General Terms of Agreements

  1. SUBJECT

1.1. These General Terms of Agreements (GTA) govern the contractual relationship between the customer and AVENI.SHOP (hereinafter referred to as AVENI) and form an integral part of all contractual relationships between AVENI and the customer.

1.2. Other General Terms of Agreements to which the customer refers in particular in his orders are only valid with the express written consent of AVENI.

1.3. These GTC cancel and replace all previous GTA between the parties.

1.4. AVENI reserves the right to amend these GTA at any time and without prior notice by publication on www.AVENI.shop. The amended GTA will become effective upon publication.

  1. AVENI SERVICES

2.1. AVENI offers its customers services and products in the field of site harmonization. AVENI provides its services in a professional and timely manner, in accordance with the conditions and specifications stipulated in the individual contracts.

2.2. AVENI reserves the right to entrust the performance of its obligations to third parties.

2.3. Sales

2.3.1. The devices are prepared and delivered at AVENI’s head office. Profits and risks are transferred to the customer upon conclusion of the contract. The customer does not become the owner of the device until the purchase price has been paid in full.

2.3.2. Sales prices are quoted inclusive of all taxes (VAT) for Switzerland and exclusive of VAT for other countries, excluding delivery charges (transport, shipping, customs). Delivery and installation at the customer’s premises are invoiced separately, based on current rates.

2.3.3. Products evolve regularly and images may not correspond to the final object.

2.3.4. AVENI devices are manufactured using 3D printers and then informed. Some imperfections may be visible, but they do not affect the functioning of the device.

  1. CUSTOMER OBLIGATIONS

3.1. The customer is obliged to pay the amounts due under the individual contracts and these GTC within the payment deadlines specified in section 9.1.

3.2. The customer is obliged to assist AVENI actively and promptly in the execution of the contract, within the bounds of reasonableness, in order to enable AVENI to provide the agreed services; it is also obliged to cooperate and take the necessary measures in terms of preparation and provision.

3.3. The customer undertakes to give clear and appropriate instructions and, if requested by AVENI, in writing. AVENI is not obliged to follow any instructions from the customer that prove to be inappropriate.

If these instructions result in additional work and costs for AVENI, these will be invoiced to the customer at the current rates.

3.4. Purchasing

3.4.1. Complaints about incomplete deliveries must be made in writing within 5 days of receipt of the goods at the latest.

3.4.2. Under no circumstances will AVENI take back appliances or products whose original packaging has been opened. It is the customer’s responsibility to check the product before unpacking.

3.4.3. All orders to AVENI are binding and cannot be cancelled by the customer.

  1. OBLIGATION TO INFORM

4.1. The parties inform each other of any developments, incidents or events that may be of importance to the other party in connection with the performance of individual contracts or the contractual relationship in general.

4.2. In particular, the customer undertakes to inform AVENI if it becomes aware that AVENI’s services are being used illegally or contrary to contractual provisions, in particular the GTA, by its employees or by third parties introduced by it, as well as by unauthorized third parties (e.g. hackers).

  1. MAINTAINING SECRECY

5.1. Information that is not accessible to the public and has not been published is treated confidentially. In particular, AVENI undertakes not to provide third parties with any information about the customer’s services, unless expressly authorized to do so.

  1. PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF USE

6.1. Unless explicitly agreed otherwise in writing, individual contracts do not provide for transfer of ownership.

6.2. All intellectual property rights relating to AVENI’s services and products remain the property of AVENI or the entitled third party (unless explicitly agreed otherwise in writing).

6.3. AVENI grants the customer the non-transferable and non-exclusive right to use the AVENI services agreed in the individual contracts. The content and scope of this right are specified in the individual contracts.

6.4. If AVENI’s services include third-party products, the customer acknowledges the conditions governing the use and licensing of these products and grants third parties the right to directly enforce these conditions.

  1. GUARANTEE

7.1. AVENI guarantees the customer careful execution of the contractual services. However, AVENI cannot guarantee faultless service. Announced interruptions of service, in particular where they are due to maintenance work by our Internet provider or AVENI, are not regarded as malfunctions.

7.3. The customer is obliged to check all AVENI services for defects immediately upon receipt. All defects must be reported to AVENI in writing without delay. Parts under manufacturer’s warranty will be replaced by the manufacturer in accordance with the warranty.

7.4. The warranty does not cover defects caused by the customer, third parties or external influences.

  1. RESPONSIBILITY

8.1. In the event of fault, AVENI is liable for direct damage caused to the customer up to the amount of the contractual item.

8.2. AVENI is not liable for any subsequent damages or lost profits. Nor is AVENI liable for any loss of data in connection with the use of storage services. Any third-party (service provider) warranties are reserved.

8.3. The customer is liable for all damages caused to AVENI or third parties by the use of AVENI’s services. The customer releases AVENI from all claims (including legal costs) of third parties that may arise, in particular as a result of the violation of section 6.4 above.

  1. TERMS OF PAYMENT

9.1. AVENI invoices are payable upon order.

9.2. Claims must be made within 5 days of receipt of invoice.

  1. FINAL PROVISIONS

10.1. In the event of contradiction between the French, German and English versions, the French version shall prevail.

10.2. In the event of a dispute, AVENI reserves the right to correspond in French.

10.3. This contract and its integral parts are governed exclusively by Swiss law. The place of jurisdiction is Sierre. AVENI reserves the right to take action against the customer at its registered office or place of residence.

Icogne, January 1, 2025