General terms and conditions

1. scope

These General Terms and Conditions (hereinafter “GTC”) of Avanet AG (hereinafter “Avanet”) apply to all services and products that you find in the Sophos online store of Avanet. A customer is any natural person or legal entity that has a business relationship with Avanet. Deliveries are limited to the territories of Switzerland, Liechtenstein and Germany. Any terms and conditions of the Customer that conflict with or deviate from these GTC shall not be recognized unless Avanet has expressly agreed to their validity in writing.

2. information about products and services

Information about products and services is compiled by Avanet for customers in the clearest and most customer-friendly manner possible. Insofar as this involves information provided by the manufacturer (e.g. manufacturer’s warranty), the information provided by the manufacturer itself shall always be authoritative. Avanet makes every effort to ensure that the information provided by the manufacturers is correct, up-to-date and clearly arranged, but cannot guarantee this.

3. prices

All prices of Sophos products in this online store are valid for Swiss customers plus. 7.7% VAT. For customers from Germany the usual VAT will be charged.

3.1. Project notification

As of July 1, 2019, Avanet is required to submit a project notification to Sophos for certain products. Avanet indicates on the respective product pages when a project notification must be carried out. The purchase price for these products can only be guaranteed if the project has not yet been reported by any other Sophos partner! Otherwise Avanet reserves the right to withdraw from the purchase contract at any time.

4. availability

The Sophos Shop of Avanet does not provide any information about the availability of the products. Normally, however, an order in Switzerland and Germany should be able to be shipped within 1-3 working days from stock. If it is an urgent order, the customer can request the exact availability status of the required products by phone or e-mail from Avanet.

5. conclusion of contract

Products, services and prices published on avanet.com are considered an offer. However, this offer is always subject to incorrect price information (from the manufacturer or from Avanet). The contract is concluded as soon as the customer places his order via the online store, by phone or e-mail. The arrival of an online order is indicated to the customer by means of an automatically generated order confirmation to the e-mail address provided by the customer. The digital order confirmation indicates to the Customer that the submitted order has been received by Avanet and thus the contract has been concluded, which is subject to the condition that delivery is possible.

6. terms of payment

All Sophos products from the Sophos Shop of Avanet can be paid by prepayment, invoice (on request) or credit card. When ordering in advance, the products ordered by the customer will not be shipped until the sales price has been paid in full. Avanet does not charge any additional fees if payment is made by credit card. The order will then be triggered immediately.

7. default of payment

If the customer orders by prepayment or invoice, he has 30 days to pay the amount due. If the Customer fails to meet its payment obligations in whole or in part within such 30 days, all outstanding amounts owed by the Customer to Avanet under any title shall become immediately due and Avanet may immediately demand payment thereof and cease further deliveries to the Customer.

8. cancellation and termination of the contract

Orders are to be placed in accordance with sec. 5 of the GTC is binding and the customer is obliged to accept the service. Subsequent changes at the Customer’s request are possible by way of exception and at Avanet’s sole discretion. The possibility of cancellation depends on the product and the time of cancellation.

9. delivery costs

There are no shipping costs on all deliveries of physical products within Switzerland, Liechtenstein or Germany. Licenses for modules are sent to the customer by e-mail within 1-5 business days and do not incur any delivery costs.

10. inspection obligation of the customer

The customer must immediately check delivered products for correctness, completeness and intactness. Any defects must be reported to Avanet immediately upon detection, but no later than 5 calendar days after receipt of the shipment. The customer must keep the product in the condition in which it was delivered and must not put it into operation.

11. exchange and return

There is no general right to exchange and return.

12. returns

Before returning a product, Avanet must first be informed in writing, by e-mail or telephone. Returns of products are at the expense of the customer. They are to be sent by registered mail, to the company headquarters indicated in the imprint. The products, with all accessories, are to be packed properly in the original packaging. The return for a defect in the product must be accompanied by a detailed description of the defect and a copy of the purchase invoice.

13. warranty

Sophos hardware products come with a standard one-year manufacturer’s warranty. However, there are definitely ways in which the warranty period of a device can be extended.

14. repair after warranty expires

Avanet will charge for repairs after the warranty has expired.

15. liability

Claims for damages against Avanet and its employees are excluded in full to the extent permitted by law. Liability for indirect and consequential damages resulting from the use, malfunction or failure of performance is excluded. This exclusion of liability also applies to all types of direct and indirect damage (i.e. both personal injury and damage to property and pure financial loss) caused by faulty or unprofessional assembly, installation, adjustment, maintenance or repair of the product by the customer.

16. privacy policy

With the acceptance of the T&Cs, our privacy policy is automatically accepted.

17 Jurisdiction and Applicable Law

The exclusive place of jurisdiction is 6340 Baar. The contract is subject to Swiss law whereby the UN Convention on Contracts for the International Sale of Goods (CISG) is completely excluded.
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