Terms and Conditions

AquaSound is registered with the Dutch Chamber of Commerce under number 17109745 and is located at Habraken 2145 (5507TE) in Veldhoven, the Netherlands, hereinafter: AquaSound. AquaSound is a trade name/brand of the limited liability company J. van Rijsingen Sanitair B.V., also established at the aforementioned address.

The following terms and conditions have been automatically translated by DeepL.com. This is a translation of the original Dutch version and it may contain errors. In the event of translation errors, the Dutch version shall prevail. Please contact us with any questions or comments.

Article 1 - Definitions

1. In these general terms and conditions the following terms shall have the following meanings unless expressly stated otherwise:

2. Offer: Any written offer to Buyer to deliver Products by AquaSound to which these terms and conditions are inextricably linked.

3. Company: The natural or legal person acting in the course of a profession or business.

4. Consumer: The natural person not acting in the course of a profession or business.

5. Buyer: The Company or Consumer that enters into an Agreement (at a distance) with Seller as well as the person that AquaSound has appointed, granted projects to AquaSound for Services performed by AquaSound, or to whom AquaSound has made a proposal under an agreement.

6. AquaSound: The legal entity acting in the course of a profession or business that provides Products and Services to Buyer.

7. Agreement: Any (purchase) agreement and other obligations between Buyer and AquaSound, as well as proposals by AquaSound for Services provided by AquaSound to Buyer that are accepted by Buyer and have been accepted and performed by AquaSound with which these General Terms and Conditions form an indissoluble whole.

8. Products: The Products offered by AquaSound are waterproof music systems and televisions equipped with well-known and new technology for the bathroom.

9. Application: The Application developed and installed by AquaSound that allows Buyer to download various applications from third parties.

10. Services: The Services provided by AquaSound are the provision of the Application.

11. SaaS Service: the remote provision of the Application, whereby a physical carrier containing the relevant Application is provided to Buyer.

Article 2 - Applicability

1. These General Terms and Conditions apply to any AquaSound Offer, any Agreement between AquaSound and a Buyer and to any Product and/or Service offered by AquaSound.

2. Before an Agreement (at a distance) is concluded, Buyer will be provided with these general terms and conditions. If this is not reasonably possible, AquaSound shall indicate to Buyer the manner in which Buyer may inspect the General Terms and Conditions.

3. Deviation from these general terms and conditions is not possible. In exceptional situations these General Terms and Conditions may be deviated from to the extent expressly agreed upon in writing with AquaSound.

4. These general terms and conditions shall also apply to additional, amended and follow-up agreements of Buyer.

5. If one or more provisions of these general terms and conditions are partially or wholly void or voided, the remaining provisions of these general terms and conditions shall remain in effect and the void/ voided provision(s) shall be replaced with a provision having the same intent as the original provision.

6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.

7. The applicability of articles 7:404 and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.

8. If in these general terms and conditions reference is made to she/he/him, this should also be construed as a reference to he/she/it, if and insofar as applicable.

9. In the event AquaSound has not always required compliance with these General Terms and Conditions, it shall retain its right to require compliance with these General Terms and Conditions in whole or in part.

Article 3 - The Offer

1. All offers made by AquaSound are without obligation, unless otherwise expressly stated in writing. If the Offer is limited or subject to specific conditions, this will be expressly stated in the Offer. An Offer shall not constitute an Offer until set forth in writing.

2. AquaSound shall only be bound by an Offer if the acceptance thereof by Buyer is confirmed in writing within 30 days. Nevertheless, AquaSound has the right to refuse an Agreement with a potential Buyer for good cause.

3. The Offer contains an accurate description of the Product and/or Service offered and its prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind AquaSound. Any pictures and specific data in the Offer are only indicative and cannot be a ground for any compensation or rescission of the Agreement (at a distance).

4. Offers or quotations do not automatically apply to follow-up orders.

5. Delivery times and deadlines stated in AquaSound's Offers are indicative only and shall not entitle Buyer to rescission or compensation if exceeded, unless expressly agreed upon otherwise.

6. A composite quotation shall not oblige AquaSound to deliver a portion of the Goods included in the Offer or Proposal for a portion of the Price quoted.

Article 4 - Formation of the Agreement

1. The Agreement is concluded when Buyer has accepted an AquaSound Offer by paying.

2. An Offer can be made by AquaSound via the website.

3. If Buyer has accepted the Offer by entering into an Agreement with AquaSound, AquaSound will confirm the Agreement with Buyer in writing or at least by email.

4. If the acceptance deviates (on minor points) from the Offer, AquaSound shall not be bound by it.

5. AquaSound shall not be bound by any Offer if Buyer could reasonably have expected or should have understood that the Offer contains an obvious mistake or error in writing. Buyer cannot derive any rights from such mistake or clerical error.

6. The right of withdrawal is excluded for the Buyer being a Business. Buyer being a Consumer is entitled to assert its right of withdrawal within the statutory period. If revocation is applicable, the Buyer shall handle the Product and its packaging with care. It shall only unpack or use the Product to the extent necessary to establish the nature, characteristics and functioning of the Product. The direct costs of returning the Product shall be borne by the Buyer.

7. Products that cannot be returned due to (hygienic reasons, customization, etc.) are excluded from the right of withdrawal. This is explicitly stated in the Offer.

Article 5 - Execution of the Agreement

1. AquaSound shall perform the Agreement to the best of its knowledge and ability.

2. If and to the extent required for the proper execution of the Agreement, AquaSound shall have the right to have certain work performed by third parties at its own discretion.

3. Buyer shall ensure that all information, which AquaSound indicates to be necessary or which Buyer should reasonably understand to be necessary for the performance of the Agreement, is provided to AquaSound in a timely manner. If the information necessary for the performance of the Agreement is not provided to AquaSound in a timely manner, AquaSound will have the right to suspend the performance of the Agreement.

4. In the performance of the Agreement, AquaSound shall not be obliged or obliged to follow the instructions of Buyer if as a result thereof the content or scope of the Agreement is changed. If the directions result in additional work for AquaSound, Buyer shall be obligated to pay the additional or additional costs accordingly.

5. AquaSound may require security from Buyer or full payment in advance prior to performing the Agreement.

6. AquaSound shall not be liable for any damages of any kind caused by AquaSound's reliance on incorrect and/or incomplete information provided by Buyer, unless AquaSound was aware of such incorrectness or incompleteness. This includes the processing of the Agreement through automated decision making.

7. Buyer shall indemnify AquaSound against any claims of third parties, which suffer damages in connection with the performance of the Agreement and which are attributable to Buyer.

Article 6 - Obligations of Buyer

1. Buyer is obliged to provide all information requested by AquaSound as well as relevant attachments and related information and data in a timely manner and/or prior to commencement of the work and in the desired form for the proper and efficient performance of the Agreement. Failure to do so may result in AquaSound being unable to perform and/or deliver the relevant documents in full. The consequences of such situation shall at all times be at the expense and risk of Buyer.

2. AquaSound is under no obligation to verify the accuracy and/or completeness of the information provided to it or to update Buyer with regard to the information if the information has changed over time, nor is AquaSound responsible for the accuracy and completeness of the information compiled by AquaSound for third parties and/or provided to third parties under the Agreement.

3. AquaSound may, if necessary for the performance of the Agreement, request additional information. Failing this, AquaSound will be entitled to suspend its work until the information is received, without being liable for compensation of any kind to Buyer. In case of changed circumstances, Buyer shall immediately inform AquaSound thereof, or no later than 5 business days after the change has become known.

4. Buyer is obliged to protect all technical protections and other features of the Application of AquaSound and to respect the intellectual property rights on the Application.

5. AquaSound is not responsible for internet or telecommunications infrastructure failures beyond AquaSound's control that may result in interruptions in the availability of the Application. Buyer is responsible for ensuring adequate security of its internet or wireless internet connection.

6. Buyer shall provide suitable equipment and/or user environment.

7. Buyer shall indemnify AquaSound from the moment that Buyer first uses the Application for all damages resulting from use of the Application.

8. Buyer shall refrain from inflicting any damage or performing any acts that it reasonably suspects will cause damage to other users of the Application or the servers (of AquaSound).

9. Buyer is responsible for the proper security of the (mobile) device on which it uses the Application, as well as for the security and confidentiality of its own login details.

Article 7 - Delivery of Products

1. If the commencement, progress or delivery of the Agreement is delayed due to, for instance, Buyer's failure to provide all requested information or to provide all requested information in a timely manner, insufficient cooperation, failure of AquaSound to receive timely payment or payment in advance or any other circumstances beyond AquaSound's control, AquaSound will be entitled to a reasonable extension of the delivery period. All agreed upon delivery deadlines shall never be final deadlines. Buyer shall give written notice of default to AquaSound and grant AquaSound a reasonable period of time for delivery. Buyer shall not be entitled to any compensation as a result of the delay.

2. If Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, AquaSound will be entitled to store the goods at Buyer's expense and risk.

3. If the Product is delivered by AquaSound or an external carrier, AquaSound shall be entitled to charge any delivery costs, unless otherwise agreed upon in writing. These will then be invoiced separately.

4. If AquaSound requires information from Buyer for the performance of the Agreement, the delivery period shall not commence until Buyer has provided AquaSound with all information necessary for the performance.

5. If AquaSound has specified a delivery period, it shall be indicative. Longer delivery periods shall apply to deliveries outside the Netherlands.

6. AquaSound shall be entitled to deliver the goods in parts, unless this is deviated from in the Agreement or the partial delivery has no independent value. AquaSound shall be entitled to invoice such deliveries separately.

7. Deliveries will only be made when all invoices have been paid unless expressly agreed upon otherwise. AquaSound reserves the right to refuse delivery if there is reasonable fear of non-payment.

Article 8 - Packaging and transportation

1. AquaSound undertakes to Buyer to properly package and secure the deliverables in such a manner that they will reach their destination in good condition under normal use.

2. Unless otherwise agreed upon in writing, all deliveries shall be inclusive of sales tax (VAT), packaging and packaging materials.

3. Acceptance of goods without any remarks on the waybill or receipt shall be proof that the packaging was in good condition at the time of delivery.

Article 9 - Examination, complaints

1. The Buyer shall be obliged to examine the delivered Product, or have it examined, at the time of delivery, but in any event within 7 days of receiving it, and only to unpack or use it to the extent necessary to assess whether it retains the Product. In doing so, the Buyer must examine whether the quality and quantity of the delivered Product corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings.

2. Buyer shall be obliged to investigate and inform himself as to how the Product is to be used and, in case of personal use, to test the Product in accordance with the instructions for use. AquaSound assumes no liability for any misuse of the Product by Buyer.

3. Any visible defects or shortages must be reported in writing to AquaSound upon delivery at [email protected]. Buyer being a Consumer has 14 days from delivery to do so. Non-visible defects or deficiencies must be reported within 14 days after discovery but no later than 6 months after delivery. If the Product is damaged due to careless handling by the Buyer, the Buyer is liable for any depreciation in value of the Product. A period of 7 days applies to Companies.

4. If, pursuant to the previous paragraph, a timely complaint is made, the Buyer remains obliged to pay for the purchased goods. If Buyer wishes to return defective goods, he will only do so with the prior written approval of AquaSound in the manner as directed by AquaSound.

5. If Buyer being a Consumer exercises his right of withdrawal, he will return the Product and all accessories, to the extent reasonably possible, in its original condition and packaging to AquaSound in accordance with AquaSound's return instructions. The direct costs for return shipments shall be at the expense and risk of Buyer.

6. AquaSound shall be entitled to investigate the authenticity and condition of the returned Products before a refund will be made.

7. Refunds to Buyer will be processed as soon as possible, but may take up to 14 days after receipt of Buyer's declaration of rescission. Refund will be made to the account number previously provided.

8. If Buyer exercises its right of claim, Buyer being a Business is not entitled to suspend its payment obligation nor to set off outstanding invoices.

9. In the event of incomplete delivery, and/or if one or more Products are missing, and this is attributable to AquaSound, AquaSound will, upon Buyer's request, either resend the missing Product(s) or cancel the remaining order. The receipt of the Products shall be leading in this respect. Any damage suffered by Buyer as a result of the (different) scope of delivery cannot be recovered from AquaSound.

Article 10 - Delivery and installation of the Application

1. AquaSound shall, in the manner set forth in the Agreement, deliver or make available online the Application to Buyer for delivery. Any agreed upon user documentation shall be provided to Buyer in writing or digitally.

2. Buyer accepts the Application in the condition it is in at the time of delivery ('as is'), therefore with all visible and invisible defects.

3. If the commencement, progress or delivery of the Software is delayed due to, for instance, Buyer's failure to provide all requested information or to do so in a timely manner, insufficient cooperation, the fact that the advance payment was not received by AquaSound in a timely manner or other circumstances that are for the account and risk of Buyer, AquaSound will be entitled to a reasonable extension of the delivery period. In no event shall the specified time periods be final deadlines, nor shall AquaSound be held liable for exceeding the agreed upon time period.

4. All damages and additional costs as a result of any delay caused by any of the causes mentioned in paragraph 3 shall be at the expense and risk of Buyer and will be charged to Buyer by AquaSound.

Article 11 - Prices and payment

1. All prices are in principle inclusive of sales tax (VAT), unless otherwise agreed.

2. AquaSound shall perform its services in accordance with the agreed upon rate.

3. Buyer shall be obliged to fully reimburse the costs of third parties, which are used by AquaSound after approval of Buyer, unless otherwise expressly agreed upon.

4. Parties may agree that Buyer shall make an advance payment. If an advance payment is agreed upon, Buyer shall pay the advance payment prior to commencement of performance of services.

5. Buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.

6. AquaSound shall be entitled to increase the applicable prices and rates annually in accordance with applicable inflation rates. Other price changes during the Agreement shall only be possible if and to the extent expressly set forth in the Agreement.

7. Buyer shall pay these charges in one lump sum, without setoff or suspension, within the specified payment period as stated on the invoice, to the account number and details of AquaSound made known to it.

8. In case of liquidation, insolvency, bankruptcy, involuntary liquidation or petition for payment against Buyer, the payment and all other obligations of Buyer under the Agreement shall become immediately due and payable.

Article 12 - Collection policy

1. When Buyer fails to fulfill its payment obligation, and has not fulfilled its obligation within the payment period, Buyer being a Business is legally in default. The Buyer being a Consumer will first receive a written reminder with a period of 14 days after the date of the reminder to still meet the payment obligation with an indication of the extrajudicial costs if the Consumer does not meet her obligations within that period, before she is in default.

2. As of the date that the Buyer is in default, AquaSound will be entitled, without further notice, to statutory commercial interest as of the first day of default until full payment, and compensation for extrajudicial costs in accordance with article 6:96 of the Dutch Civil Code, to be calculated in accordance with the graduated scale of compensation for extrajudicial collection costs as per the Decree on extrajudicial collection costs of July 1, 2012.

3. If AquaSound has incurred additional or higher costs which are reasonably necessary, such costs will be eligible for reimbursement. The Buyer will also bear the full legal and execution costs incurred.

Article 13 - Retention of title

1. All Goods delivered by AquaSound shall remain the property of AquaSound until Buyer has fulfilled all of the following obligations under all Agreements concluded with AquaSound.

2. Buyer shall not be entitled to pledge or otherwise encumber any items subject to retention of title if title has not been transferred in full.

3. If any third party seizes any goods delivered under retention of title or intends to establish or enforce any rights to such goods, Buyer shall notify AquaSound thereof as soon as reasonably may be expected.

4. In case AquaSound wishes to exercise its property rights as referred to in this article, Buyer hereby grants unconditional and irrevocable permission and authorization to AquaSound or any third parties to be designated by AquaSound, to enter all such places where the property of AquaSound is located and to repossess such goods.

5. AquaSound will be entitled to retain possession of the Product(s) purchased by Buyer if Buyer has not yet fulfilled his payment obligations (in full), despite an obligation of AquaSound to assign or deliver. After Buyer has fulfilled his obligations, AquaSound will make every effort to deliver the purchased Product(s) to Buyer as soon as possible, but no later than within 20 business days.

6. Costs and other losses or expenses resulting from the retention of the purchased Products shall be at the expense and risk of Buyer and shall be compensated by Buyer to AquaSound upon demand.

Article 14 - Warranty

1. AquaSound warrants that the Services comply with the Agreement, the specifications stated in the offer, usability and/or reliability and the statutory rules/regulations at the time of the conclusion of the Agreement. This shall also apply if the Goods to be delivered are intended for use abroad and Buyer has expressly notified AquaSound of such use in writing at the time of entering into the Agreement.

2. Any warranty shall be expressly agreed upon in writing. Product warranties shall never extend beyond what is provided by the manufacturer or beyond what is explicitly agreed upon. In case of conflict, the warranty as provided by the manufacturer shall prevail. The warranty period for electronic Products is 24 months.

3. Buyer may only invoke the warranty provided by AquaSound if Buyer has fully complied with its payment obligations.

3. If Buyer rightfully invokes the warranty, AquaSound shall be obliged to perform repair or replacement free of charge.

4. AquaSound does not warrant that the Application will function without errors and/or interruptions. AquaSound shall make every effort to correct errors in the Application within a reasonable time. The correction shall only apply to the Application developed by AquaSound itself and the defects reported in a timely manner. Defects in the Application that were not developed by AquaSound may be corrected by agreement at Buyer's risk and expense.

Article 15 - Access to the Application

1. AquaSound is entitled to deny Buyer access to the Application and/or terminate the use of the Application in case of abuse and/or possible criminal offences.

2. AquaSound shall not be liable for any damage caused by complications related to the availability or operation of third party information, as well as the damage resulting from use of the Application in violation of terms and conditions or for purposes other than those for which the Application is intended.

3. AquaSound shall make every effort to provide the Application and access to the Application to the extent possible, uninterrupted to Buyer, but does not guarantee the full availability of the Application at all times. AquaSound is entitled to suspend the use of the Application if and to the extent that, in its opinion, there is a threat to the flawless functioning of the Application. AquaSound is further entitled to take all measures it reasonably deems necessary to ensure the effective functioning of the Application.

4. If AquaSound, pursuant to a request or order of a governmental authority and/or a legal obligation, performs any work with regard to Buyer's data, the costs associated therewith shall be borne solely by Buyer.

5. In the event of any changes, AquaSound may continue performance of the Service with the modified version of the Application. In no event shall AquaSound be obligated or obliged to maintain, modify or add certain functionality and/or specific features.

6. AquaSound shall provide written and/or oral information regarding the measures to be taken by Buyer to prevent and limit damage due to malfunctions, defects in the Service, mutilation or loss of data. If necessary, Buyer shall take additional measures.

Article 16 - Right of use and restrictions on use

1. AquaSound shall make the agreed upon Application and user documentation available to Buyer on the basis of a user license during the term of the Agreement. In no event shall the Agreement for use of the Application be construed as a purchase agreement.

2. The use of the Application by Buyer may be subject to further restrictions and may be modified by AquaSound.

3. AquaSound shall at all times be entitled to take action against any unlawful use and/or unauthorized use of the Application by Buyer. Buyer shall refrain from any action that would undo or render ineffective such measures.

5. The Buyer may never sell, rent or dispose of the Application or grant limited rights to it or make it available to a third party. Nor may the Buyer give a third party access to the Application or transfer the Application to a third party for hosting, regardless of whether this third party uses the Application solely for the benefit of the Buyer.

6. In no event shall Buyer be entitled to modify the Application, in whole or in part, without the prior written permission of AquaSound. AquaSound shall in no event be obligated to grant such permission and is entitled to attach conditions to the granting of its permission.

7. If requested, Buyer shall upon AquaSound's first request fully cooperate with any investigation to be conducted by AquaSound into compliance with the agreed rights, obligations and restrictions of use.

8. If and insofar as AquaSound makes any Third Party Application available to Buyer, the use of such Application shall be subject to the terms of use and/or license of such third party.

9. If and insofar as the conditions referred to in paragraph 1 of this article do not apply or are declared inapplicable, the provisions of these General Terms and Conditions shall apply in full.

10. AquaSound shall not be required to make available the auxiliary Application and program or data libraries necessary for the use and/or maintenance of the Application and/or Application. AquaSound may charge a fee for the provision of such auxiliary Application and/or program or data libraries.

11. The above limitations on use shall not apply to the extent the parties have expressly agreed otherwise, and Buyer has independently borne the full costs of design and development.

Article 17 - Suspension and dissolution

1. AquaSound shall be authorized to suspend the performance of its obligations or to rescind the Agreement if Buyer fails to perform any or all of its (payment) obligations under the Agreement.

2. In addition, AquaSound shall be authorized to rescind the existing Agreement between itself and Buyer, to the extent it has not yet been performed, without judicial intervention, if Buyer fails to perform any of his obligations under any Agreement concluded with AquaSound, or fails to do so properly or in a timely manner.

3. In addition, AquaSound will be entitled to rescind the Agreement without prior notice of default if any circumstances arise of such a nature that performance of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if any other circumstances arise of such a nature that the unaltered maintenance of the Agreement can no longer be reasonably expected.

4. If the Agreement is terminated, AquaSound's claims against Buyer shall become immediately due and payable. If AquaSound suspends performance of its obligations, it shall retain its claims under the law and the Agreement.

5. AquaSound retains the right to claim for damages or compensation at all times.

Article 18 - Limitation of liability

1. If any result set forth in the Agreement is not achieved, a shortcoming of AquaSound shall only be deemed to exist if AquaSound expressly promised such result upon acceptance of the Agreement.

2. In the event of an attributable failure of AquaSound, AquaSound shall only be liable to pay any damages if Buyer has given AquaSound a notice of default within 14 days of discovery of the failure and AquaSound has not subsequently remedied such failure within a reasonable period of time. The notice of default shall be in writing and shall contain an accurate description/substantiation of the deficiency to enable AquaSound to respond adequately.

3. If AquaSound's performance of the Agreement leads to any liability of AquaSound to Buyer, such liability shall be limited to the costs charged by AquaSound in connection with the Agreement unless the damage was caused by intent or gross negligence. In any event, the liability of AquaSound shall be limited to a maximum amount to be paid by the insurance company of €2,500,000 per event, per year increased by the amount of the deductible to be borne by AquaSound.

4. AquaSound shall not be liable for any consequential damage, indirect damage, loss of profits and/or losses suffered, missed savings and damage resulting from the use of the Products delivered is excluded.

5. AquaSound shall not be liable for and/or obliged to repair any damage caused by the use of the Product. AquaSound provides strict maintenance and usage instructions which must be followed by Buyer. All damages to Products resulting from use are expressly excluded from liability (including traces of use, usage damage, fall damage, light and water damage, theft, loss, etc.). For Consumers, a limitation applies in accordance with what is permitted under article 7:24 paragraph 2 of the Dutch Civil Code.

6. AquaSound shall not be liable for any damages that result or may result from any act or omission resulting from any information (incomplete and/or inaccurate) on its website or the Application.

7. AquaSound shall not be responsible for errors and/or irregularities in the functionality of the Application and shall not be liable for failures or unavailability of the Application for any reason.

8. Buyer is solely responsible for the proper security of passwords and more. In no event shall AquaSound be liable for Buyer's security failures.

9. Buyer warrants the accuracy and completeness of the information and requirements provided by it regarding the Products.

10. AquaSound does not warrant the correct and complete transmission of the content of and email sent by/on behalf of AquaSound, nor the timely receipt thereof.

11. All claims of Buyer for failure to perform on the part of AquaSound shall expire if not reported to AquaSound in writing with reasons within one year after Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of Buyer shall in any event expire one year after the termination of the Agreement.

Article 19 - Force majeure

1. AquaSound shall not be liable if it cannot perform its obligations under the Agreement as a result of a Force Majeure Event.

2. Force Majeure on the part of AquaSound shall include, but not be limited to: (i) force majeure of AquaSound's suppliers, (ii) improper performance of obligations of suppliers prescribed or recommended to AquaSound by Buyer, (iii) defectiveness of items, equipment, Application or materials of third parties, (iv) governmental measures, (v) power failure, (vi) failure of internet, data network and telecommunication facilities (e.g. due to: cybercrime, hacking and DDoS attacks), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) fire and (xi) other situations that, in the opinion of AquaSound, are beyond its control that temporarily or permanently prevent performance of its obligations.

3. If a Force Majeure Event lasts longer than two months, the Agreement may be terminated by either party in writing. In such case, if any performance has already been made under the Agreement, payment shall be made pro rata without any indebtedness of each party to the other.

Article 20 - Transfer of Risk

Risk of loss of or damage to the Products subject to the Agreement shall pass to Buyer being a business at the time the items leave AquaSound's warehouse. For Consumers, the foregoing risk shall pass to Buyer if the Products have been given into the control of Buyer. This is the case when the Products have been delivered to Buyer's delivery address.

Article 21 - Intellectual Property Rights

1. All intellectual property rights of AquaSound, including any Application, data files, equipment and/or other materials made available to Buyer including but not limited to designs, analyses, reports, documentation and offers as well as all preparatory materials thereof, belong exclusively to AquaSound, and/or third parties or suppliers if these rights already belong to others than AquaSound.

2. Buyer is prohibited from disclosing and/or duplicating, modifying or making available to third parties any documents and Application subject to the IP Rights and copyrights of AquaSound without the express prior written permission of AquaSound and an agreed upon monetary compensation. If Buyer wishes to make changes to any items delivered by AquaSound, AquaSound must expressly approve the intended changes.

3. Buyer is prohibited from using the products subject to AquaSound's intellectual property rights other than as agreed upon in the Agreement.

4. Parties shall inform each other and take joint action against any infringement of AquaSound's IP Rights.

5. Buyer shall indemnify AquaSound against any third party claims for infringement and/or claims of third parties with regard to anything made available to Buyer under the Agreement. Buyer shall immediately inform AquaSound of such infringements and/or claims.

6. Any infringement by Buyer of the IP rights (and copyrights) of AquaSound, will be sanctioned by a one-time fine in the amount of € 10,000.00 (in words: ten thousand Euros) and a fine of € 500.00 (in words: five hundred Euros) for each day that the infringement continues.

Article 22 - Privacy, data processing and security

1. AquaSound will handle with care the personal data of Buyer and visitors of the Application(s). If requested, AquaSound will inform the data subject.

2. Buyer is solely responsible for the processing of any data processed through the use of any service of AquaSound. Buyer also warrants that the content of the data is not unlawful and does not infringe any rights of third parties. In this respect, Buyer shall indemnify AquaSound against any claim or cause of action related to such data or the performance of the Agreement.

3. If AquaSound is required to provide security of information under the Agreement, such security shall comply with the agreed upon specifications and a level of security that is not unreasonable in light of the state of the art, the sensitivity of the data, and the costs involved.

Article 23 - Complaints

1. If Buyer is not satisfied with AquaSound's service and/or has any complaints about the (performance of the) Agreement, Buyer is obliged to report such complaints as soon as possible, but no later than within 14 calendar days after the relevant occasion that led to the complaint. Complaints can be reported via [email protected] with the subject line "Complaint".

2. The complaint must be sufficiently substantiated and/or explained by Buyer in order for AquaSound to process the complaint.

3. AquaSound will respond to the content of the complaint as soon as possible, but no later than within 14 calendar days after receipt of the complaint.

4. Parties will attempt to reach a solution together.

Article 24 - Applicable law

1. Dutch law applies to the legal relationship between AquaSound and the Buyer.

2. AquaSound has the right to change these general terms and conditions and will inform the Buyer of this.

3. All disputes arising from or as a result of the Agreement between AquaSound and the Buyer will be settled by the competent court of the East Brabant District Court, location Eindhoven, unless provisions of mandatory law lead to the jurisdiction of another court.

Veldhoven, 11 February 2022.