General terms and mentions
General terms and mentions
Aevon, 17th October 2009
1. The following general terms and conditions are valid for all the commercial relations between us and the customers.
2. The term “customer” in the present general terms and conditions means the end consumer as the professional.
3. Every clause added, different or contrary to the present general terms and conditions won’t be part of the contract for being known, but they have to be expressly and in written form accepted.
II. Conclusion of the contract
1. The conditions of our products remain free and non contractual. The presentation on our web site of products is no offer, but only an invitation to the customer to order our products. Aevon reserves its rights to make some technical or other modifications, especially concerning the form, the colour or the weight, in a reasonable measure.
2. An order through Internet represents an offer to the Aevon company in order to conclude a sell. The attestation of reception per Email does not represent an acceptation of the offer, but informs only the customer that his order is arrived by the Aevon company. The order per phone does not represent a contractual acceptation on the part of the Aevon company.
3. The Aevon company reserves its rights not to accept an order done through Internet. The Aevon company has the right to accept in the following two weeks after the order, a contractual offer done through the said order.
4. The conclusion of the contract intervenes under reserve that the contract would be partially or entirely non executed, in case of incomplete or not conformed supply of the Aevon company.
5. In case of non availability or only partial availability, the customer will be immediately informed. The consideration will be returned without delay.
The merchandises will be delivered at the address given by the customer during the order. The general indications concerning the term of shipment are always not contractual. This is not valid for the terms of shipment individually given. The partial shipments are allowed, when these are reasonable to the customers.
1. The price proposed is fix. All the prices are in Euros, included the German value added taxes (VAT) in the case of shipments to private customers inside or outside of Europe and in case of shipments to private and non private customers in Germany. The VAT is not included for shipments to non private customers outside of Germany. For distance purchases, the price does not include the shipment costs, which have to be added to the initial price. These shipment costs are based on the clause §5 of the present general terms and conditions.
2. The payment will be done through pre payment only. For all pre payment, the customer receives from us an account due to which the customer can make the bank transfer under his customer number and the account number.
3. There is no minimum purchase value. For every purchase under 50,00 Euros, the Aevon company adds a lump sum of 5,00 Euros as a supplement for small quantity.
4. The merchandise is sent as soon as the payment has been received.
5. If the reception of the order sent to the customer is refused by the customer, cancellation costs of 50,00 Euros will be imputed as well as the shipment costs. In case of impossible delivery, the delivery costs will be supported by the Aevon company.
V. Shipment costs
1. The customer pays the shipment costs from the registered office of the Aevon company.
2. The calculation of the shipment is still to be defined. They depend on the place of shipment and the quantity ordered.
VI. Information relative to the cancellation right
1. Right of cancellation
The customer can cancel during two weeks the sell in written form (per Email or letter) or in returning the merchandise, without giving any reason. The term begins at least with the reception of this information. The term is suspended with the send of the cancellation letter or the return of the merchandise in due time. The cancellation is addressed to the Aevon company. The cancellation right is excluded, when the merchandise has been especially designed or modified for the special need of the customer.
2. Follow of the cancellation
In case of a valid cancellation, the considerations performed by the two parties will be restituted and, in case, the other obligations (Ex: the interests) will cease. If the customer cannot return the received consideration totally, partially or only in a degraded state, he will in this case pay the substituted value. The customer can avoid paying the substituted value in not using the merchandise as if he was the owner and make ceased all that damage the value of the merchandise. The customer bears the shipment costs, if the merchandise received corresponds to the order. If not, the re-shipment occurs without cost for the customer.
VII. The warranty
1. The data, drawings, reproductions, technical data or relative to the weight, the measures and performances, contained in the flyers, catalogs, collective correspondence (not individual), advertisements or price lists have only informative value. The Aevon company does not guaranty the rightness of the information. Concerning the type and extent of the shipment, only the data contained in the confirmation of the take into account of the order are contractual.
2. Every defect of the product will be notified by the customer to the society Aevon as well as returned to the company to his own cost after having talked about the situation with the Aevon company. Aevon reserves its own right not to pay back the reshipment costs, if the product had been resent without the prior acceptance of the Aevon company. Every visible defect will be notified in written form to the Aevon company within the two months following the shipment. If not, the customer loses the enforceability of the warranty.
3. The supplier warranty is defined according to the §§433 and following BGB (German civil law book). In the frame of a sell to end customers, the warranty is limited to 2 years after the sell. The Aevon company has the right to decide to repair or to replace for free the product.
VIII. Limitation of the liability
1. In case of slight neglectfully violation of the non contractual obligations, the liability of the Aevon company as well as the liability of its representants is limited to the foreseeable, immediate, average damages characteristic of the contract.
2. In case of slight violation of the non essential considerations of the contract, caused by neglect and not endangering the execution of the contract, the Aevon company as well as its representants cannot be liable.
3. The limitations of the liability here above do not concern the claims of the customer based on the liability on defect products or on the warranty. Moreover, the limitations of the liability are not applicable in case of body or health injuries or loss of life imputable to the Aevon company.
IX. Property reserve
1. The delivered merchandise remains property of the Aevon company until the entire payment has succeed.
2. The customer is obliged to take care of the merchandise during the existence of the property reserve. In this purpose, the customer must do regularly and to his own costs, the necessary maintenance and controls. The customer must inform immediately and in written form, the Aevon company of every grasp of tiers, peculiarly in case of judicial execution, as well as every potential damages or destruction of the merchandise. The customer must notify every change of possessor of the merchandise as well as every change of address. The customer bears every damage or charge due to a violation of these obligations and of the necessary intervention measures against the merchandise by a tier.
3. The Aevon company has the right to retreat of the contract and asks for the restitution of the merchandise, in case the customer behaves contrarily to the contract and peculiarly in case of default of payment. Moreover the Aevon company has the right to resign the contract and asks for the restitution of the merchandise in case violation of the obligations according to §2 of this contract, if the respect of the contract is not demanded anymore.
X. Compensation and right of detention
1. Le customer can compensate only with monetary claim which has been legally assessed or admitted by the Aevon company.
2. A retention right can be exerced by the customer, only if his counter-claim is based on the same contract.
XI. Jurisdictional clause and applicable law
1. The law of the Federal Republic of Germany is applicable to the present contract. For the consumers who do not conclude the contract in a professional or industrial purpose, this jurisdictional clause is valid only in the measure that the chosen law does not deprive the customer of the compulsory rules of the country, in which the customer has his common domicile (“domicile” should be understood as defined under German law). The clauses of the United Nations Convention on contracts for the sale of goods (CISG) are not applicable to the present contract.
2. If the customer is a dealer or a legal person of public law, the competent tribunal for all the litigations relative to the present contract is exclusively the court jurisdiction for the litigations relative to this contract the seat of the Aevon company. The same applies also when the customer has no common jurisdiction court or when the common domicile at the time of the claim enforcement.
In case a clause of the contract between the company and the customer, including the present legal terms and conditions, would be or become totally or partially not valid, the validity of the other clauses would remain. The clause totally or partially not valid must be replaced with a clause, the commercial effects of which are as close as possible of the non valid clause.
XII. Data protection
1. Thanks to the protection of the data, the Aevon company informs its customers concerning:
• The way, the extent, the duration and the purpose of the arise, the treatment and the use of the private data necessary to the order and the accounting,
• Your objection right to the creation and use of your anonym use profile for the purpose of advertisement, market analysis and the organisation of an offer respecting your need,
• The transfer of the data to a representative of the Aevon company and to the societies obliged to the respect of the legal dispositions relative to the protection of the data in the purpose and for the duration of the reliability controls and the shipment of the merchandises,
• The right to obtain for free your private data registered by the Aevon company,
• The right of correction, suppression or blocking of your data registered by the Aevon company.
2. The arise, treatment and use of the private data in a marketing purpose require the agreement of the customer. The customer has the possibility to give his agreement before he orders. The customer has always the right to recall his agreement, with validity for the future.
USt-IdNr: DE 251581868