Services, assignments and orders are performed on the basis of the General Terms and Conditions of Business (terms and conditions) presented below. The terms and conditions valid at the time the order is placed apply. We accept no variations of these conditions unless confirmed by us in writing. Please note that the current version of the terms of conditions of avedition GmbH is permanently available on the internet at http://www. avedition.de in the menu "Order, shopping basket". It is also possible to print out the general terms and conditions at any time with the help of the general browser function (Menu "File" - command "Print"). The customer is herewith expressly required to read and print out these general terms and conditions.
1. Contractual partner
The contractual partner of the customer is avedition GmbH, Königsallee 57, 71638 Ludwigsburg, Germany.
2. Diverging conditions of the customer
The contract between the customer and avedition GmbH is subject exclusively to the terms and conditions of avedition GmbH. Conditions of the customer that contravene the terms and conditions shall not apply, even if avedition GmbH does not in an individual case expressly reject such provisions.
3. Conclusion of a contract
3.1. The scope of performance of the services offered and the amount of compensation and the mode of payment can be derived from the information on the homepage of avedition GmbH in conjunction with the descriptions of the respective object of the contract in these terms and conditions. The information about the goods and prices given in the course of the order process is not binding. Acceptance of the customer order is given by notification of delivery or the delivery of the goods.
3.2. The customer checks the confirmation for obvious spelling or calculation errors and variances between the order, confirmation and delivery. The customer is obligated to inform us of any such inconsistencies immediately. If the customer or we demand a reversed transaction, the customer may not open the goods further. Otherwise, he will have to indemnify the impairment in value caused as a result.
4.1. We deliver our products to all postal addresses in the Federal Republic of Germany, Austria or Switzerland. Delivery costs may be incurred which will be charged to the customer. For deliveries abroad, the customer shall bear the additional taxes and duties.
4.2. Place of performance is our distribution centre.
5. General terms of payment
5.1. The goods delivered remain our property until they have been paid in full.
5.2. We can only accept the modes of payment offered in the order process. If a direct debit is returned or not honoured, the customer herewith irrevocably authorises his bank to give us his name and current address.
5.3. If the customer is in arrears with his payment despite reminder and fixing of a due date, we are entitled to charge interest on arrears of 5% above the base interest rate of the European Central Bank unless the damage is evidenced to be lower.
6. Warranty and liability
6.1. If the customer provides evidence that the goods delivered are defective, we will ensure that the goods are replaced or the defects remedied within a reasonable period of time. If we fail to do so, the customer is entitled to reverse the purchase or reduce the purchase price. The period of warranty is 3 months.
6.2. We assume liability for culpable damage from the infringement of major contractual obligations (cardinal duties) or if the goods fail to conform with warranted quality. Above and beyond that, we are only liable - whatever the legal cause - under the product liability law or if the damage was caused by us or our vicarious agents due to gross negligence or wilful intent.
6.3. In the case of an infringement of a significant contractual duty due to ordinary negligence, our liability is limited to the typically foreseeable damage; as a rule will not exceed the purchase price of the ordered goods. For all damage caused by ordinary negligence, liability is limited to the damage to the ordered goods.
6.4 avedition GmbH is not liable for assurances or contractual obligations between the customer and third parties, even if these orders are directly or indirectly connected with the services of avedition GmbH.
7.1 avedition agrees to treat all data of the customer received or arising during the term of the contract confidentially and only to use it in execution of the contractually agreed performance. The customer agrees that avedition GmbH may send emails for information purposes to his address on a reasonable scale. The data required to process the transaction will be saved and, if necessary, passed on to related parties and service providers in the course of order processing. For the purpose of credit checking and status inquiries and also for marketing purposes, we exchange data with related parties and inquiry agencies.
7.2 The customer is instructed that with the current level of technology it cannot be completely ruled out for all participants when transferring data on the internet that unauthorised persons gain access to the data being transferred during the transfer process.
8. Individual agreements and amendments to the contract
Individual agreements, amendments and additions to the contract must be made in writing or transmitted by fax, unless these terms and conditions provide otherwise.
9. Amendment of the general terms and conditions
avedition is entitled at any time to amend or supplement the terms and conditions. If the customer does not object to the changed conditions within two weeks of publication, the new terms and conditions shall take effect, as announced, for existing contractual relationships. If the customer objects within the period allowed, avedition GmbH is entitled to cancel the agreement at the point in time when the amended conditions should apply.
10. Invalid contractual provisions
Should a contractual provision or a provision in the general terms and conditions be or become wholly or partially invalid, this shall not otherwise affect the validity of the contract or the general terms and conditions. The invalid provision shall be replaced by a legally valid condition which comes closest to the purpose of the provision. This applies by analogy for a gap in the provisions.
The customer confirms that he is at least 18 years of age. In the case of minors, the signature of a parent or guardian is required.
12.1. German law applies, excluding the UN Convention on the International Sale of Goods, even if the order is placed abroad or the goods are delivered abroad. If the customer has his place of resident or customary place of abode abroad, court of competent jurisdiction for all claims in connection with the order or service is the location our company's registered office. We are also entitled to file an action in your general place of jurisdiction.
12.2. The customer only has the right to offset or reduce his payables if his counterclaims have been finally established or we have acknowledged them in writing. The customer is only entitled to retention, if the claims stem from the same contractual relationship.