General Terms and Conditions of
XTRADEFACTORY GmbH
Ludwig-Rinn-Str. 8-16
D-35452 Heuchelheim / Germany
Phone +49-641-9718545
VAT Id.Nr. DE251614889
1. Contractual Basis
All contracts concluded with XTRADEFACTORY GmbH over the Internet by our customers have the basis of solely these terms and conditions. The customer accepts these with ordering.
1.1
The wording of contract will be saved. The precise order details will be sent by e-mail. In addition can all details be reviewed by our customers at the log in area and on eBay at the specific item number. The general terms and condition which apply can be reviewed – at any time - at http://www.xtradefactory.com or alternatively on the MY page.
2. Offer and conclusion of contract
2.1
XTRADEFACTORY GmbH offers goods over the Internet.
These are, deviant info in the item descriptions excluded, as a general rule always available. Through the Internet offers of XTRADEFACTORY and available for sale at the affiliated sale systems i.e. eBay, search engines, Amazon or web shops.
Guidelines on how to buy are available to customers on the corresponding internet sites.
2.2
Orders placed on the internet by customers are as a matter of principle binding for the customer.
2.2.1 Ordering using auction sites (i.e. eBay)
The contract is concluded according to the legal regulations, the terms and conditions communicated by the auctioneers. The contract of an auctioned item on eBay is concluded after the auction has ended and the highest bidder has won. With buy now auctions the contract is concluded by seller and customers with using the button on the item page.
After clicking the button the customer will be given the chance to confirm all details and / or to correct them. The Contract details will be saved on eBay for 90 days after purchase at the site which uses the item number as reference and can be reviewed by the customer there.
2.2.2 Ordering using our Domains
With clicking the ‘buy’ button you are concluding a binding order of all items in your basket.
The confirmation for receiving the order will immediately be sent by the seller after completing purchase. The contract of purchase is conducted with the sellers order confirmation or the delivery of ordered goods. Should you not receive an order confirmation within 2 weeks or receive the delivery you are no longer liable to the contract.
Delivery delays will be communicated straight away – in a week’s time latest by the seller.
The standard delivery time is 2-5 working days. Offers at XTRADEFACTORY GmbH domains are open and are based on reservation due to in time delivery of goods to above named company and availability of items unless something else has been part of a written contract between parties. An unsuccessful delivery or missing of delivery dates due to no availability (may it be partial or entirely) gives the customer the right to retreat from contract after an appropriate time – minimum is 2 weeks after first miss.
3. Instructions of cancellation
The following Returns Policy applies only to consumers, ie natural persons who enter into the purchase contract for a purpose that is neither commercial nor it is attributed to an independent professional activity (§ 13 BGB German Law).
Returns Policy
You can cancel your contract declaration within one month without giving reasons in writing (eg letter, fax, e-mail) or - if you receive the goods before the deadline - by returning the goods. The time limit begins after receipt of this notice in written form, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before we fulfill our information requirements obligations under Article 246 § 2 in connection with § 1 Paragraphs 1 and 2 EGBGB Law and our obligations in accordance with § 312e Section 1 Clause 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or the thing on time. The revocation must be sent to:
Letter:
XTRADEFACTORY GmbH - Ludwig-Rinn-Str. 8-16 - 35452 Heuchelheim / Germany - SEO: Herr Juergen Kolmer
Email:
mail@xtradefactory.com
or via Telefax:
+49 641/9722351
Consequences
In the case of an effective withdrawal, the mutually received benefits and any benefits derived (eg interest) have to be surrendered. If you cannot return back the performance received and benefits (eg usage advantages) or partially not, or only in deteriorated condition, you have to pay compensation.
For the deterioration and derived benefits, you must pay compensation only if the use or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. "Testing the properties and functioning" refers to the testing and evaluation of the respective goods such it would be possible and customary in a store. Items which can be shipped in a regular parcel are to be returned at our risk. You have to bear the regular costs of returning the goods if you received the goods as ordered and if the price of the returned goods does not exceed the amount of 40,00 € or if you have not transferred the consideration or have provided a contractually agreed part payment at the time of withdrawal. Otherwise, the return is free of charge. If goods exceed the dimensions of a regular parcel the goods are picked up. Obligations to reimburse payments must be made within 30 days. The period begins with the declaration of revocation or for us with their receipt of the goods.
End of Returns Policy
German law applies.
Version – 01112011
4. Prices, P&P, dispatch conditions
4.1
EThe prices stated at the time of ordering on the internet sites do apply. A correction of blatantly obvious mistakes is reserved by XTRADEFACTORY GmbH
4.2
All prices are stated in EURO and with offers in the United Kingdom in GBP respectively, they include tax or state otherwise.
4.3
P&P, which the customer pays for, will be added to the total.
4.4
Delivery of goods happens as a matter of principle after the payment is made and the money received at the account communicated beforehand by XTRADEFACTORY GmbH.
4.5
Goods are exclusively shipped as insured parcel. XTRADEFACTORY GmbH reserves the right of choosing a deliverer and or a logistic partner.
5. Delivery and Dispatch Conditions
5.1
Dispatch of ordered goods will be within one week of received complete payment including shipping cost made by XTRADEFACTORY GmbH
Delivery time can take up to 2 weeks depending on destination. Large items may take 2-3 weeks
5.2
The customer affirms in our Check-out the correct and complete delivery address. Should any additional costs be caused due to wrong addresses and data the customer will be charged these additions in form of shipping costs and return debit notes. This applies to our eBay Shop, eBay auctions, XTRADEFACTORY GmbH online-shops in general
5.3
In case the customer buys several articles within a close time span there is a possibility to combine shipping – should the customer want this. However, an explicit claim for this service cannot be made by the customer.
5.4
Should delivered goods possess obvious material or manufacturing flaws, Delivery damages do count in, please object straight away to A) the delivery company and B) to XTRADEFACTORY GmbH. Moreover is the customer obliged to let XTRADEFACTORY know about this instantly in written form with an exact description of the fault ideally with a digital picture attached for proof. Missing this action causes no loss of legal consequences.
6. Retention of title
Proprietary rights are reserved by XTRADEFACTORY GmbH until all payments are received.
Should the customer act contrary to contract – especially with delay of payment, XTRADEFACTORY GmbH reserves the right to take back the goods – this is a retreat from contract.
After taking back goods we reserve the right to calculate appropriate compensation.
The customer is obliged to treat the goods accordingly; the right to sell the goods further is not reserved but full payment has to be made to XTRADEFACTORY GmbH.
7. Guarantee
7.1
Business customers do have to indicate obvious flaws within 2 weeks after reviving the goods in written form to XTRADEFACTORY GmbH, do they not all guarantees are lost.
A note written in time is enough for an indication of flaws/damage. With business customers XTRADEFACTORY GmbH will evaluate the flaw and reserves the right to decide whether remedy or replacement will be sent.
7.2
Period of limitation within the warranty rights of the customer in case of flaws on the good is 2 years, with business customers it’s 1 year. Time starts with the delivery day. For used goods period of limitation is generally 1 year. Period of limitation restrictions do not apply for damages described in point 8.
7.3
All offered goods are – unless stated otherwise – defined for private use. Info about function and usage of new or 2nd hand goods or other technical information is given by XTRADEFACTORY GmbH to the best of our knowledge and on the basis of experience. This information does not represent warranted properties for goods.
7.4
Warranties do not apply should the item be used incorrectly, disregardment of care instructions, negligent treatment, change, natural material change or material tirement, abrasion, wear and tear.
8. Liability
XTRADEFACTORY GmbH is liable within the laws and terms, should the customer have made claims that are subject to grossly negligent treatment, or done deliberately – the liability is not given. Unless XTRADEFACTORY GmbH is not subject of contract violation, the liability is limited to the predictable damages and typically expected flaws and faults only.
XTRADEFACTORY GmbH is liable within the law, unless a representative of XTRADEFACTORY GmbH or an auxiliary person culpable violates an essential contractual liability. In this case the liability warrant is limited to the predictable, typical damage only. Liability for culpable violation of life, body or health stays untouched; this is also subject to imperative liability according to consumer protection act. Unless something else has been regulated explicitly different, liability is not covered or provided.
9. . Act of nature beyond control
In case XTRADEFACTORY GmbH owes a service or benefit but cannot fulfil contract due to acts beyond control (war, catastrophes), the company cannot be made liable until the duration of the condition is over. Should XTRADEFACTORY GmbH not be able to fulfil contract in a month time because of an (or more) acts of nature beyond control, the customer can retreat from contract. No other rights are reserved.
10. Other
10.1
XTRADEFACTORY GmbH does respect all data protection means, rules and regulations.
10.2
For the rest, legal regulations apply.
10.3
Ineffectiveness with single rules on the contract or these general rules and regulations do not disregard further terms. Border-crossing contracts and delivery of goods are subject of German right
This text is a translation and is offered as a service. XTRADEFACTORY GmbH reserves the right to mistakes and is not liable for them or this translation.
Date: January 2008
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