1. SCOPE OF APPLICATION - EFFECTS

1.1  

These General Purchase Terms, together with any Attachments shall govern all purchase agreements (hereinafter Purchases) that AVAVAV RETAIL AB may enter into with the Client for the purchase of the products produced and sold by AVAVAV.

1.2   

Acceptance of these General Purchase Terms by the Client shall bind the Client to conclude the Purchases given that AVAVAV fulfils the Purchase orders within the set conditions.

1.3

The order and delivery is subject to retention of title. The goods belong to AVAVAV until the Client pays in full according to the payment schedule.

2. PAYMENT

2.1

The Client agrees to pay any agreed deposits immediately after receiving the Order Confirmation of a Purchase.

2.2

The Client agrees to pay for the goods in timely manner as agreed according to the Commercial Terms. If the Client fails to pay on time AVAVAV reserves the right to apply interest and fees for sending the reminders.

2.3

The Client acknowledges that payment of the order should be completed in full value when received by AVAVAV. Any transactions fees or intermediary fees deducted from the payment amount needs to be borne by the Client. If avoidance of these fees is not possible AVAVAV reserves the right to apply a transaction fee to the upcoming invoice.

3. SHORT SHIPMENTS

3.1

In the event of a short shipment of a product ordered by the Client, AVAVAV is obliged to notify the Client as soon as possible about the short shipment, before delivery, to offer an alternative to the Client or offer the Client to cancel the short shipped product. A short shipment of a product is however not a ground for the Client to cancel other styles of the Purchase order, or the Purchase order in full.

3.2

If the Client has already paid AVAVAV in full, and there is a short shipment, AVAVAV will offer the Client a credit on upcoming orders or a money wire transfer of the value of the short shipped product(s). AVAVAV will not offer the Client any discount due to short shipped products.

4. BARCODES AND LABELING

4.1

The Client is aware that AVAVAV does not offer the service of applying the Client’s EAN or other barcodes to the labels or hang tags of ordered products. The Client cannot apply a fee to be paid by AVAVAV for applying EAN or other barcodes to already delivered products. If the Client requires AVAVAV to apply EAN or other barcodes to products before delivery, AVAVAV will invoice the Client an administration fee of €5.00 per unit, excluding VAT.

5. PRICING AND SELL OFF

5.1

The Client complies to follow the guidelines on Recommended Retail Price (RRP) of the goods purchased from AVAVAV. If no RRP is provided The Client will apply a price markup of 2.7. In case The Client is importing the goods to a market outside the EU and needs to pay for duties and taxes due to import, AVAVAV acknowledges that The Client may increase the retail price to cover such costs.

5.2

The Client acknowledges that the retail price of goods can be lowered for sell-off after 90 days following the closing of the delivery window. The Client agrees to not lower the retail price of any items from the AVAVAV Core collections, for example Panda Sunglasses or Finger Ankle Boots, nor any items marked as carryovers.

6. SALES CHANNELS

6.1

The Client may only sell the goods in its own channels, online or/and physical store, as described in DETAILS & COMMERCIAL TERMS SHEET. If not applicable, the Client will only sell the goods in its major channel, meaning the one channel with the highest yearly turnover in sales. Any change in channels needs to be communicated in writing and approved by AVAVAV. The Client acknowledges that the Client may not sell the goods on market places or second hand outlets without the authorization of AVAVAV in written communication.

7. PICKUP AND COMMUNICATION

7.1

The Client agrees to arrange the pickup of the goods when ready in a timely manner. AVAVAV will contact the Client through the provided contact information and is not responsible for any delays due to Clients inability to communicate efficiently.

7.2

If AVAVAV has made the goods ready for pickup within the agreed delivery window, the Client may not cancel the order and have to pay the order in full in any circumstances; including, but not limited to situations of lack of communication, insolvency, or if the Client chooses to end their operations.

8. CLAIMS AND QUALITY ISSUES

8.1 AVAVAV aims to always deliver according to our high quality standards. However, if there should be any claims on product quality AVAVAV will do its best to resolve such issues. On first hand AVAVAV will offer a solution to reimburse the Client with the cost of repair or dry cleaning using local businesses in the area of the Client. If not possible AVAVAV will offer replacement items. If not available, only then a discount on the items will be offered or a refund in full against credit note.

8.2 If a product is missing parts, such as buttons or labels, AVAVAV will provide the Client with such missing or faulty items.