TERMS AND CONDITIONS
1 Validity of Terms and Conditions
The deliveries, services and offers of Avalon Diamonds OÜ are exclusively based on these Terms and Conditions, even if they are not explicitly agreed upon again. These terms and conditions are deemed to be accepted when the goods or services are ordered. General terms and conditions of purchase of the Buyer are hereby rejected. Deviations from these terms and conditions are only effective if we confirm them in writing.
2 Offer and conclusion of contract
The offers of Avalon Diamonds OÜ in price lists and advertisements are subject to change and non-binding. Orders are only binding for Avalon Diamonds OÜ after written confirmation. Offers such as stock exchange, clearance sale and special offers are excluded from the binding nature of availability. The information in our sales documents (drawings, illustrations, dimensions, weights and other services) are only to be understood as guidelines and do not represent a guarantee of characteristics unless they are expressly described in writing as binding. If a buyer exceeds his credit limit due to an order, we are released from our delivery obligation. Avalon Diamonds OÜ does not sell alcoholic beverages to young people under the age of 16 and spirits to young people under the age of 18. We reserve the right to carry out an age check before the goods are handed over or delivered.
The prices stated in our order confirmation are decisive. These are fixed for stock goods at the time of ordering. In the event of delivery bottlenecks or errands, the daily price on the day of ordering shall apply. Unless otherwise agreed, the prices do not include transport costs and do not include the statutory value added tax. The current prices are published in the online shop, subject to price changes and errors.
4 Delivery and service time
Dates and delivery periods are non-binding, unless otherwise expressly agreed in writing. The indication of certain delivery periods and delivery dates by Avalon Diamonds OÜ is subject to the correct and timely delivery to Avalon Diamonds OÜ by suppliers and manufacturers.
5 Default of Acceptance
If the Buyer refuses to accept the delivery items or declares that he does not wish to accept the goods after expiry of a grace period granted to him, Avalon Diamonds OÜ can refuse to fulfil the contract and claim damages for non-performance. Avalon Diamonds OÜ is entitled to demand either a flat rate of 25% of the agreed purchase price or compensation for the actual damage incurred from the Buyer.
In the case of delivery and installation, the accessibility of the goods must be guaranteed by the customer.
Visible differences in quantity must be reported in writing immediately upon receipt of the goods, hidden differences in quantity within 4 days after receipt of the goods to Avalon Diamonds OÜ and the carrier. Complaints regarding damage, delay, loss or poor packaging must be reported immediately after receipt of the goods.
7 Transfer of risk
The risk is transferred to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If the shipment is delayed or becomes impossible through no fault of ours, the risk is transferred to the buyer upon notification of readiness for shipment. An assumption of transport costs by Avalon Diamonds OÜ agreed upon in individual cases has no influence on the transfer of risk.
The warranty according to the following provisions is 2 years, unless otherwise expressly agreed in writing. The warranty period begins with the delivery date. If our operating or maintenance instructions are not followed, modifications are made, parts are exchanged or consumables are used that do not comply with the original specifications, any warranty is void if the defect is due to this. This shall also apply if the defect is due to improper use, storage and handling of the equipment, or third-party intervention or opening of equipment. Insignificant deviations from warranted characteristics of the goods do not trigger any warranty rights. A liability for normal wear and tear, as well as consumables/accessories/accumulators enclosed is excluded. Warranty claims against Avalon Diamonds OÜ are only available to the direct purchaser and are not transferable.
Expressly excluded from the warranty are goods that are installed or used in vehicles with which races, test drives or training drives are undertaken. It is irrelevant whether and where these take place. Also explicitly excluded from the warranty are new or used products that were installed or used by Avalon Diamonds OÜ in such vehicles.
For returns, we require that the defective part or device is sent or delivered to Avalon Diamonds OÜ for repair, together with a completed repair form and a copy of the invoice with which the device was delivered. Any return of products by the customer requires the prior consent of Avalon Diamonds OÜ and is at the expense and risk of the customer. The products must be returned in their original packaging and accompanied by a detailed description of the error/defect and a return number. Products that we procure at the customer's request and opened software are excluded from return. The replacement of parts, assemblies or entire devices does not result in new warranty periods. The warranty is limited exclusively to the repair or replacement of the damaged delivery items. When sending in the equipment to be repaired, the buyer must ensure that data on the equipment is backed up by copies, as this data can be lost during repair work. The goods excluded from the warranty can only be returned for repair at the customer's expense.
10 Retention of title
The delivered goods remain the property of Avalon Diamonds OÜ until full payment has been received.
Invoices are payable by cash on delivery, in cash or within 10 days net, depending on the agreement, unless otherwise agreed. The delivery is always carriage forward, i.e. at the expense of the buyer by parcel post, forwarding agent or own vehicle, unless expressly agreed otherwise. A payment is only considered to have been made when we can dispose of the amount. Cheques are only accepted on account of performance and are only considered as payment after they have been cashed. If the buyer is in default of payment, we are entitled to charge interest at a rate of 5% from the date in question. For the duration of the delay, Avalon Diamonds OÜ is also entitled at any time to withdraw from the contract, to demand the return of the delivered goods and to claim damages for the loss of the contract. All claims become due immediately if the customer is in default of payment, culpably fails to comply with other essential obligations under the contract or if we become aware of circumstances that are likely to reduce the customer's creditworthiness, in particular cessation of payments, pendency of composition or bankruptcy proceedings. In these cases, we are entitled to withhold outstanding deliveries or to execute them only against advance payment or securities.
12 Surcharge for small quantities
Up to an order amount of CHF 50.00, we charge a surcharge for small quantities of CHF 9.00. This is not applicable if you collect the goods in Märwil. Surcharges for small quantities for deliveries outside Switzerland will be calculated and invoiced individually.
Avalon Diamonds OÜ can act as a tied agent according to Art. 43 Para. 2 VAG in conjunction with Art. 183 Para. 1 lit. a AVO can act as a tied agent in accordance with Art. 43 Para. 2 VAG in conjunction with Art. 183 Para. 1 lit. a AVO to arrange insurance for goods offered on www.g2racing.ch. When taking out an insurance policy, the agreements in the policy sent and the General Insurance Provisions (AVB) of the designated insurer apply.
14 Limitation of liability
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tortious acts are excluded both against us and against our vicarious agents and assistants, except in cases of intent or gross negligence. No liability is accepted for consequential damage resulting from the use of the products.
15 Copyrights / Software Warranty
In so far as software is included in the scope of delivery, it is provided to the buyer solely for one-time resale or for his own use, i.e. he may neither copy it nor allow others to use it. Software is excluded from all warranty provisions on forms. The provisions of the manufacturer's licence agreement apply exclusively.
16 Data protection
The data protection declaration is an integral part of these GTC. By accepting these terms and conditions, you also agree to the data protection declaration.
17 Place of jurisdiction
Baar is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.