Terms and Conditions
1. Scope of Application
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and entrepreneurs:
A consumer is any natural person who concludes a legal transaction for the purposes, which predominantly are neither commercial in nature, nor attributable to self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity, which is acting as a commercial or professional enterprise when concluding a legal transaction.
These Terms and Conditions shall also apply to future business relationships with entrepreneurs, without the need to make repeated reference to them. Should an entrepreneur use contradictory or supplementary general terms and conditions, their validity and application shall hereby be excluded; these shall only become an integral part of a contractual agreement when we have expressly agreed to them.
2. Contractual Partners, Contract Conclusion
The purchase contract shall be concluded with XADO Technology GmbH.
By placing products in the online shop, we are providing a binding offer regarding the conclusion of a contract for these articles. You may initially place our products in the checkout basket without any obligations, and you may correct any entries you have made at any time before submitting your binding order; this can be done by using the corrective assistance, which is provided and explained during the course of placing your order. The contract shall be deemed valid when you accept the merchandise placed in the checkout basket by clicking on the order button. Immediately after placing your order, you will once again receive a confirmation email.
3. Contractual Language, Contract Text Record
The language in which the contract may be concluded is German.
We shall record the text of the contract and send you the order information and our General Terms and Conditions via email. The text of the contract can no longer be accessed on the Internet for safety reasons.
4. Delivery Conditions
Delivery costs are added to the product prices displayed. Delivery charges are explained within product offers.
We only dispatch goods en route; unfortunately, pickup by the customer is not possible.
We do not deliver to packing stations.
The following principal payment methods are available to you in our online shop:
If you select advance payment, we provide you with our bank details in a separate email and deliver the goods on receipt of funds.
Within the context of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be forwarded to the website of PayPal online provider. You may enter your payment details there and confirm the use of your data by PayPal and the payment instructions for PayPal.
If you have selected the PayPal payment method, in order to pay the invoice amount, you must be registered there or first register and identify yourself using your access data. The payment transaction will be carried out by PayPal automatically directly after confirmation of the payment instructions. You will receive further instructions during the order process.
If you have selected the credit card payment method, in order to pay the invoice amount, you don’t have to be registered with PayPal. The payment transaction will be carried out by your credit card company upon request by PayPal and debited to your card, directly after confirmation of the payment instructions and after your identification as the legal cardholder. You will receive further instructions during the order process.
If you have selected the direct debit payment method, in order to pay the invoice amount, you do not need to be registered with PayPal. With the confirmation of the payment instructions, you are granting PayPal a direct debit mandate. PayPal will inform you separately about the date of the account debit in an advance notification (pre-notification). With the submission of the direct debit directly after confirmation of the payment instructions, PayPal will request its bank to initiate the payment transaction. The payment transaction is carried out, and your account is debited. You will receive further instructions during the order process.
6. Retention of Title
The goods shall remain our property until full payment is made. For entrepreneurs, the following applies additionally: we reserve ownership of the goods until complete settlement of all claims arising from a current business relationship. You may resell reserved goods in ordinary business operations; you shall assign any claims arising from this resale — irrespective of connecting or mixing of the reserved goods with a new item — in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we may also collect the claims ourselves, should you fail to fulfil your payment obligations.
7. Damage During Delivery
For consumers, the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact in time does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so, you help us to assert our own claims against the carrier or transport insurer.
For entrepreneurs, the following applies:
The risk of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the hauler, carrier or other contractor for forwarding to the specified person or establishment. Merchants are subject to the inspection and notification requirements set out in § 377 HGB (German Commercial Code). Should you fail to comply with the instructions set out therein, the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
8. Warranty and Guarantees
Unless expressly agreed otherwise below, the law governing liability for defects shall apply. For consumers, the limitation period for defect claims regarding used goods is one year from delivery of the goods. For entrepreneurs, the limitation period for defect claims is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. With respect to entrepreneurs, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion. The aforementioned restrictions and shortened time limits do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents
- for injury to life, body or health
- for deliberate or grossly negligent breach of duty, as well as fraudulent intent
- for breach of material contractual obligations, the fulfilment of which is essential for proper execution of the contract and which the contracting parties may generally rely on and trust in being complied with (cardinal obligations)
- within the context of a guarantee commitment, where agreed
- as long as the scope of the Product Liability Law is in force.
Information on any additional guarantees and their precise conditions can be found next to the product and on specific information pages in the online shop, if applicable.
9. Dispute Resolution
The European Commission provides a platform for online dispute resolutions (ODR) which you can find at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform for resolving their disputes.
In order to settle disputes arising from a contractual relationship with a consumer or related to whether such contractual relationship exists at all, we are obliged to participate in dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, www.verbraucher-schlichter.de. We will participate in a dispute settlement procedure before this authority.
10. Final Provisions
If you are an entrepreneur, the German law applies to the exclusion of the UN Sales Convention.
If you are a merchant within the context of the German Commercial Code (HGB), a legal entity of public law or a special fund under public law, the exclusive legal jurisdiction for all disputes arising from contractual relationships between you and us is our registered office.