Terms of Service
1.1 These General Terms and Conditions (hereinafter „GTC“) of XFORM HADAMOVSKY (hereinafter referred to as „Seller“), shall apply to all conclusions of contracts concerning the delivery of goods presented in the Seller’s online shop to a consumer or entrepreneur (hereinafter referred to as „Customer“). Customer’s terms which run contrary to these GTC are herewith contradicted unless something else is agreed.
1.2 Consumers within the meaning of these GTC are any natural persons, in so far as they conclude a legal transaction with the seller which can neither be attributed to their commercial nor their professional occupation. Entrepreneurs within the meaning of these GTC are natural or legal persons or joint partnerships with a legal capacity, in so far as they act in pursuit of their commercial or professional occupation on conclusion of the relevant legal transaction with the seller.
2) Conclusion of the Contract
2.1 The products shown in the online shop of the Seller do not represent a binding offer by the Seller but serve only for the purpose of the submission of a binding offer by the Customer.
2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods in the virtual shopping cart and after having gone through the electronic ordering process, by clicking the „purchase“ button the Customer submits a legally binding offer of contract with regard to the goods contained in the virtual shopping cart.
2.3 The Seller can accept the Customer’s offer within five days,
– by transmitting a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the Customer’s receipt of the order confirmation is decisive, or
– by delivering the ordered goods to the Customer, in which case the Customer’s receipt of the goods is decisive, or
– by requesting the Customer to pay after he/she placed the order.
If several of the above mentioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline to accept the offer begins on the day after the offer is sent by the Customer and ends with the expiration of the fifth day after the submission of the offer. If the the seller does not accept the Customer’s offer within the aforementioned deadline, this shall be deemed as a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller’s online order form the contract text is saved by the Seller and sent to the Customer after sending his order together with these terms and conditions in text form (eg. e-mail, fax or letter). The contract text is no longer available on the seller’s website after the Customer sent his order.
2.5 Before agreeing to a binding order via the online order form on the Seller’s website the Customer can detect possible errors of data entered by attentively reading the information displayed on the screen. An effective technical tool for better recognition of data input errors is the zoom function of the browser which will enlarge the display on the screen. The Customer can correct his/her data entered using the known keyboard and mouse functions as long as he/she does not complete the ordering process by clicking on the “purchase” button.
2.6 The contractual language is English.
2.7 The order processing and establishment of contact usually take place via email and automated order processing. The Customer has to make sure that the email address provided by him/her for the ordering process is accurate so that e-mails sent by the Seller can be received by this address. In particular, when using SPAM filters, the Customer has to ensure that all emails sent by the Seller or by a third party commissioned with the order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal results from the instruction on withdrawal by the Seller.
3.3 The right of withdrawal does not apply to Customers who at the time of the conclusion of the contract do not belong to any EU member state and whose sole residence and delivery address at the time of the conclusion of the contract is outside the European Union.
4) Prices and Terms of Payment
4.1 Unless the Seller’s product description indicates otherwise, prices stated are total prices and include the statutory value-added tax. Additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union additional costs may arise which are beyond the Seller’s control and which have to paid by the Customer. These include, for example, costs for money transfer (transfer fees, exchange rate charges) or import duties/ import taxes (e.g. customs duties). Costs in regards to money transfer may also occur if the delivery is made into a country of the European Union but the Customer made the payment from a country outside the European Union.
4.3 Payment can be made using one of the options listed in the Seller’s online shop.
5) Delivery and Shipping Conditions
5.1 Goods are delivered on dispatch route to the address specified by the Customer, unless otherwise agreed. During the transaction process the delivery address specified by the Customer in the ordering process is applicable. However, if the Customer selects to pay via Paypal , the delivery address listed by the Customer at the Paypal checkout site at the time of payment is applicable.
5.2 Should the assigned transport company return the goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the shipping. This does not apply if the Customer is not responsible for the circumstances that led to the delivery being impossible or if the Customer has been temporarily impeded to receive the goods, unless the Seller has notified the Customer for a reasonable time in advance about the delivery of the goods. Furthermore, this does not apply to the cost of the consignment if the Customer effectively exercises his/her right of withdrawal. The handling of return costs is regulated within the instruction of withdrawal by the Seller.
5.3 If the Customer receives an incorrect, defective, or damaged item, he/she may contact the Seller via email (firstname.lastname@example.org). The Seller will arrange to send a replacement order to the Customer. The Seller bears the cost for shipping, as the Customer is not responsible for the circumstances that led to the product(s) being damaged. If the product cannot be replaced due to it being a limited edition that has sold out, the Customer will be refunded, minus shipping costs.
5.4 Collection by the Customer is not possible for logistical reasons.
6) Liability for Defects (Warranty)
6.1 If the purchased item is deficient, liability for defects in accordance with the statutory regulations shall apply.
6.2 The Customer is requested to make a complaint about the delivered goods with obvious transport damage to the delivery company and to inform the Seller. If the Customer does not comply with this it has no effect on his statutory or contractual claims for defects.
7) Applicable Law
7.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties under exclusion of the laws on international purchases of movable goods. For consumers this choice of law applies only insofar as the granted protection by mandatory provisions of the state’s law, in which the consumer has his/her habitual residence, has not been withdrawn.
7.2 Furthermore, this choice of law does not apply in regard to the statutory right of withdrawal to consumers who, at the time of the conclusion of the contract, do not belong to a Member State of the European Union and their sole residence and delivery address at the date of conclusion of the contract is outside the European Union.
8) Alternative Dispute Resolution
8.1 The EU Commission is providing a platform on the Internet regarding the online dispute resolution at the following link: https://ec.europa.eu/consumers/odr This platform serves as a point of contact for out-of-court settlements of disputes arising from online sales or service contracts involving a consumer.
8.2 The Seller is neither obliged nor willing to attend a dispute settlement procedure before a consumer arbitration board.