Last updated: 27 January 2025
These are the general terms and conditions (the “Conditions”) of AVADO AG, Maegeristrasse 20, 6318 Walchwil, Switzerland (“AVADO”). AVADO is engaged in the production of high-quality hardware to run blockchain nodes, conceived and developed by AVADO in accordance with its specific expertise and distributed under the brand AVADO. For more information, see our website: http://www.ava.do (the “Website”).
These Conditions apply to all legal transactions made through the online shops https://ava.do/shop or otherwise. AVADO provides all services exclusively on the basis of these Conditions. By placing an order, the customer agrees to the Conditions. By making use of the services, you agree to and accept to be bound by these Conditions. AVADO may amend these Conditions from time to time at its own discretion. By continuing to making use of the services, you agree to and accept to be bound by the latest version of the Conditions. The latest version of the Conditions always applies between AVADO and you.
1.1 Product images used for advertising, brochures, the online shop etc. are for illustration purposes only and are not binding.
1.2 Product information available through the online shop is compiled to be as customer-friendly as possible but is not binding. Information provided by the manufacturer (e.g. manufacturer warranty) applies, provided that it is valid in Switzerland.
1.3 All prices quoted are in US Dollar, excluding value added tax (VAT) and, where applicable, include packaging costs and delivery costs for the stated delivery time as well as any additional charges and costs. AVADO reserve the right to change prices of products and services at any time. The prices stated in the online shop at the time of order placement apply.
1.4 You might receive a customs invoice for your import taxes on your purchase, equivalent to the local applicable VAT tariff on receiving your package.
1.5 Any additional services is subject to a fee, e.g. installation, disposal, warranty extensions, insurance etc.
2.1 AVADO is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays for AVADO. Therefore, all information on availability and delivery times is subject to change.
3.1 AVADO maintains a Wiki in order to help you to setting up and running an AVADO node. For more information, see our website: https://docs.ava.do/.
3.2 AVADO maintains a community support program, where experienced AVADO users help you setting up and running an AVADO node against payment of fee. AVADO is neither part of that agreement between an experienced AVADO users and you, nor liable under that agreement. AVADO only mediates and acts as intermediary, but does not act as contracting party.
4.1 Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
4.2 A contract for products or services from AVADO shall be deemed concluded with AVADO as soon as an order has been placed by you in the online shop or e-mail (hereinafter referred to as “Contract”).
4.3 Customers are informed of their order placement by means of an automatically generated order confirmation by AVADO, which is sent to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies you that the placed order was received by the online shop and a Contract was therefore concluded with AVADO under condition of deliverability and correct price quotation.
5.1 Upon confirmation, the device will be shipped within the next two weeks.
5.2 In the event of unexpected delays, you are entitled to withdraw from the contract (with the exception of special orders) if the delivery is not completed within 60 calendar days from the confirmation date. In such cases, AVADO will refund any amount paid in advance. No further claims towards AVADO apply.
6.1 Products and services purchased from AVADO can only be shipped to you and cannot be collected.
6.2 It is your own responsibility to ensure the delivery place is accessible. You must verify that the product fits through any entrances, for instance staircases, doors etc. If the products cannot be transported to the place of delivery, you must bear any additional charges.
6.3 AVADO is responsible for arranging carriage to the named delivery place indicated in advance by you, but not for insuring the products to the named delivery place. Title and risk of loss or damage to the products shall pass from AVADO to you at the point where the products are handed over to a carrier.
6.4 The cost of carriage shall be borne by AVADO. Any other costs, taxes and customs relating to the delivery of the products to the delivery place shall be borne by you.
7.1 You are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
7.2 You must state the defect on the delivery note.
7.3 You shall inform AVADO of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest. You must retain the product in the condition it was delivered in and may not use it. You must follow the instructions for the returns process as described in Section 8 of this Conditions.
8.1 AVADO claims all payments for products and services purchased on the AVADO online shops directly from you. Payment must be made in DAI (major stabelcoin) or US Dollars. Cash payment is not possible.
8.2 Payment methods available to you for the online shop are listed under “Payment methods”. When paying by credit card or other instant payment methods, the amount is debited at the time of order. When paying by DAI (major stablecoin) please make sure you are using the indicated wallet address. Unlike traditional banking transfer, cryptocurrency transactions are not reversible and a refund of an incorrectly transmitted payment cannot be enforced.
8.3 In case of prepayment, delivery is made only after receipt of the payment. The products in stock at the AVADO warehouse are reserved until the expiration of the payment term, which is at least 19 calendar days.
8.4 Should you fail to settle your payment obligations in whole or in part, all outstanding amounts owed to AVADO for any purchases become immediately due (within 8 calendar days from the first reminder for prepayments). AVADO may request immediate payment and suspend any further product deliveries to the customer. AVADO levies an administrative charge of USD 5.00 from the second reminder and USD 20.00 from the third reminder. Should the reminders be unsuccessful, the invoiced amount may be contracted to a collection agency. In such an event, an additional effective annual interest rate of up to 15% may be invoiced for the owed amount as from the due date of payment. The agency contracted with the collection of the owed amounts claims the amount on its own behalf and on its own account and may levy additional service charges.
9.1 Warranty Period: AVADO warrants the product, its components and labour to be free from defects in material and workmanship under regular uses defined in user manuals and this warranty during the warranty period. The warranty period commences on the date of original purchase (time stamped by the payment transaction on the Ethereum Blockchain or by the payment transaction through pay pal or credit card) and lasts for one (1) year. We further warrant the replaced product and/or its parts or components to be free from defects in material and workmanship for a period of thirty (30) days from the date of replacement, or the remainder of the warranty period, whichever is greater.
9.2 Warranty method: AVADO shall provide warranty at its own discrection either by:
While the warranty claim is being processed, AVADO, at its own discretion, might provide you with a replacement device (replacement subject to reservation).
9.3 Warranty limitation: This warranty is based on the AVADO NFT and is enforceable only by the owner of the AVADO NFT. Any product that cannot provide an Owner with the AVADO NFT is expressly excluded from this warranty. This warranty does not apply to products that are obtained as a result of the purchase of a product not sold by AVADO. AVADO offers no warranty for the pre-installed software, its quality, performance, functionality, or compatibility for a particular purpose. AVADO does not warrant that the functions contained in the software will meet specific requirements or that the operation of the software will be uninterrupted or error-free. To the extent permitted by applicable law, this warranty does not apply to:
All further-reaching and in particular the legal provisions for warranty are excluded.
9.4 Warranty service procedure: In order to pursue any remedy under this limited warranty, you must verify your possession of the product to our service processing facility with a dated electronic receipt as proof of purchase. When returning a data carrier or a product containing data storage to AVADO, a total loss of data must be expected. It is your responsibility to ensure an appropriate data backup is carried out beforehand and that the data is protected. AVADO assume no liability for potential loss of data. AVADO will undertake to repair, or based on our discretion, to replace a defective product by an identical or similar (e.g. newer) version of the product unless the defect was the result of warranty limitations. The repair or replacement of the product is free of charge for the parts, components and labour necessary in order to perform the repair and restore the product’s proper operating condition, provided the unit is returned otherwise undamaged and shipping prepaid, including insurance, to AVADO. The costs incurred in connection with the returning of the product to AVADO shall be carried by you. If the product is returned uninsured, the customer assume all risks of loss or damage during shipment. In the event that the product proves defective during the warranty period, you shall follow these instructions:
9.5 All repair costs incurred outside of the warranty pursuant shall be borne by you. AVADO reserves the right to invoice you for the examination of the defect claimed as well as for shipping fees for all devices showing no detectable defects or defects that are not covered by the warranty pursuant to this Section 9.
10.1 AVADO grants you the right to return ordered products within a maximum of 30 calendar days, from their dispatch. You must contact AVADO at support@ava.do about the return of a product and return it according to the instructions given. The products, together with all accessories, must be properly packed, insured and returned in their original packaging to AVADO. Damaged products cannot be returned or will be fully invoiced to the customer, respectively.
10.2 In order to qualify for a full refund, the product(s) must be returned unused and sealed in the original package with all original materials provided in their complete condition. Postal charges for the return shipment of products are generally borne by you.
10.3 The refund will be executed within five (5) weeks upon the day you submit the product to the shipping service in order to return the product. In most cases, you will receive the refund sooner, but we estimate four to five weeks because of the time required for return shipping (up to 21 days), product inspection at our returns facility (up to 5 business days), and processing of the payment (1 day). Once your credit is prepared, we will ask you for the details of your refund address or account. All refunds are issued by the method of payment used by you in order to pay for the product. Once your return is processed we will send you a confirmation email. Unlike traditional banking transfer, the cryptocurrency transactions are not reversible and a refund of an incorrectly transmitted payment cannot be enforced. Please note that you are fully responsible for the correctness of the provided cryptocurrency address and that you hereby agree that you bear any consequences and financial loss incurred from providing incorrect payment instructions to our service processing facility. Please do not use an address based on an exchange.
11.1 Liability is based on the applicable legal provisions. However, in no event shall AVADO be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of AVADO, be this contractual or non-contractual. AVADO’s responsibility is limited solely to the product itself.
11.2 Moreover, AVADO will not accept any liability in the following cases:
11.3 If, for any reason, AVADO is liable, then its liability per incident is limited to an amount equal to the purchase price collected by AVADO in direct relation to such incident.
12.1 AVADO is the exclusive owner of all intellectual property rights vested in and/or arising from the products and services, such as but not limited to: copyrights, patents, patent applications, trademarks, trademark applications, service marks, trade names, trade secrets, licenses, domain names, know-how, ownership rights and procedures (the “Intellectual Property Rights”). Notwithstanding the forgoing, the underlying source and object code of certain software of AVADO is free software: you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation, either version 3 of the License, or (at your option) any later version. The underlying source code is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details (http://www.gnu.org/licenses/). AVADO is also the exclusive owner of all Intellectual Property Rights in and relating to all other products, services and information provided by AVADO to the extent that these are not considered as open source and do not fall under the scope of the GNU General Public License as set forth above. .
12.2 All rights to these Intellectual Property Rights, are reserved by AVADO or, where applicable, by the principles outlined in the GNU General Public License. All reproduction, distribution or other use is prohibited except with written permission from AVADO ”) to the extent that this activity is not related to open source software as set forth above. In the event of breach of this requirement, AVADO reserves the right to take legal action.
13.1 AVADO complies with the applicable legislation and regulations concerning the protection of personal data. AVADO Privacy Policy describes which personal data AVADO processes.
14.1 The Website contains (hyper)links to websites of partners, suppliers, advertisers, sponsors, licensors or other third parties. AVADO has no control over the contents or links that appear on these websites and AVADO is not responsible for the practices of websites linked to or from the Platform. In addition, these websites and their contents and links can change constantly. These websites may have their own terms and conditions, privacy policies, and client policy. Browsing and interaction on any other website, including websites linked to or from our Website, are subject to the terms and policy of that website.
15.1 If AVADO does not enforce parts of these Conditions and/or any Contract between AVADO and you, this cannot be regarded as a waiver of the right to enforce this at a later stage against you.
15.2 You cannot transfer its rights and obligations under these Conditions and/or any Contract between AVADO and you to third parties. AVADO can assign and/or transfer all rights and obligations under these Conditions and/or any Contract between AVADO and you to a third party, without your consent being required.
15.3 If any provision of these Conditions and/or any Contract between AVADO and you is deemed unlawful, void, voidable or otherwise unenforceable, this does not affect the validity and enforceability of the remaining provisions of these Conditions and/or any Contract between AVADO and you. The unlawful, void, voidable or otherwise unenforceable part shall be deemed replaced by a valid and enforceable provision that achieves the aim and scope of the replaced provision closely.
16.1 These Conditions and any Contract between AVADO and you are exclusively governed by Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
16.2 Unless contrary to mandatory law, all disputes and claims arising out of or in connection with these Conditions and/or an agreement must be submitted solely to the competent court in Zug, Switzerland.
17.1 For any queries, remarks or suggestions, please contact AVADO using the contact details on the Website.
AVADO AG contact details
AVADO AG
Maegeristrasse 20, 6318 Walchwil
Switzerland
CHE-392.814.408