Terms & Conditions

AVES & AVIAN ONLINE SALE TERMS AND CONDITIONS

1. The General Terms of Delivery and Payment of Aves (‘the Supplier’) apply to all its agreements. Other terms will only have legal effect if they have been expressly agreed upon in writing.

2. All offers by the Supplier are free of obligation.

3. An agreement is concluded when the Supplier accepts an order in writing. When an order is cancelled, the Supplier will, in addition to claiming damages, charge 10% of the agreed price (including VAT).

4. Following the conclusion of the agreement, the risk associated with the goods is borne by the other party. Shortages or damage must be reported within 3 working days after the goods were delivered or made available, on penalty of expiry of all claims of the other party.

5. All intellectual property rights to drawings, models, etc, as well as to (trade)marks or similar image, sound or word designations, etc, are vested in the Supplier. If these rights are violated, the other party will forfeit a € 10,000 penalty per day.

6. The Supplier only accepts the obligation to pay damages in so far as it is evidenced by its general terms of delivery. The total liability of the Supplier is limited to the invoice amount (exclusive of VAT) for the order in question. Any attributable shortcoming in a delivery is remedied only by carrying out or completing the order. When exceeding a deadline, the Supplier will only be in default after it has received written notice of default from the other party.

7. The other party indemnifies the Supplier against all third-party claims.

8. All goods remain the property of the Supplier until the other party meets its obligations. The Supplier may repossess goods from the other party or its holders on its own authority. The other party will co-operate in this on pain of a € 1,000 penalty for each day that it remains in default.

9. All prices are: Delivery ex works, warehouse or other storage location, exclusive of VAT, import duties, other taxes, levies and duties, costs of packaging, loading and unloading, transport and insurance and in euro.

10. Payment is effected within 14 days of the invoice date without any discount or set-off, cash on delivery or by means of transfer to a bank or giro account designated by the Supplier. If the due date is exceeded, the other party will be in default by operation of law and owe a 1% monthly interest from the invoice date. All judicial and extrajudicial collection costs will be charged to the other party.

11. If the other party is declared bankrupt, applies for a moratorium or fails to meet its obligations, the Supplier will be entitled to dissolve the agreement.

12. Netherlands law applies. The Vienna Sales Convention does not apply. Any disputes will be adjudicated by the competent District Court of Zwolle (the Netherlands).
On request the complete version of the general terms of delivery and payment will be send to you.