terminate the agreement starting from the day the price increase takes effect.
- The prices mentioned in the offer of products or services are exclusive of VAT.
- The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations that exist on the date of the conclusion of the agreement.
Article 7 – Delivery and Execution
- The entrepreneur will exercise the greatest possible care when receiving and executing orders for products/services and when assessing requests for the provision of services.
- Taking into account what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed but no later than within 3 months, unless a different delivery period has been agreed upon between the entrepreneur and the client. If the delivery is delayed, or if an order cannot be executed or can only be partially executed, the client will be notified immediately. If a project is delayed by more than 30 days, the client has the right to terminate the agreement without costs and is entitled to any compensation.
- After termination in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the client without delay.
Article 8 – Duration, Termination, and Renewal Termination
- The client can terminate an agreement concluded for an indefinite period and that involves the regular delivery of products or services at any time, taking into account the agreed termination rules and a notice period of up to one month.
- The client can terminate an agreement concluded for a definite period and that involves the regular delivery of products or services at any time at the end of the specified term, taking into account the agreed termination rules and a notice period of up to one month.
- The client can terminate the agreements mentioned in the previous paragraphs: • at any time and is not limited to termination at a specific time or during a specific period; • at least in the same manner as they were entered into by him; • always with the same notice period as the entrepreneur has stipulated for himself.
- An agreement concluded for a definite period and that involves the regular delivery of products or services will be tacitly renewed for an indefinite period without termination.
- The client is free to switch service packages, both in an increase and a decrease in the package. This is subject to a term of no more than 30 days, depending on the current calendar month.
Article 15 – Payment
- Unless otherwise specified in the agreement or additional terms, the amounts owed by the consumer must be paid within 14 days from the date of invoice issuance and receipt.
- In the case of an agreement for the provision of a service, this period starts on the day after the consumer has received confirmation of the agreement.
- In the sale of products and services to the client, the client shall not be obligated in general terms and conditions to make an advance payment of more than 50%. When an advance payment is agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed-upon advance payment has been made.
- The client has the duty to promptly inform the entrepreneur of any inaccuracies in the provided or stated payment details.
- If the client does not meet his payment obligations in a timely manner, and after being reminded by the entrepreneur and granted a 14-day period to fulfill his payment obligations, the client shall be liable to pay statutory interest on the outstanding amount and the entrepreneur is entitled to charge the client for extrajudicial collection costs. These collection costs shall not exceed 15% of outstanding amounts, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the client.
Article 16 – Complaints Procedure, Warranty, and Liabilities
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has identified the defects, in a complete and clearly described manner.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
- The consumer must give the entrepreneur at least 4 weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is eligible for dispute resolution.
- The nature and functionality of the services owed to the entrepreneur are ultimately agreed upon in the individual contract and the documents mentioned therein. The entrepreneur provides maintenance and support services with due care and in accordance with recognized industry standards. The entrepreneur is not obligated to provide additional services or functionalities. In particular, the entrepreneur does not guarantee (a) issues caused by incorrect usage; (b) that the service will achieve the user’s desired goals; (c) that the service is developed to meet individual user specifications; (d) that the service encounters issues beyond the system requirements. (e) The entrepreneur also does not warrant against data loss or unauthorized access that could not have been prevented by appropriate state-of-the-art security within the framework of the then-current security structure of the services.
- The entrepreneur guarantees that the service complies with the specifications agreed upon in the individual contract and in the documentation throughout the contract term. If the entrepreneur cannot guarantee this, they will inform the client promptly by email. After notification, the client has 90 days to find an alternative before the services are terminated.
- During the contract term, the entrepreneur will remedy defects within a reasonable period at no cost when reported by the user in a written or electronic comprehensible form. The entrepreneur may, at its discretion, fulfill the obligation to remedy defects by offering, at its own expense, a new, defect-free version of the service.
- If the client asserts claims for material defects, this does not affect further agreements between the client and the entrepreneur.
- To the extent permitted by applicable law, statutory warranty rights are definitive.
- The parties agree that the ordering of the service by the client is not dependent on future functionalities or features of the services, oral or written public announcements, or other statements made by the entrepreneur regarding future functionalities or features of the service.
- The entrepreneur is only liable for damages and reimbursement of costs arising from or in connection with the respective individual contract, regardless of the legal reason, in the following cases: (a) The entrepreneur is only liable to the client for damages proven to be caused by fault if gross negligence is established. This also applies mutatis mutandis to damage caused by third parties engaged by the entrepreneur. (b) Liability for indirect damages, such as loss of profit, costs related to business interruption, data loss, or third-party claims, is expressly excluded. (c) Claims for damages expire in accordance with legal regulations but, in any case, no later than one year after knowledge of the damage and the person who caused the damage.
- To the extent and for as long as obligations resulting from force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, state intervention, power failure, disruption of transportation, failure of telecommunications networks or data lines, changes in the law affecting service provision after the conclusion of the agreement, or other non-availability of products, cannot be met in a timely or proper manner, this does not constitute a breach of contract.
- In cases of simple negligence not covered by the provisions of Article 4, the entrepreneur is only liable for the violation of so-called cardinal obligations (i.e., obligations that are essential for the proper performance of the contract and whose compliance the user regularly relies on and may rely on). In these cases, liability for any damage arising in connection with an individual contract is limited to (i) €2,000 per damage event and (ii) for all damage occurring within one calendar year, to a total of twice the amount payable within that calendar year.
- In the case of damage and costs caused by viruses for which the user is not responsible, the entrepreneur is only liable in the case of fault, within the framework of the above provisions, and only on the additional condition that the virus could have been detected and eliminated by suitable, up-to-date protection mechanisms on the part of the entrepreneur.
Article 19 – Additional or Deviating Provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier in an accessible manner.