General Terms of Agreements
1. OBJECT
1.1. These General Terms and Conditions (GTC) govern the contractual relationships 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. Any other general terms and conditions referred to by the Customer, namely in any orders placed with AVENI, are only valid and applicable if AVENI has previously expressly agreed so in writing.
1.3. These GTC supersede and replace all previous GTC between the parties.
1.4. AVENI reserves the right to change these GTC at any time and without prior notice by publication on the Web site aveni.shop. Such changes will take effect immediately after publication.
2. SERVICES OF AVENI
2.1. AVENI provides its Customers with services and products in the field of harmonization of locations. AVENI provides its services professionally, on time and according to the conditions and specifications as agreed.
2.2. AVENI reserves the right to call upon third parties to fulfill its contractual obligations.
2.3. Sales
2.3.1. The preparation and handing-over of merchandise occurs at AVENI’s principal place of business in Icogne. Profit and risk of the merchandise passes to the Costumer with the conclusion of the contract. Property is transferred to the Customer only once the sale’s price has been paid in full.
2.3.2. The sale’s prices indicated are inclusive of all taxes for Switzerland and exclusive taxes for foreign countries, but excluding delivery costs (transport and packaging). Delivery and installation at home is invoiced separately according to the applicable current rates.
2.3.3. Products evolve regularly and images may not correspond to the final object.
3. CUSTOMER’S OBLIGATIONS
3.1. The Customer must pay all amounts due under the individual contracts as well as in these GTC’s on time as specified in paragraph 9.1.
3.2. The Customer is obligated, as far as reasonable, to assist AVENI win actively and rapidly in its performance of the contract; in addition, the Customer must take all necessary measures in respect to preparation and remittance.
3.3. The Customer undertakes to give clear and pertinent instructions and, if asked to do so by AVENI, in writing. AVENI is not obligated to follow the Customers instructions when inappropriate. If these instructions generate additional work or costs for AVENI, they will be charged according to the applicable current rates.
3.4. PURCHASES
3.4.1. Complaints about incomplete deliveries must be made in writing within 5 days of receipt of the delivery.
3.4.2. Under no circumstances will AVENI accept returns for software or operating systems if the original packaging has been opened. The Customers must carefully inspect the operating system, product version and language prior to opening the packaging.
3.4.3. All orders to AVENI are final and cannot be cancelled by the Customer.
4. INFORMATION OBLIGATION
4.1. The parties inform each other of all developments, incidents or events that may be important for the other party with respect to the performance of the specific contract or in the context of the general contractual relationship.
4.2. In particular, the subscriber must inform AVENI if he notices that the services of AVENI are being used in an illegal manner, in violation of contractual provisions, in particular the GTC, by his co-workers or third parties introduced by him, as well as by unauthorized third parties (for example “hackers”).
5. CONFIDENTIALITY
5.1. Information that is not accessible to the public and that has not yet been published must be handled confidentially. In particular, AVENI undertakes to not provide third parties with any information whatsoever regarding the services of Customers, unless AVENI has been expressly authorized to do so.
6. PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF USE
6.1. No property rights will be transferred, unless expressly agreed otherwise in writing. In particular, the software and equipment, provided by AVENI for the use of its services remain the exclusive property of AVENI.
6.2. Any intellectual property rights concerning the services and products supplied by AVENI remain the property of AVENI or the respective owners (unless otherwise expressly agreed in writing).
6.3. AVENI grants the Customer the non-transferable and non-exclusive right to use the services of AVENI defined in the specific contracts. The content and degree of this right are governed by the specific contracts.
6.4. The Customer acknowledges the conditions and terms of use and license terms of third parties, if the services of AVENI include services or goods of such third parties, and grants these third parties the right to enforce claims directly in case of violation.
7. WARRANTY
7.1. AVENI warrants the careful execution of the contractually agreed services. However, AVENI cannot guarantee faultless services. Announced interruptions of its services, in particular if due to maintenance work by our Internet provider or AVENI, will not be considered as disruptions.
7.2. The Customer undertakes to control that the AVENI services are free from any defects immediately after delivery. All defects must be notified to AVENI without delay in writing. All defective products covered by the manufacturer’s warranty shall be replaced by the latter. The Customer must exercise his guarantee rights directly against the manufacturer. If the Customer asks AVENI to exercise this right on his behalf, AVENI is authorized to charge its costs according to the applicable current rates. Any costs of reinstallation and reconfiguration shall be charged separately according to the applicable current rates.
7.3. The warranty is excluded for any defects caused by the Costumer, third parties or exterior influences.
7.4. Postage and packing costs will be invoiced in addition.
8. LIABILITY
8.1. AVENI assumes limited liability for all direct damages caused to the Customer through its fault up to a maximum amount equal to the contract value.
8.2. AVENI does not answer for any subsequent damage or lost profit. AVENI also does not respond to any data loss related to the use of storage services. Any third party guarantees (service provider) are reserved.
8.3. The Customer is liable for all damages caused to AVENI or to third parties by use of AVENI’s services. The Customer shall hold AVENI harmless from all claims (including legal fees) by third parties that may arise, in particular through breach of paragraphs 6.4.
9. CONDITIONS OF PAYMENT
9.1. AVENI’s invoices are due for payment within 10 days of invoicing.
9.2. AVENI’s hourly rate is CHF 150.- (plus VAT). Remote maintenance is charged per quarter hour. Travelling expenses are charged CHF 1.- (plus VAT) per kilometer (travelling time is not charged). Prices may be modified at any time and without prior notice, unless otherwise expressly agreed in writing.
9.3. Complaints must to be made within 5 days of receipt of the invoice.
9.4. In the event of delay in the payment of an invoice, AVENI is entitled to request from the 1st reminder interest on arrears of 5 % p.a.
9.5. The Customer shall be charged CHF 20.- for every reminder.
9.6. The Customer shall be charged CHF 100.- for any money claim in addition to the effective debt collection costs.
9.7. In case of non-payment after the third reminder, AVENI is entitled to reclaim the merchandise and to block or terminate the Internet services as well as to terminate the contract with immediate effect.
9.8. Shipping costs are calculated when you enter your delivery address:
- CHF 10.- for shipments to Switzerland
- CHF 15.- for shipments within Europe
- CHF 20.- for shipments to other countries
9.9. When shipping abroad, customs fees may be charged by the carrier.
10. FINAL PROVISIONS
10.1. In the event of any differences or contradictions between the different versions (French, German and English), the French version alone shall prevail.
10.2. In case of dispute, mac AVENI win reserves the right to correspond in French.
10.3. The present contract is subject to the laws of Switzerland. The place of jurisdiction is Sierre. Notwithstanding the forgoing, AVENI reserves the right to take legal action against the Customer at the Customer’s registered office or domicile.
Icogne, September 1st 2023