TERMS AND CONDITIONS
correct as of 02.03.2015
Some brief information:
We deal with both natural and legal persons.
General Terms and Conditions
I. General, Applicable Law, Place of Jurisdiction
1. The following General Terms and Conditions of Business (General Terms and Conditions) apply to all - including future - contracts, deliveries and other services of the AVENTUM, s.r.o., Strašínská 1074/9, 100 00 Praha 10, Czech Republic (hereafter referred to only as: AVENTUM), relating to its commercial customers. The General Terms and Conditions in force at the time of the order apply in all cases.
2. Alternative provisions of the customer are hereby rejected; other conditions shall not become part of the contents of the contract even if we do not expressly reject them.
3. The General Terms and Conditions between AVENTUM and the customer are subject to the law of the Czech Republic to the exclusion of the Convention on Contracts for the International Sale of Goods.
4. The place of jurisdiction is hereby agreed to be Praha, insofar as the purchaser is a merchant within the meaning of the Czech Commercial Code. If the purchaser is not a merchant within the meaning of the Czech Commercial Code, the legal regulations on the place of jurisdiction apply.
II. Contents and Conclusion of the Contract
1. AVENTUM provides its customers with the opportunity to order and purchase fashionable clothes vie the website www.aventum.cz. An oral or other types of order are not possible.
2. AVENTUM submits its offer to commercial customers who have provided evidence of their identity by the submission of a business VAT ID before the first order. Orders from non-commercial customers are also accepted by AVENTUM.
3. With the order, the customer undertakes to pay the invoice amount submitted after the order or last add-order within 5 days. If payment is not received on time by AVENTUM, AVENTUM can cancel the contract with the cost consequences according to Article VIII. If payment is received on time, AVENTUM shall accept the offer and check the availability of the ordered goods for delivery. If goods are not available, the customer will receive a refund for any amounts already paid.
1. The applicable prices in Euro are those in force at the time of the order. These are stated net without VAT and are subject to shipping and packing charges where applicable, as well as the costs for cash on delivery. Czech VAT also applies if the deliveries are made within Czech Republic and within the EU, unless the customer is in possession of a valid VAT number.
1. AVENTUM shall provide the customer with an invoice in the order's package.
2. If the customer chooses to pay in advance, the agreed purchase price is to be transferred within 5 days - stating the order number - to AVENTUM. If no payment is made, AVENTUM can cancel the contract in accordance with Article VIII.
3. The purchaser has to ensure that in the case of payment by cash on delivery, he or she will accept the consignment at the place of delivery. Otherwise, the customer shall bear both the shipping costs for the failed delivery attempt and the shipping costs for a further delivery.
4. If the customer pays for the shipment by credit or debit card, AVENTUM shall be at liberty to charge the resulting costs imposed by the credit card companies.
5. Alternatively, at its own discretion AVENTUM can offer the customer delivery based on an invoice.
6. As a further alternative, the goods can also be collected from AVENTUM by prior arrangement. In this case, cash payment is possible.
V. Delivery Subject to Punctual Delivery to us on the part of our Suppliers and Transfer of Risk
1. Unless otherwise contractually agreed, the ordered goods shall be delivered to the address specified by the customer.
2. Delivery delays due to the following causes shall not be deemed to be the responsibility of AVENTUM even in the case of binding deadlines and delivery dates. This also applies if these causes also occur at the company's legal representatives, vicarious agents, suppliers or their sub-suppliers: Circumstances of force majeure and other exceptional events which are unforeseeable or unavoidable for us and for which we are not responsible and which occur after conclusion of the contract or of which we were not aware through no fault of our own upon conclusion of the contract, as well as subsequent strikes and lawful lockout. These entitle AVENTUM to postpone delivery for the duration of the hindrance plus a reasonable start-up period. If AVENTUM can prove to the ordering party that in this respect it cannot be reasonably expected to continue with the performance of the service, it is entitled to withdraw from the contract. Claims for damages and a right of withdrawal on the part of the purchaser are excluded in the aforementioned cases. Circumstances which result in only a temporary and therefore acceptable delay in performance remain excluded from this. Insofar as payments have already been made by the purchaser with respect to the provision of the service, these shall be refunded by us. For services which have already been provided at the time of the occurrence of the force majeure, AVENTUM may nevertheless charge for the share of the agreed remuneration applicable to these services. In all other respects there are no valid claims for either party in these cases.
3. AVENTUM reserves the right to distance itself from the obligation to fulfil the contract if the goods are to be delivered by a supplier for the day of delivery and the delivery is not effected either in part or in whole. This delivery subject to punctual delivery to us on the part of our suppliers only applies if AVENTUM is not responsible for the failure to deliver the goods. AVENTUM shall not be responsible for failure to deliver the goods if a contract has been concluded in good time with the supplier for the fulfilment of our contractual obligations with respect to our customers. If the goods are not delivered, AVENTUM shall inform the customer immediately of this fact and refund the purchase price. The customer may specify that the refund amount should be credited to the customer's account and offset against future orders.
4. The risk shall be transferred to the customer upon dispatch of the goods or transfer to the person responsible for delivery.
VI. Retention of Title, Offset
1. Until the settlement of all claims to which AVENTUM has a right in conjunction with the contract, the delivered goods shall remain the property of AVENTUM.
2. The customer shall only have a right of offset if his or her counter-claims are undisputed by AVENTUM or have been legally established. The customer is entitled to exercise a right of retention only to the extent that his or her counter-claim is based on the same contractual relationship and is undisputed or has been legally established.
1. In the case of a delay in payment, default interest at a rate of 10 percentage points above the base rate shall be incurred. AVENTUM is entitled to provide evidence of and charge a higher level of loss or damage caused by default.
2. In addition to the standard default interest, the customer shall also pay the loss or damage of AVENTUM in the case of default.
VIII. Cancellation of an Order
1. In cases where an order is cancelled as a result of non-payment by the customer, the customer shall be obliged to pay all-inclusive damages in the amount of 10% of the gross order value. However, the customer is entitled in this case to prove to AVENTUM that a lower level of loss or damage has been incurred or to prove that no loss or damage has occurred. In addition to these all-inclusive damages, AVENTUM may also demand that the actual amount of loss or damage be compensated for.
2. This also applies if the customer wishes to cancel the order. However, such cancellation must be agreed to by AVENTUM or AVENTUM may demand fulfilment of the contract by both parties.
3. In cases where cash on delivery is unsuccessful, for example because the consignment could not be delivered to the customer, all-inclusive damages in the amount of 15% of the gross order value shall become due for payment upon the subsequent cancellation of the order. Here too, the customer is entitled to prove to AVENTUM that a lower level of loss or damage has been incurred or to prove that no loss or damage has occurred. At the discretion of AVENTUM, the contract can also be continued together with its contractual obligations or AVENTUM can assert a claim for the actual loss or damage incurred.
IX. Liability for Defects
1. Insofar as defects - e.g. production errors or damage - are present, the customer shall have the statutory warranty rights in accordance with the following provisions. However, the fact that the customer does not like the products does not represent a defect which would entitle the customer to assert warranty claims. The return of the goods to AVENTUM is expressly excluded in the latter case.
2. It shall not be to the detriment of AVENTUM if articles which have been produced abroad differ in terms of their dimensions from those goods produced in the Czech Republic of the corresponding size, provided that a deviation of the respective national sizes from the Czech size is normal and is common knowledge among professionals working in the textile trade.
3. The customer shall inspect the delivered goods immediately after delivery and provide notification of any visual defects found, with an exact description thereof, to AVENTUM. If the customer fails to provide such notification, the goods shall be deemed to have been approved, unless this is a hidden defect which was not detected during the inspection. If such a defect becomes apparent at a later time, it is to be notified immediately after being discovered, with an exact description thereof, to AVENTUM; otherwise, the goods shall also be deemed to have been accepted with respect to this defect.
4. If there are defects present and associated claims have been asserted in good time, AVENTUM shall be entitled to provide supplementary performance. If supplementary performance is unsuccessful, the customer is entitled to reduce the purchase price or withdraw from the contract. Defective goods shall be returned by the customer in insured packages. As part of the warranty for defects, AVENTUM shall refund the purchase price immediately to the customer, except the costs of returning the goods. The customer may specify that the refund amount should be credited to the customer's account and offset against future orders. In all other respects the statutory provisions shall apply to the warranty, in particular sections of the Czech Commercial Code.
X. Transport Damage
1. The customer must have all externally visible damage to the consignments confirmed in writing in an appropriate manner by the person responsible for shipping. The transport companies are obliged to do so. In the case of damage which is not externally visible, as well as defects or weight reductions relating to the contents which become apparent, further unpacking should be stopped immediately. The transport company is to be held liable immediately in writing and asked to assess the damage.
2. Until the circumstances have been recorded by the representative of the transport company, the goods and packaging are to be left in all cases in the same condition as upon the discovery of the damage.
XI. Liability of AVENTUM
1. Claims for damages that go beyond the statutory warranty claims can only be asserted by the customer against AVENTUM in cases of intent or gross negligence. This liability exclusion does not apply to injury to life, body or health or in the case of a breach of essential contractual obligations.
2. With the exception of intent, gross negligence and loss or damage resulting from injury to life, body or health, the liability of AVENTUM shall be limited to the level of loss or damage that is typically foreseeable upon conclusion of the contract.
3. Liability under the Product Liability Act and other mandatory statutory regulations remains unaffected.
1. The photographs and texts used on the website are protected by copyright. Any use of the photographs, texts and the designation "AVENTUM" is only permitted to customers of AVENTUM in accordance with the following provisions.
2. AVENTUM shall grant the customer free of charge a simple, revocable, non-exclusive right of use for a specific purpose with respect to the photographs.
3. This simple right of use exists, however, only with respect to the photographs of goods which the customer has also received and paid for in full. The customer may not use these photographs to offer other goods which he or she has not purchased from AVENTUM and paid for. If necessary, the customer shall ensure (for example by means of separate sales offers) that there no mixing of products for which a right of use exists and other goods.
4. This right of use is limited to the duration of the offer of the goods ordered from AVENTUM. The right of use expires when the related goods have been resold and / or for other reasons the corresponding offer has come to an end. However, the right of use expires not later than two years after the customer has purchased and also paid for the goods. In all other respects, section 3 applies.
5. The right of use regarding the photographs is also subject to the following conditions:
- The photographs may only be used in online shops or online auctions. The photographs may not be printed out or used in any other print media or distributed in any other way.
- An existing copyright identification of AVENTUM is to be taken over. If such identification is not present, the customer must refer to "AVENTUM" in a direct connection with the photograph or texts.
- Within the context of the use of the photographs and texts, the customer is obliged to ensure by means of adequate identification of the supplier (company information) that AVENTUM can check the right of use in a specific case.
- The photographs and texts must not be used under any circumstances in a context which contradicts the intention of the photographs, namely to offer the textiles shown for sale. This applies in particular to a presentation in an obscene manner, in a pornographic context or any other degrading form.
6. Any use, distribution or presentation of the photographs or texts by the customer which deviate from these provisions (Article XII) infringe the copyrights of AVENTUM. In every case of infringement of the copyrights or rights of use, customers shall be obliged to pay damages to AVENTUM as follows: for every day of use at least the amount of € 25.00 for each photograph used. However, the customer is at liberty to prove that in each case a lower level of loss or damage has been incurred.
7. In the case of an infringement of these contractual conditions in Article XII by the customer, both the licence agreement and the right of use with respect to the photographs and texts to which the infringements relate shall lapse. Infringements of the copyright of AVENTUM therefore apply in the case of the use of the photographs outside of the online shop or online auctions of the holder of the right of use, in cases where they are changed or reproduced on or outside of the internet and made publicly accessible in some other manner on the Internet, in cases where there is no copyright identification or presentation of the photographs in a context other than the sale of the textiles offered.
8. Insofar as the customer commits such a copyright infringement, AVENTUM reserves the right to serve extraordinary notice on the other existing license agreements with the party responsible for the infringement. The consequence of this is that the rights of use granted there in expire at the time of termination. The important reason for this is the copyright infringement that has been committed. AVENTUM expressly reserves the right not only to serve extraordinary notice of termination, but also to assert further claims for damages. Furthermore, use by the customer is only permitted in the case of resale to consumers or end customers.
XIII Data Protection
1. The customer is aware and hereby consents to his or her personal data required for executing the order being stored by AVENTUM on data carriers. The customer explicitly consents to the collection, processing and use of his or her personal data. The stored personal data shall of course be handled confidentially by AVENTUM. The collection, processing and use of the personal data of the customer is carried out in compliance with the Federal Data Protection Act and the Teleservices Data Protection Act.
2. The customer has the right to revoke his or her consent at any time with future effect. AVENTUM shall be obliged in this case to immediately delete the personal data of the customer. With orders which are still being processed, the deletion is performed after completion of the order process.
XIV Severability Clause
1. Insofar as individual provisions of these General Terms and Conditions and / or the contract supplemented by them are or become ineffective, this shall not affect the validity of the remaining provisions.