AGB

General Terms and Conditions

Contractual terms and conditions within the framework of purchase contracts concluded via the platform https://avaundyves.com, https://avaundyves.de, https://avaandyves.com between ava&yves GmbH, Managing Director Geraldine Koppmann-Ribbrock, Bahnhofstr. 120, D-33803 Steinhagen, VAT ID: DE 308762506 (hereinafter referred to as “Provider”) and the users of this platform referred to in § 2 of these GTC – hereinafter referred to as “Customer/Customers”.

§ 1 Scope of application

For the business relationship between the provider and the customer, the following General Terms and Conditions apply exclusively in the version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the provider expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The customer can select products from the assortment of the provider and collect them via the button “add to shopping cart” in a so-called shopping cart. Via the button “Buy now” he submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.

(2) The provider then sends the customer an automatic confirmation of receipt with the subject “Confirmation of your order with ava&yves” by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function. The customer’s order (1) represents the offer to conclude the contract with the respective content of the shopping cart. The acknowledgement of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarises the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of order, general terms and conditions and order confirmation) will be sent by us to the customer on a durable data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection.

(3) The contract is concluded in German.

§ 3 Delivery, availability of goods, payment modalities

(1) The delivery times stated in the order are from receipt of payment. We would like to point out that the delivery of the ordered goods in advance can only take place after the full sum has been credited to our account. The delivery times can be found on the respective product page.

(2) If the product designated by the customer in the order is only temporarily unavailable, the provider shall also inform the customer immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In addition, in this case, the provider is also entitled to withdraw from the contract. In doing so, he will immediately refund any payments already made by the customer.

(3) The customer can make the payment in advance by bank transfer or by PayPal.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by missing the deadline.

(5) If delivery of goods to the customer to the delivery address specified by the customer is not possible or if the customer is not present at an attempted delivery date, the commissioned transport company will send the goods back to the provider.

(6) We reserve the right to withdraw from the contract with the customer if, despite the conclusion of a congruent hedging transaction with our suppliers, we have not been supplied correctly and on time and are not responsible for the lack of availability and we have informed you immediately. Payments made by the customer will be refunded immediately.

§ 4 Retention of title

Until full payment of the purchase price, the delivered goods remain the property of the provider.

§ 5 Prices and shipping costs

(1) All prices stated on the website of the provider are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs are specified to the customer in the order form and are to be borne by the customer.

§ 6 Warranty for material defects

(1) The provider is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. With regard to entrepreneurs, the warranty period for items delivered by the provider is 12 months.

§ 7 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless the customer’s claims for damages resulting from injury to life, limb or health are involved.

(3) The restrictions of para. 1 and 2 shall also apply in favour of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 8 Notes on data processing

(1) The provider collects data of the customer in the context of the processing of contracts. In doing so, it observes in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will only collect, process or use the customer’s inventory and usage data to the extent necessary for the execution of the contractual relationship and for the use and billing of telemedia.

(2) Without the consent of the customer, the provider will not use the customer’s data for the purposes of advertising, market or opinion research. Details on data processing can be found in the data protection regulations of the provider.

§ 9 Cancellation policy

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial shipment or the last piece.

In order to exercise your right of withdrawal, you must inform us (ava&yves GmbH, Managing Director Geraldine Koppmann-Ribbrock, Bahnhofstr. 120, D-33803 Steinhagen, E-Mail: info[[@]]avaundyves.de, VAT ID: DE 261 422 536) of your decision to revoke this contract by means of a clear declaration (e.B. a letter sent by post or e-mail). You can use the sample revocation form shown at the end of this cancellation policy, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation: If you revoke this contract, we will have to pay you all payments that we have received from you incl. of the delivery costs or additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us) immediately and at the latest within fourteen days from the date on which we received the notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; under no circumstances will you be charged any fees for this repayment. We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case at the latest within fourteen days from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

We bear the costs of returning the goods for returns within Germany. In the case of returns from abroad, the buyer bears the costs of returning the goods. They only have to pay for a possible loss of value of the goods if this loss of value is due to a handling of them that is not necessary to check the nature, characteristics and functioning of the goods.

§ 10 Final provisions

(1) Contracts between the provider and the customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. If any, the invalid points shall be replaced by the statutory provisions. Insofar as this would represent an unreasonable hardship for a contracting party, the contract as a whole shall, however, become invalid as a whole.

As of June 15, 2023