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General Terms of Trade
General Terms of Trade
§ 1 Scope and provider
(1) These General Terms of Trade apply to all orders that you make through the X-CEN-TEK GmbH online shop.
(2) The product range in our online shop is exclusively aimed at buyers of 18 years of age or older.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms of Trade. These General Terms of Trade apply to business partners as well as all future business relationships, even if they are not explicitly agreed upon. The inclusion of the General Terms of Trade of a customer that conflict with our terms and conditions is automatically contradicted.
(4) The contract language is German only.
§ 2 Conclusion of a contract
(1) The presentation of goods in the online shop does not constitute a binding request for the conclusion of a purchase contract. It is, rather, a non-binding invitation to order goods through the online shop.
(2) By clicking on the order tab you make a binding purchase offer (§ 145 BGB).
(3) The immediate receipt of your order by e-mail does not constitute acceptance of your purchase offer. A contract does not come into effect with the acknowledgment of receipt.
(4) A purchase contract for the goods only comes into effect when we explicitly declare acceptance of the purchase offer or when we ship the goods to you without prior explicit declaration of acceptance.
§ 3 Corrections
You can correct your entries at any time using the delete key before placing the order. We will inform you during the ordering process of further correction options. You can also end the ordering process at any time by closing the browser window.
§ 4 Storage of your order data
Your order with the details of the completed contract (for example, type of product, price, etc.) will be stored by us. As a registered customer, you can access your past orders through the Customer Login section (under Orders).
§ 5 Prices
The prices stated on the product pages include VAT and other price components and are exclusive of the respective shipping costs
§ 6 Terms of payment; arrears (1) Payment can be made either by credit card, international debit card, PayPal or advance payment.
(2) When paying by credit card, the purchase price is reserved on your credit card at the time of the order ("authorization"). The actual charge to your credit card account will be made at the time we ship the goods to you.
(3) If you select the advanced payment method, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days of receiving the order confirmation.
(4) If you default on a payment, you are obliged to pay statutory default interest in the amount of 5 percentage points above the base interest rate. For each reminder sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless lower or higher damage is proven in individual cases.
§ 7 Set-off / Right of retention
(1) You are only entitled to set-off if your counter-claim has been legally established, is not disputed or acknowledged by us, or is in a close synallagmatic relationship to our claim.
(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 8 Delivery; Retention of title
(1) Unless otherwise agreed, the delivery of the goods takes place from our warehouse to the address specified by you.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are a business partner in accordance with § 14 BGB, the following also applies:
- We reserve the ownership of the goods until complete settlement of all claims arising from the current business relationship. Before transfer of ownership of the reserved goods, a pledge or security transfer is not permitted.
- You may resell the goods in a legal course of business. In this case you already assign to us all claims in the amount of the invoice value that you receive from resale. We accept the assignment and you are authorized to collect the claims. If you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- In case of combining and mixing of the reserved goods, we acquire joint-ownership of the new item in proportion of the invoice value of the reserved goods to the other items being handled at the time of processing.
- We commit ourselves to release the securities we are entitled to on demand, as far as the value of our securities exceeds the demands to be secured by more than 10 percent.
§ 9 Cancellation Policy:
In the case that you are a consumer in accordance with § 13 BGB, thus, if you make a purchase for purposes that are predominantly neither commercial nor self-employed, you have a right of cancellation in accordance with the following provisions.
You have the right to cancel the contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, takes possession of the goods.
To exercise your right of cancellation, you must contact us
Westerburger Weg 30
E-Mail: [email protected]
Fax: 04407-71476 99
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your decision to cancel the contract. You can use the attached sample cancellation form; however, this is not required.
To safeguard the cancellation period, it is sufficient for you to send the notification to exercise the right of cancellation before the expiry of the cancellation period.
Following the cancellation
If you cancel the contract, we shall reimburse you for any payments we have received from you, including delivery charges (except for the additional costs that result from choosing a different type of delivery other than the cheapest standard delivery we offer), without delay and no later than fourteen days from the date on which we receive notice of your cancellation of this contract. For the repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for the repayment fees.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have no later than fourteen days from the date on which you inform us of the cancellation to send the goods back or present the goods to us. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You are only responsible to pay for a possible loss in value of the goods when this loss of value is due to unnecessary handling during examination of the composition, characteristics and operation of the goods.
Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.
Westerburger Weg 30
E-Mail: [email protected]
Fax: 04407-71476 99
I / we (*) hereby revoke the contract concluded by myself / us (*) for the purchase of the following goods: ___________________________________________
Ordered on: ______________
Received on: ______________
Customer(s) name: __________________________________________
Customer(s) signature (only when notified on paper)
(*) Delete as appropriate.
End of the Cancellation Policy
The right of cancellation does not apply to the delivery of goods that are not prefabricated and whose manufacturing was determined by an individual choice by the consumer or that are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name), in the case of delivery of sealed goods which are not suitable for return for health or hygiene reasons, if their seal has been removed after delivery or if sound or video recordings or computer software are delivered in a sealed package, if the seal is removed after delivery.
Please avoid damage and contamination. If possible, send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please provide suitable packaging for sufficient protection against damage in transit in order to avoid claims for damages due to defective packaging.
Please call us before returning goods on 04407-71476 0 to inform us of the return. In this way, you enable us to assess the products as quickly as possible.
Please note that the terms stated in the preceding paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of cancellation.
§ 10 Transport damages
(1) If goods are delivered with obvious damage in transit, please query the defect immediately with the carrier and please contact us as soon as possible.
(2) The failure to file a complaint or make contact with us has no consequences for your legal warranty rights. However, they help us assert our own claims against the carrier or transport insurance.
§ 11 Warranty
(1) Unless specifically agreed upon otherwise, your warranty claims are based on the provision of law of the Sales Convention (§§ 433 ff. BGB).
(2) If you are a consumer in accordance with § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods deviates from the provision of law - one year. This limitation does not apply to claims based on damages resulting from injury to life, body and health or from the violation of a basic contractual obligation, whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely (cardinal duty) as well as for claims based on other damages due to deliberate or grossly negligent breach of duty by the user or her/his vicarious agents.
(3) In all other cases, the provisions of law apply to the warranty.
(4) If you are a business partner in accordance with § 14 BGB, the provisions of law with the following modifications apply:
- For the nature of the product, only our own information and the product description by the manufacturer are binding, but not public opinion and statements and other advertising from the manufacturer.
- You are obliged to immediately inspect the goods with due care for quality and quantity defects and to notify us of obvious defects within 7 days of receiving of the goods. To keep this term punctual shipping is sufficient. This also applies to the later discovery of hidden defects. In the event of a breach of the obligation to examine and to give notice of defects, the enforcement of the warranty claim is ruled out.
- In the case of defects, we provide warranty at our discretion through repair or replacement (supplementary performance). In case of repair, we do not have to bear the increased costs incurred by the shipment of the goods to a place other than the place of delivery, provided that the shipment does not comply with the intended use of the goods.
- If the supplementary performance fails twice, you can demand a reduction or withdraw from the contract at your discretion.
- The warranty period is one year from date of delivery.
§ 12 Liability
(1) Unlimited liability: We are fully liable for deliberate action and gross negligence as well as in accordance with the Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
(2) In all other cases, the following limited liability applies: In case of slight negligence, we shall only be liable in the event of a breach of a contractual obligation, whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely (cardinal obligation The liability for slight negligence is limited in amount to the damage foreseeable at the time of formation of the contract, the occurrence of which is typically to be expected. This limitation of liability also applies in favour of our assistants.
§ 13 Final Provisions
(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall otherwise not affect the validity of the remaining provisions.
(2) Exclusively German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sales of Goods (CISG, "UN Purchase Law").
(3) Exclusive jurisdiction for all disputes arising from this contract is our place of business, if you are an trader
Data protection policy
§ 1 Information about the collection of personal data
(1) The following will inform you about the collection of personal data when using our website. Personal data is all data that is personally related to you, e.g. name, address, e-mail addresses, user behaviour.
(2) The controller as per Art. 4, Abs. 7 General Data Protection Regulation (GDPR) is
X-CEN-TEK GmbH & Co. KG
Westerburger Weg 30
You can reach our data protection officer under [email protected] or via our postal address with the addition of "the Data Protection Officer".
(3) When you contact us by e-mail or through a contact form, the information you provide (your e-mail address, your name and telephone number if applicable) will be stored by us to answer your questions. We delete this data once storage is no longer required, or we restrict the processing if statutory preservation requirements are required.
(4) If we rely on commissioned service providers for individual webpage functions or would like to use your data for advertising purposes, we will inform you in detail below about the respective processes. We also state the specified criteria for the storage duration.
§ 2 Your rights
(1) You have the following rights with respect to personal data concerning you:
- right to information
- right to rectification or erasure,
- right to restriction of processing,
- right to object to the processing,
- Right to data portability.
(2) You also have the right to complain to a data protection supervisory authority about our processing of your personal data.
§ 3 Collection of personal data when visiting our website
(1) In the case of use of the website purely informatively i.e. if you do not register or provide us with other information, we only collect the personal data that your browser transmits to our server. If you wish to view our website, we collect the following data that is technically necessary for us to display our website to you and to ensure its stability and security (legal basis: Art. 6, Abs 1, Sentence 1 GDPR):
- IP Address
- Date and time of the visit
- Time zone difference to Greenwich Mean Time (GMT)
- Content of the request (concrete page)
- Access status / HTTP status code
- Each transferred amount of data
- Website from which the request comes
- Operating system and its interface
- Language and version of the browser software.
(2) In addition to the aforementioned data, cookies are stored on your computer when you use our website. Cookies are small text files that are stored on your hard drive assigned to the browser you are using and by which the body that sets the cookie (in this case, us) receives certain information. Cookies cannot run programs or transmit viruses to your computer. They serve to make the Internet more user-friendly and effective overall.
a) This website uses the following types of cookies, the scope and operation of which are explained below.
- Transient cookies (see b)
- Persistent cookies (see c)
b) Transient cookies are automatically deleted when you close the browser. These include session cookies. These store a session ID, with which various requests from your browser can be related to the whole session. This will allow your computer to be recognized when you return to our website. The session cookies are deleted when you log out or close the browser.
c) Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can delete the cookies in the security settings of your browser at any time.
d) You can configure your browser setting according to your wishes to decline the acceptance of third-party cookies or all cookies. We would like to advise you that in this case you may not be able to use all functions of this website.
§ 4 Further functions and offers of our website
(1) In addition to the purely informational use of our website, we offer various services that you can use if you are interested. To do this, you will typically need to provide additional personal information which we provide to the relevant service and to which the aforementioned data processing principles apply.
(2) Sometimes, we use external service providers to process your data. These have been carefully selected and commissioned by us, they must comply to our instructions and they are regularly inspected.
(3) When our service providers or partners are based in a country outside the European Economic Area (EEA), we inform you about the implications of this in the offers description.
§ 5 Objection or revocation against the processing of your data
(1) If you have given your consent to the processing of your data, you can revoke it at any time. Such revocation will affect the admissibility of the processing of your personal data after you have given it to us.
(2) Insofar as we base the processing of your personal data on the balancing of interests, you may object to the processing (Art. 21, Abs 1 GDPR). In particular, this is the case if the processing is not required to fulfil a contract with you which we describe in the following description of functions. In the event of such a disagreement, we ask you to explain the reasons why we should not process your personal data as we have done. In the case of your justified objection, we will examine the situation and will either discontinue or adapt the data processing or point out to you our legitimate reasons as to why we continue the processing.
(3) You may of course, object to the processing of your personal data for advertising and data analysis purposes at any time. You can inform us via the following contact details about your objection:
X-CEN-TEK GmbH & Co. KG
Westerburger Weg 30
§ 6 Use of our Webshop
(1) If you want to order in our Webshop, at the conclusion of the order contract it is necessary that you provide your personal information which we need for the processing of your order. The mandatory information necessary for the execution of the order contract is marked, further details are voluntary. We use the data provided by you to process your order. With this we can pass on your payment data to our bank. The legal basis for this is: Art. 6, Abs 1, Sentence 1 GDPR.
(2) You can voluntarily create a customer account through which we can save your data for later purchases. If you create an account under "My Account", the data you provide will be revocably stored. All other data, including your user account, can always be deleted in the customer area.
(3) We may also use the information you provide to inform you of other interesting products from our portfolio, or to send you e-mails with technical information.
(4) Due to commercial and tax regulations, we are obliged to store your address, payment and order data for a period of ten years. However, after three years, use is restricted, meaning your data will only be used to comply with legal obligations.
(5) In order to prevent unauthorized access by third parties to your personal data; in particular financial data, the order process is encrypted using TLS technology.
§ 7 Newsletter
(1) With your consent, you can subscribe to our newsletter which informs you about our current offers. The advertised goods and services are stated in the declaration of consent.
(2) To register for our newsletter, we use the “double-opt-in” procedure. Meaning that after you have registered, we will send an e-mail to the e-mail address specified in which we ask you to confirm that you wish to receive the newsletter. If you do not confirm your registration within 24 hours, your information will be blocked and automatically deleted after one month. In addition, we store your used „IP“ indeed and times of registration and confirmation. The purpose of the process is to prove your registration and, if necessary, to clarify any possible misuse of your personal data.
(3) The only requirement for sending you the newsletter is your e-mail address. The addition of other, separately marked data is voluntary and will be used to address you personally. After your confirmation, we will save your e-mail address for the purpose of sending you the newsletter. Legal basis: Art. 6, Abs. 1, Sentence 1 GDPR.
(4) You can revoke your consent to the sending of the newsletter and unsubscribe from the newsletter at any time. To do so click on the link provided in each newsletter e-mail or send a message to the contact details stated in the “Imprint” section of our website.
(5) We point out that we analyse your user behaviour when sending the newsletter. To do so, the emails sent include web beacons or tracking pixels that represent one-pixel image files stored on our website. For the analysis, we link the data mentioned in § 3 and the web beacons with your e-mail address and an individual ID. Also, the newsletter contains links containing this ID. With the data obtained in this way, we create a user profile to tailor the newsletter to your individual interests. In doing so, we record when you read our newsletters and which links you click on to ascertain your personal interests. We link this data with your actions on our website. The information is saved as long as you are subscribed to the newsletter. After unsubscribing, we store the data purely statistically and anonymously. Also, such tracking is not possible if you have turned off image viewing by default in your email programme. In this case the newsletter will not be displayed completely, and you may not be able to use all the features. If you display images manually, the above tracking is carried out.
§ 8 Use of webfonts
§ 9 Inclusion of YouTube videos
(1) We also offer YouTube videos online, which are stored on www.YouTube.com and are playable directly from our website. These are all included in "extended privacy mode", meaning that if you do not play the videos, no data about you is transferred. Only when you play the videos is the data mentioned in paragraph 2 transmitted. We have no influence over this data transfer.
(2) By visiting the website, YouTube receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration will be transmitted. This happens regardless of whether YouTube provides a user account that you are logged in to, or if there is no user account. When you're logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on YouTube, you must log out before activating the button. YouTube stores your data as usage profiles and uses it for purposes of advertising, market research and / or custom design of its website. Such an analysis is done in particular (even for users who are not logged in) to provide appropriate advertising and to inform other users of the social network about their activities on our website. You have a right to object to the creation of these user profiles whereby you need to contact YouTube to do this.
§ 10 Integration of Google Maps
(1) On this website we offer the use of Google Maps. This allows us to show you interactive maps directly in the website and allows you to easily use the map feature.
(2) By visiting the website, Google receives the information that you have accessed the corresponding subpage of our website. In addition, the data mentioned under § 3 of this declaration will be transmitted. This happens regardless of whether Google provides a user account that you are logged in to, or if there is no user account. When you're logged in to Google, your data will be assigned directly to your account. If you do not wish to be associated with your profile on Google, you must log out before activating the button. Google stores your data as usage profiles and uses them for purposes of advertising, market research and / or custom design of its website. Such an analysis is done in particular (even for users who are not logged in) to provide appropriate advertising and to inform other users of the social network about their activities on our website. You have a right to object to the creation of these user profiles whereby you need to contact Google to do this.
§ 11 Google Analytics
(1) This website uses Google Analytics, a web analysis service provided by Google Inc. "("Google"). Google Analytics uses "cookies", which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website will generally be transmitted to and stored by Google on servers in the United States. However, if IP anonymisation is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA where it will be shortened. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator.
2) The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data.
(4) This website uses Google Analytics with the extension "_anonymizeIp()". This shortens the processing of IP addresses, thus excluding the possibility of personal references. If the data collected about you is related to a person, this is excluded immediately and the personal data is deleted immediately.
(5) We use Google Analytics to analyse and regularly improve the use of our website. The statistics obtained allow us to improve our services and make them more interesting for you as a user. For the exceptional cases in which personal data is transferred to the USA, Google has submitted to the EU-US Privacy Shield, www.privacyshield.gov/EU-US-Framework. The legal basis for the use of Google Analytics is Art. 6 Para. 1 S. 1 lit. f DS-GVO.
(7) This website also uses Google Analytics for a cross-device analysis of visitor flows conducted through a User ID (Universal Analytics). You can deactivate the cross-device analysis of your use in your customer account under "My data", "Personal data".