General Terms and Conditions when ordering from www.xultures.com
Please find below our Terms and Conditions, which we use for all orders made through the online-shop xultures.com.
- 1 General Provisions
- When placing an order with this online-shop your business partner is Xultures, C/ Galicia 22, 5ºB, 35006 Las Palmas de Gran Canaria, Canary Islands (hereinafter, the “Seller “). Delivery, services and offers of the seller are subject to the terms and conditions stated herein. Conflicting terms and conditions of the customer have no effect and are rejected as a matter of precaution. Individual agreements between the customer shall always have priority.
- Contracts with xultures.com are solely concluded in German. The business relationship between the vendor and buyer are subject to Spain’s statutory right. This choice of law applies to consumers only insofar as it does not undermine compulsory provisions of the law of the state in which the consumer has his habitual residence. The validity of the UN’s purchasing law is excluded.
- If the customer is a merchant or a legal entity under public law or a public-law special fund, the place of jurisdiction shall be Las Palmas de Gran Canaria.
- If working days are indicated as deadlines, it shall be hereunder understood all days from Monday to and including Friday, with the exception of public holidays.
- 2 Contract contents and conclusion of contract
- The items offered by the Seller in the online-shop are new and antique goods, all handcrafted, decorative articles.
- The prices displayed in the online-shop are not understood as an offer in the legal sense. By clicking the “buy now” button, the buyer indicates his/her intention to order and in turn makes a binding purchase offer regarding the items stored in the shopping cart. The order confirmation is confirmed by the seller immediately after via e-mail (order confirmation). A binding purchase agreement shall only be effective through the express acceptance of the customer’s order by the seller (order acceptance), which the customer also receives by e-mail.
- 3 Delivery of Goods and Transfer of Risks
- Orders are delivered by the seller within Germany, as well as in other European countries (especially Northern Europe).
- The goods ordered by the customer shall be delivered to the address specified by the customer, unless otherwise agreed by contract. The goods ordered are delivered directly from the seller’s warehouse. The availability of the individual goods is specified in the respective article description. The shipment of goods in stock takes 3 to 5 days after the payment of the full purchase price and of any shipping costs received by the seller. Therefore, the customer should make the payment of the purchase price immediately after receipt of the order confirmation, and no later than 7 days after confirmation.
- Information about the delivery time is included in the respective product detail page and will also be communicated to the customer before placing the order. Information provided by the seller on the delivery date is not binding unless the delivery date has been agreed by the seller as an exception.
- The seller reserves the right to make a partial delivery if this appears advantageous for an expeditious settlement and the partial delivery is not exceptionally burdensome for the customer. Additional costs resulting from partial deliveries shall not be charged to the customer.
- The risk of accidental loss and accidental deterioration of the goods is transferred to the customer with the delivery. If the customer is a company, the risk of accidental loss and accidental deterioration of the goods, as well as the risk of delay shall pass to the forwarding agent, the carrier or the person designated to carry out the shipment.
- 4 Price and shipping costs
- The prices stated at the time of the order in the online shop shall apply. All prices are final and include the legal value added tax.
- The prices quoted include shipping and packaging costs, which shall be communicated to the customer before placing the order. The amount of the shipping costs shall depend on the weight and dimensions of the goods and on the desired destination. More information about the shipping costs shall be provided before checkout.
We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges. In Germany, deliveries are free of charge from an order value of 30€. Orders outside Germany may incur a shipping fee which shall be communicated to the customer before the acceptance of the order. The shipping cost for order within Germany under 30€ shall also be communicated to the customer before checkout.
- 5 Payment
- The payment of the goods is always in advance and depending on the customer via Sepa direct debit mandate, Paypal or using credit card payment. With each order, the seller reserves the right not to offer certain payment methods and to refer to other payment methods.
- If the customer fails to pay the price, the seller may request compensation in accordance with the statutory provisions and/or withdraw from the contract.
- The Customer shall always receive an invoice from the Seller, that he/she shall receive upon delivery of the goods or otherwise in text form.
- Until the full payment of the purchase price by the Customer, the delivered goods shall remain the property of the Seller. This shall apply in the event that the customer is a legal entity under public law, a public-law special fund or an entrepreneur in the course of his/her commercial or independent professional activity, moreover also regarding other not yet settled claims resulting from the current contractual business relationship between the Seller and Customer.
- 6 Right of retention
The Customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
- 7 Legal right of cancellation
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is 14 days from the day the Customer or a third party named by him or her, who is not the forwarder, has or have taken the goods or partial shipment into his/her/their possession.
To execute the legal right of cancellation, the Customer must clearly declare his or her intention to cancel the purchase contract by sending either a letter, or fax message, or e-mail to Xultures, C/ Galicia 22, 5ºB, 35006 Las Palmas de Gran Canaria.
Telephone: +49 151 67457772,
E-Mail: firstname.lastname@example.org. To comply with the cancellation period, it is enough for you to send a notification to exercise the right of cancellation before the expiry of the cancellation period.
Consequences of the cancellation
If you cancel this contract, we shall reimburse you for all payments received from you, including delivery charges (except for the additional costs that result from choosing a different delivery method than the best standard delivery we offer), without undue delay and at the latest within fourteen days from the date on which we received the notice of your cancellation of this contract. For this reimbursement, we use the same means of payments that you used in the original transaction, unless otherwise agreed with you. In no case will you be charged for this repayment fees. We may refuse the reimbursement until reception of the goods returned or until you provide proof that you have returned the goods, whichever happens earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you informed us of the cancellation of the contract. The deadline is considered met if the goods are sent before the fourteen-days deadline. You shall bear the immediate costs of returning the goods. You shall only be responsible for a possible loss in the value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
If you want to cancel the contract, please fill out this form and send it back to us at:
Xultures, C/ Galicia 22, 5ºB, 35006, Las Palmas de Gran Canaria, E-Mail: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) ____________________
Ordered on (*)/ received at (*) ____________________
Name of the consumer(s) ____________________
Address of the consumer(s) ____________________
Signature of the consumer(s) ____________________
(*) Delete as appropriate.
- 8 Legal liability
- In the event that defects exist, the legal liability for defects shall apply.
- Any and all damages caused by improper actions of the customer during installation, connection, operation or storage of the goods do not constitute a warranty claim against the seller.
- Defects must be communicated by the customer to the Seller within a warranty period of two years for new items and one year for used items.
- The aforementioned limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has accepted a guarantee for the quality of the goods and for claims for damages of the customer which are directed to compensation for bodily injury or damage to health due to a defect for which the Seller is responsible or based on intentional or gross negligence of the Seller or its vicarious agents.
- If there are any defects and these were claimed in time, the Seller is entitled to subsequent fulfillment. Only if this fails, the customer shall be entitled to reduce the purchase price or withdraw from the contract.
- 9 Exclusion of liability
- Outside the legal liability for defects, the Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence. The Seller shall also be liable for the minor cases of negligence where major obligations are infringed (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (duties whose fulfillment makes the proper execution of the contract in the first place and on whose compliance the customer regular trusts), but only for the damage that is foreseeable and typical for the type of contract. The Seller is not liable for minor cases of negligence other than those listed above.
- The limitations of liability of the above paragraph shall not apply in case of injury to life, limb or health, for a defect after assuming a guarantee for the condition of the product and for fraudulent concealed defects. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
- If the liability of the Seller is excluded or limited, it shall also apply to the personal liability of its employees, representatives and vicarious agents.
- 10 Transport damages
When goods are delivered with obvious transport damages to the packaging contents, the customer shall immediately inform the carrier/delivery service and contact the Seller immediately in order to protect any rights against the carrier/delivery service. The non-performance of this obligation to inform shall not affect the statutory warranty rights within the meaning of article 8 of these Terms and Conditions.
- 11 Spanish law and jurisdiction