Terms and conditions / data privacy
of Atena Distribution AG / Atena Music
1. Scope
The General Terms and Conditions below regulate the contractual relationship between Atena Distribution AG/Atena Music (subsequently referred to as "Atena") and the customer (natural person or corporate body). Any deviating General Terms and Conditions of the customer are only valid with the written authorisation of Atena.
2. Quotation, Prices and Order
All quotations by Atena are non-binding. The current prices are published in the online shop in Swiss Frances (CHF/EURO). The purchase price includes VAT. We reserve the right to make price modifications at any time.
By ordering via the online shop, the customer provides a binding tender to complete the contract. The contract comes into existence with the acceptance of this tender by Atena through the delivery of the order. The price in the order confirmation is authoritative.
The offer on the internet (online shop) for direct and payable download is binding. The contract comes into existence with the start of the relevant data transfer by the customer.
Subject to deviations, modifications and errors of the products presented on the internet (online shop) in terms of design, packaging or technical properties.
3. Delivery
Delivery is normally from stock. All shipments, including any possible returns, are at the risk of the customer. Postage and packaging costs are invoiced to the customer (with the exception of electronic download products). Any arising additional costs such as customs, VAT, etc. for deliveries abroad are to be paid by the customer.
The delivery periods stated by Atena are non-binding if they have not been confirmed in writing. However, items available from stock will generally be delivered within 24 hours. If the delivery date agreed in writing cannot be adhered to, Atena has the right to deliver within the following 30 days. There is no right to withdraw for the customer.
If nothing to the contrary is stated on the order, Atena reserves the right to provide the products in its choice of complete or part deliveries.
The customer has no rights to claim compensation for delayed delivery.
4. Terms of Payment
We will only deliver to customers after payment by credit card. Payable downloads are only possible with a credit card payment.
5. Retention of Title
The delivered goods remain the property of Atena until complete payment of all outstanding accounts. Atena reserves the right to make an appropriate register entry.
6. Guarantee and Liability
The guarantee claim of the customer is limited to the scope of the guarantee provided by the relevant manufacturer to Atena. Atena accepts no guarantee or liability for the desired fulfilment of purpose of certain products or their functionality within an IT system. In the case of payable downloads, we provide absolutely no guarantee.
For direct or indirect damage as well as for the loss of assets caused by faults or improper handling of the production, Atena accepts no liability within the legally permitted scope.
7. Returns
Exchange is only possible if the wrong item is delivered or if the product is faulty. The goods should be checked immediately after receipt. Any faults must be notified to us in writing within 8 working days. Any returns are at the cost and risk of the customer, and we must be informed of them in advance.
8. Passwords
The customer is obligated to store email addresses and the password (for the forum) in a secure location and to make this inaccessible for third parties. The customer is liable for any improper use of his access data.
9. Data Protection
With the inquiry, processing and use of personal and company-related data, Atena shall abide by the conditions of the Swiss data protection legislation. Personal data will only be collected and used to process contractual relationships. This data will only be forwarded to third parties if this is absolutely necessary for the proper handling of the contract. In addition, the personal data will be protected against unauthorised third party access for this purpose.
10. Place of Jurisdiction and Applicable Law
All obligations from the contractual relationship are subject to Swiss law. For all legal disputes arising from the contractual relationship and about its occurrence and effectiveness, the place of jurisdiction for corporate clients is Luzern state (Kriens). For private persons, the place of jurisdiction is the place of residence.
Atena Distribution AG / Atena Music, CH-6045 Meggen, 30th May 2004