Terms of Conditions

Terms of Conditions of AVOTECNICA SRL
Index
1. Scope of application
2. Conclusion of the Contract
3. Right of withdrawal
4. Prices and payment conditions
5. Shipping and delivery conditions
6. Retention of property rights
7. Warranty
8. Redeeming Campaign Vouchers
9. Redeeming Gift Cards
10. Applicable law
11. Competent court
12. Alternative dispute resolution
13. Cancellation Terms
14. Terms of the right of withdrawal
15. Order cancellation times
16. Effects of cancellation

1) Scope of application
1.1 These General Terms and Conditions of the company AVOTECNICA SRL (hereinafter referred to as the "Seller") apply to all contracts concluded between a consumer or a professional (hereinafter referred to as the "Customer") and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's conditions is hereby objected to, unless other terms have been stipulated.
1.2 With regard to the purchase of vouchers, these Terms and Conditions apply accordingly, unless otherwise expressly agreed.
1.3 For contracts relating to the delivery of vouchers, these Terms and Conditions apply accordingly, unless otherwise expressly agreed.
1.4 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal contract for a purpose that is neither attributed to a predominantly commercial nor to an independent professional activity. A professional within the meaning of these Terms and Conditions is any natural or legal person or company with legal capacity who is acting in the performance of a commercial or independent professional activity at the time of concluding a legal contract.
1.5 Digital content within the meaning of these General Conditions is all data not on a material medium which is produced in digital form and is provided by the Seller by granting certain usage rights precisely defined in these General Conditions.

2) Conclusion of the Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In this way, after placing the selected goods and/or services in the virtual shopping cart and going through the ordering process, and by clicking on the button that finalizes the ordering process, the Customer submits a legally binding contract offer in relation to the goods and/or services contained in the shopping cart. The Customer may also submit his offer to the Seller by telephone, fax, e-mail or postal service.
2.3 The Seller may accept the Customer's offer within five days, - by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar as receipt of the order confirmation by the Customer is decisive, or - by delivering the ordered goods to the Customer; insofar as receipt of the goods by the Customer is decisive, or - by requiring the Customer to pay after placing the order. Provided that several of the aforementioned alternatives apply, the contract will be concluded at the time one of the aforementioned alternatives occurs for the first time. If the Seller does not accept the Customer's offer within the aforementioned period of time, this will be considered as a rejection of the offer with the effect that the Customer is no longer bound by his declaration of intent.
2.4 If the Customer chooses "PayPal Express" when ordering, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. and so on, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The PayPal terms of use apply and can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/servicedescription-full?locale.x=en_IE. In the event that the Customer does not have a PayPal account, the conditions for payments without a PayPal account will apply and can be viewed at: https://www.paypal.com/ie/webapps/mpp/ua/legalhub-full?locale.x=en_US. If the Customer chooses "PayPal Express" as the payment method, he also initiates a payment order for PayPal by clicking on the button that finalizes the ordering process. In this case, the Seller declares that he accepts the Customer's offer already at the moment in which the Customer initiates the payment transaction by clicking on the button that finalizes the ordering process.
2.5 In the event of an order via the Seller's online order form, the text of the contract will be stored by the Seller and will be sent to the Customer in writing including these Terms and Conditions (e.g. by e-mail, fax or letter) after the Customer has submitted his order. In addition, the text of the contract will be stored on the Seller's website and can be found by the Customer via the password-protected customer account by entering the respective login information, provided that the Customer has created a customer account in the Seller's online shop before submitting his order.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize input errors by carefully reading the information displayed on the screen. The browser's zoom function to enlarge the screen display can be an effective method to better recognize input errors. The Customer can correct all data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button to finalize the ordering process.
2.7 The German language is available exclusively for the conclusion of the contract.
2.8 Order processing and contact usually takes place via email and automated order processing. It is the Customer's responsibility to ensure that the email address he provides for order processing is accurate so that emails sent by the Seller can be received at this address. In particular, it is the Customer's responsibility, if SPAM filters are used, to ensure that all emails sent by the Seller or third parties commissioned by the Seller with order processing can be delivered.
2.9 When ordering alcoholic beverages, the Customer confirms by placing the order that he or she has reached the minimum legal age requirement and undertakes to ensure that only he or an authorised adult will receive the goods.

3) Right of withdrawal
3.1 Consumers have the right of withdrawal within and no later than 14 working days.
3.2 Detailed information on the right of withdrawal is provided in the Seller's instructions on cancellation.
3.3 The right of withdrawal does not apply to consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose exclusive domicile and delivery address were located outside the European Union at the time of conclusion of the contract.

4) Prices and payment conditions
4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices including the statutory sales tax. Delivery costs, if any, will be indicated separately in the respective product description.
4.2 Payment can be made using one of the methods indicated in the Seller's online store.
4.3 In the case of delivery to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. This includes, for example, transfer fees charged by banking institutions (transfer fees, exchange fees) or import duties or taxes (customs). Such costs related to the money transfer may also arise if the delivery is not made to a country outside the European Union and the Customer makes the payment from a country outside the European Union.
4.4 If the payment method "purchase on account" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method "purchase on account" only up to a certain order volume and may refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer in his payment information displayed in the online shop of a corresponding payment restriction.
4.5 If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after the issuance of a SEPA Direct Debit mandate, but not before the expiry of the pre-notification period. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the pre-notification period. Pre-notification means any communication (e.g. invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Customer objects to the debit, even if he is not entitled to do so, the Customer will bear the fees resulting from the reversal of the respective bank, if he is responsible for this.
4.6 When payments are made using a payment method offered by PayPal, payment handling takes place via the payment service provider PayPal ((Europe) S.a. r.l. and so on, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal") subject to the PayPal terms of use which can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. In case the customer does not have a PayPal account, the conditions applicable for payments without a PayPal account will be effective. They can be viewed at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.7 By choosing the payment method "PayPal Credit" (payment by installments via PayPal), the Seller assigns his claims to PayPal. PayPal checks the creditworthiness using the transmitted customer data before accepting the Seller's declaration of assignment. The Seller reserves the right to refuse the payment method "PayPal Credit" to the Customer in the event of a negative credit assessment. If the payment method "PayPal Credit" is accepted by PayPal, the Customer must pay the purchase price to PayPal under the conditions defined by the Seller and displayed in his online shop. In this case, he can only make payments with the effect of discharging the debt for PayPal. In the event of assignment of claims, the Seller remains liable for the general claims of the customer regarding, among other things, goods, delivery terms, shipping, returns, complaints, cancellation notice, deliveries or credits.

5) Shipping and delivery conditions
5.1 The goods are generally delivered on the shipping route and to the delivery address indicated by the Customer, unless otherwise agreed. When processing the transaction, the delivery address indicated in the order processing of the Seller is decisive.
5.2 In the event that the transport company commissioned returns the goods to the Seller, because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply if the Customer exercises his right of withdrawal effectively, if the delivery cannot be made due to circumstances beyond the control of the Customer or if he has been temporarily prevented from receiving the service offered, unless the Seller has informed the Customer of the service with reasonable advance notice.
5.3 Personal collection is not possible for logistical reasons.
5.4 Vouchers will be provided to the Customer as follows:
via email
by mail

6) Retention of property rights
If the Seller makes advance deliveries, he retains ownership of the delivered goods until the purchase price due has been paid in full.

7) Warranty
7.1 In case of insufficiency of the object of purchase, the legal provisions apply.
7.2 Notwithstanding this document, for consumers the limitation period for warranty claims for used goods shall be one year from the delivery of the goods to the Customer. The reduction of the limitation period shall not apply to a product that has not been used, in accordance with its usual application, for the construction of buildings and which was the cause of the defectiveness of the building, for damage resulting from injury to life, body or health, which arise from intentional or negligent breach of duties of the Seller or intentional or negligent breach of duties by the legal representative or vicarious agent of the user, for other damage resulting from intentional or grossly negligent breach of duties of the Seller or intentional or grossly negligent breach of duties by the legal representative or vicarious agent of the user, if the Seller has fraudulently concealed the defect.
7.3 The Customer is requested to notify the carrier of any obvious transport damage and to inform the Seller accordingly. Failure by the Customer to comply will not affect his legal or contractual claims for defects.

8) Redemption of campaign vouchers
8.1 Vouchers issued by the Seller free of charge, for a specific period of validity within the scope of promotional activities and which cannot be purchased by the Customer (hereinafter referred to as "campaign vouchers") can only be redeemed in the Seller's online shop and only within the indicated period of time.
8.2 Individual products may be excluded from the voucher campaign, if such a restriction arises from the conditions of the campaign voucher.
8.3 Campaign vouchers can only be redeemed before the order process is completed. Subsequent compensation is not possible.
8.4 Only one campaign voucher can be redeemed per order.
8.5 The value of the goods must at least meet the amount of the campaign voucher. The Seller will not refund the remaining goods.
8.6 If the value of the campaign voucher is not sufficient for the order, the Customer can choose one of the remaining payment methods offered by the Seller to pay the difference.
8.7 The campaign voucher credit will not be redeemed for cash and is not subject to any interest.
8.8 The campaign voucher will not be redeemed if the Customer, in the context of his statutory right of cancellation, returns goods paid for in whole or in part by a campaign voucher.
8.9 Campaign vouchers are intended solely for the use of the person designated on the voucher. It is not permitted to transfer the campaign voucher to third parties. The Seller has the right, but not the obligation, to verify the entitlement of the respective voucher owner.

9) Redeeming Gift Cards
9.1 Vouchers that can be purchased through the Seller's online shop (hereinafter referred to as "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise specified in the voucher.
9.2 Gift Vouchers and remaining Gift Voucher balance may be redeemed by the end of the third year following the year of purchase of the Gift Voucher. Remaining assets will be credited to the Customer's voucher account.
9.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent compensation is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used to purchase goods and not to purchase other gift vouchers.
9.6 If the value of the gift voucher is not sufficient for the order, the Customer can choose one of the remaining payment methods offered by the Seller to pay the difference.
9.7 Gift Card credit will not be redeemed for cash and is not subject to any interest.
9.8 The gift voucher is transferable. The Seller may render the performance with discharge effect to the respective owner who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller is aware or grossly negligent of ignorance of the non-entitlement, legal incapacity or missing right of representation against the respective owner.

10) Applicable law
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties to the exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not revoked by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law regarding the right of withdrawal does not apply to consumers, who are not citizens of a member state of the European Union at the time of conclusion of the contract and whose exclusive domicile and delivery address is located outside the European Union at the time of conclusion of the contract.

11) Competent court
If the Customer is a businessman, a legal entity under public law or a separate property under public law with its registered office in the territory of the Federal Republic of Germany, the Seller's registered office shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the sole place of jurisdiction for all legal disputes arising from this contract, provided that the contract or claims arising from the contract can be assigned to the Customer's professional or commercial activities. In any case, however, with regard to the above cases, the Seller is entitled to call the court competent for the Customer's registered office.

12) Alternative dispute resolution
12.1 The EU Commission makes available on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr. This platform is an access point for the judicial resolution of disputes arising from online sales and service contracts concluded between consumers and professionals.
12.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before an alternative dispute resolution body.

13) Cancellation Terms
Consumers, i.e. any person acting for purposes which are wholly or mainly outside the trade, business, craft or profession of such individuals, have the right to withdraw from any contract under the following conditions:

14) Terms of the right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you, acquires physical possession of the goods. To exercise the right of withdrawal, you must inform us (Avotecnica srl, Via Roma 166 box2, 36050 Bressanvido, Vicenza, Italy Tel.: + +39 0444 1838326, E-Mail: info@avotecnica.com) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the cancellation period has expired.

15) Order cancellation times
Our logistics operators are committed to shipping your orders as quickly as possible. If your order is in the preparation phase, it can no longer be changed or cancelled. In this case, please place a new order and/or return the unwanted items.

16) Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you (except for delivery costs). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the goods Exclusion and/or early expiry of the right of withdrawal The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not citizens of a member state of the European Union and whose exclusive residence and delivery address are located outside the European Union.

GENERAL INFORMATION

1) Please prevent damage and contamination of the goods. Please return the goods, if possible, in the original packaging with all accessories and all packaging components. If necessary, please use protective outer packaging. If you no longer have the original packaging, please use suitable packaging that provides adequate protection against potential transport damage.

2) Please do not return the goods to your home.

3) Please note that the general information above in sections 1 and 2 is not a prerequisite for effectively exercising the right of withdrawal.