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