Terms and Conditions
XQISIT is an own brand of STRAX GmbH. In this respect STRAX Germany GmbH shall be the contractual partner, hereinafter referred to as STRAX.
1. The commercial relationship between STRAX Germany GmbH (hereinafter referred to as STRAX) and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of ordering.
2. We herewith reject in full the applicability of any other Terms and Conditions. STRAX does not accept deviating terms and conditions of the customer unless STRAX has expressly agreed to their applicability.
3. Where these Terms and Conditions do not contain a provision, the statutory provisions shall apply, unless an individual agreement has been concluded which takes priority.
2. Data Protection
1. The personal data collected by STRAX in the context of implementing the contract shall be used exclusively for the purposes of contract performance and customer care.
2. The data will not be disclosed to third parties.
3. Storage and access to the text of the contract
1. The text of the contract is stored in the STRAX systems.
2. The customer can view the General Terms and Conditions at any time on this page.
3. Following order completion, customers may view their order details in the personal login area.
4. Prices / Minimum order
1. All prices are quoted in Euro, including the currently applicable VAT and exclusive of postage and packing (Germany / Europe) as follows:
follows: Germany: 3,90 EUR (lead time: 1-2 days)
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Republic of Ireland, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom 5,90 EUR (lead time: 2-5 days)
2. Invoices shall detail the price of the goods and the costs of any additional services, such as packaging, shipping, VAT at the rate applicable at the time of invoicing, etc.
3. The minimum order amount is EUR 5.00.
5. Contract conclusion
1. The presentation of products in the online shop does not constitute a legally binding offer, but solely an invitation to order. All invitations to order presented in the online shop are valid only "while stocks last", unless expressly stated otherwise in the case of individual products. Errors excepted.
2. By clicking the "Finalise the order" button, you are making a binding offer to buy the goods listed on the order page. We can accept your order by despatch of a separate order confirmation by e-mail or by delivery of the goods within five days. No contract of sale shall come about for goods from an order, which are not listed in the order confirmation.
3. STRAX shall be entitled to rescind the contract in the event of typing, printing and calculation errors on the website.
6. Consumers' right of return
Right of return for distance contracts
As a consumer (as defined by Art. 13 of the German Civil Code [BGB]) you have a statutory right of revocation if you have bought one or more goods by way of a distance contract.
NOTIFICATION ON RETURNS FOR CONSUMERS
Right of return
You have the right to revoke this contract within fourteen days without stating a reason.
The revocation period is fourteen days from the date on which you or a third party appointed by you who is not the transporter takes or took possession of the goods.
To exercise your right of return you must inform us (STRAX Germany GmbH, Belgische Allee 52-54, 53842 Troisdorf, Germany, service(at)xqisit.com) by means of a clear declaration (e.g. a letter sent by post or email) about your decision to revoke this contract. You may use the enclosed sample revocation form but this is not obligatory. You can also inform us about your decision via our Service Page.
To comply with the revocation period it is enough if you send the notification on exercising the revocation right before the end of the revocation period.
Consequences of the revocation
If you revoke this contract we must repay all payments received from you, including the delivery costs (with the exception of the additional costs resulting from you having selected a delivery method different from the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of us receiving the notification of your revocation of this contract. For this repayment we use the same payment method that you used for the original transaction unless something to the contrary has been explicitly agreed with you; under no circumstances will fees be charged to you due to this repayment. We can refuse repayment until we receive the goods or until you have provided proof that you have returned the goods, depending on which is received first.
You must return or hand over the goods to us without delay and in all cases at the latest within fourteen days from the date on which you informed us about the revocation of this contract. The period is complied with if you send the goods within a period of fourteen days. You bear the direct costs of returning the goods.
You are only responsible for any loss of value to the goods if this loss of value is the result of actions not required to check the nature, properties and operation of the goods.
SAMPLE RETURN FORM
(If you want to revoke the contract, please complete this form and return it to us):
STRAX Germany GmbH, Abteilung R M A, Belgische Alle 52 + 54, 53842 Troisdorf
Tel.: +49 (0) 2241 95127-0
Fax: +49 (0) 2241 95127-79
I/We (*) hereby revoke the contract signed by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
Ordered on ...........-- (*)/received on ................. (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper) ..............................
End of the withdrawal declaration
The goods are to be returned to:
STRAX Germany GmbH, Abteilung R M A, Belgische Alle 52 + 54, 53842 Troisdorf
A right of return does not exist for:
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery;
- the supply of goods made to the consumer´s specifications or clearly personalised;
- supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
- the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer´s prior express consent and his acknowledgment that he thereby loses his right of withdrawal.
1. by credit card
2. by Paypal
8. Delivery / delivery dates / availability of supplies
1. STRAX shall supply the goods in accordance with the agreements made.
2. STRAX shall be entitled to perform part-deliveries to an acceptable extent.
3. Unless agreed otherwise, delivery shall be ex warehouse to the delivery address stated by the customer.
4. STRAX shall be entitled to rescind the contract if, despite prior conclusion of an appropriate contract of purchase on its part, the required supplies are not received; STRAX's liability for intent or negligence shall be unaffected in accordance with No. 11 of these Terms and Conditions. STRAX shall immediately inform the customer of the unavailability of the article within the specified time and, should STRAX wish to rescind, shall immediately exercise the right of rescission; in this case STRAX shall return any consideration already rendered to the customer without delay.
9. Warranty for defects
1. Subsequent performance
The customer shall have the statutory right to subsequent performance for all defects occurring during the warranty term (cf. also Section 12 below). Where subsequent performance is rendered by way of advance replacement, the customer shall be obliged to return the goods supplied in the first instance within 14 (fourteen) days of receipt of the advance replacement. Timely dispatch is sufficient in order to comply with the time limit. Should the goods fail to be received by STRAX within the time limit, STRAX shall be entitled to claim compensation for the goods supplied in the first instance and to claim this compensation through the payment method chosen for payment, unless the customer is not at fault with regard to the failed or late return shipment.
2. Revocation, reduction, compensation of damages and expenses
In addition, the customer shall be entitled to the statutory rights of revocation and reduction in price in all cases of defects occurring during the term of the warranty (cf. also Section 11 below), provided the statutory conditions apply. The statutory rights to damages or compensation for expenses shall be limited in accordance with the limitations of liability in Section 11 of these Terms and Conditions.
Where the customer wishes to claim damages in lieu of performance for a defect and the goods are capable of being repaired, a repair shall only be deemed failed after the second unsuccessful attempt. The statutory regulations concerning the dispensability of the fixing of a time-limit shall remain unaffected (see Art. 440 sentence 1 BGB).
Notification on returns in case of defects:
If you require a repair or replacement of a defective product, please contact: service(at)xqisit.com
10. Limitation of liability
1. STRAX shall be liable for intent or gross negligence on the part of STRAX, a representative or a vicarious agent of STRAX, and for injury to life, body or health caused by negligence, in accordance with the statutory provisions.
In all other respects, STRAX shall only be liable in accordance with the Product Liability Act and for culpable breach of essential contractual duties, or where STRAX has maliciously concealed a defect or assumed a guarantee with regard to the quality of a supplied article.
However, the claim for damages for the breach of essential contractual duties shall be limited to foreseeable damage typical of the kind of contract, unless another of the exceptions listed in sentence 1 or 2 simultaneously applies.
2. STRAX shall not be liable for damages and defects incurred through improper use, operation and storage, negligent or incorrect care and maintenance, overuse or improper repair by a non-authorised service partner. Furthermore, STRAX shall not be liable for damages to appliances which are incurred due to incorrect installation or incorrect fitting of accessories.
3. Where STRAX's liability has been excluded or limited this shall also apply to the personal liability of employees, their representatives and/or vicarious agents.
4. The above provisions do not entail a change in the burden of proof.
11. Retention of title
1. Retention of title with regards to consumers and entrepreneurs
STRAX reserves title to the supplied product until all payments due from the contract of supply have been received. Where the customer is an entrepreneur and fails to observe his contractual duties, in particular in case of payment default, STRAX shall be entitled, without setting a period of grace, to claim back the supplied goods and/or – where necessary after setting a period of grace – to rescind the contract; the customer shall be obliged to surrender the goods. The reclaiming of the goods shall in this case not constitute rescission of the contract unless STRAX has expressly declared rescission in writing. Sentences 2 and 3 shall not apply where the customer is a consumer in terms of Art. 13 BGB.
2. Extended reservation of title if the customer is an entrepreneur.
Where the customer is an entrepreneur, the following shall apply in addition to No. 1 of this paragraph:
a) Processing, mixing, combining
The customer is permitted to process or refashion the supplied goods ("processing"). Processing shall be performed on behalf of STRAX.
Where STRAX in this case does not obtain ownership of the new product created through the processing, STRAX and the customer agree at this point that the customer shall grant STRAX co-ownership of the new product commensurate with the value (gross invoice value) of the goods supplied by STRAX in proportion to the value of the other processed goods at the time of processing.
The preceding sentence shall apply accordingly in cases of inseparable mixing or combining of the supplied goods with goods which do not belong to STRAX. Where STRAX obtains ownership or co-ownership pursuant to this paragraph of the General Terms and Conditions the customer shall store the new product for STRAX with the care of a prudent businessman.
b) Reselling within the ordinary course of business
The customer shall be entitled to resell the supplied goods to a third party ("buyer") within the ordinary course of business. Reselling of the goods supplied is only permitted if the customer receives payment equivalent to the value of the goods supplied. The customer shall agree with the buyer that ownership shall only be transferred to the buyer upon this payment being made.
In the event of resale and for the purposes of security, the customer herewith assigns to STRAX all claims to which he may be entitled from the resale to a third party. However, the assignment shall be limited to an amount equivalent to the price of the supplied goods as invoiced by STRAX. STRAX herewith accepts the assignment.
c) Authorisation to collect, revocation of authorisation to collect
Until revoked, the customer shall have authority to collect all claims assigned to STRAX pursuant to this paragraph of the General Terms and Conditions. The customer shall immediately forward all payments made in settlement of the assigned claims, up to the amount of the secured claim.
Where there are justified interests, in particular in cases of payment default, suspension of payments, commencement of insolvency proceedings, bill protest or reasonable suspicion of over-indebtedness or impending insolvency of the customer, STRAX shall be entitled to revoke the authority to collect. In addition, following prior warning and observance of a reasonable time period, STRAX may disclose the assignment for security, realise the assigned claims and demand that the customer disclose the assignment for security to his clients.
d) Customer's duty to provide information
Where prima facie evidence for the existence of a justified interest is furnished, the customer shall provide STRAX with the information necessary to assert STRAX's rights against the clients and shall hand over the required documents.
e) Pledging or security transfer of security collateral
While the retention of title applies, pledging or transfer by way of security by the customer shall not be permitted. The customer must immediately inform STRAX of any pledging, confiscation or other orders or interventions of third parties.
f) Release clause
Where the realisable value of all security interests to which STRAX is entitled exceeds the amount of all secured claims by over 10%, STRAX shall, at the customer's request, release the appropriate proportion of the security interests. It will be assumed that the conditions of the preceding sentence are fulfilled where the estimated value of the securities to which STRAX is entitled reaches or exceeds 150% of the value of the secured claims. The customer shall have the choice between the release of different security interests.
g) Rescission upon customer's breach of duty
Where the customer breaches a duty pursuant to this paragraph, STRAX shall – in particular in cases of payment default – be entitled, even without setting a period of grace, to demand the surrender of the supplied goods and/or the new product and/or – where necessary after setting a period of grace – rescind the contract; the customer shall be obliged to surrender the goods. The request to return the goods/the new product shall not constitute a declaration of rescission on the part of STRAX, unless STRAX expressly declares rescission in writing.
12. Limited period of limitation
The following provisions under numbers 1 to 3, limiting the period of limitation, shall apply subject to number 4:
1. Where the supplied good is a used product the limitation period for claims for damages due to defects – regardless of legal grounds – shall be six months, for all other claims and rights due to defects it shall be one year.
2. The limitation periods for claims for damages according to paragraph 1 shall also apply to all other claims for damages against the seller, regardless of legal grounds. They shall also apply where the claims are not related to a defect.
3. The limitation periods for claims for damages shall also apply to compensation for fruitless efforts.
4. The above-mentioned limitation periods shall apply subject to the following:
a) The limitation periods shall generally not apply in cases of intent or malicious concealment of a defect, or where STRAX has undertaken a guarantee with regard to the quality of the supplied goods.
b) Furthermore, the limitation periods shall not apply where the purchased object is a building or a good which is used for a building in accordance with its customary use and which causes the building to be defective, or where the in rem right of a third party is concerned, on the basis of which the surrender of the purchased object may be demanded.
c) Moreover, the limitation periods for claims for damages shall not apply to grossly negligent breaches of duty, to cases of culpable breach of essential contractual duties not constituted by delivery of a defective good, to cases of culpable injury to life, body or health or to claims pursuant to the Product Liability Act.
5. The above provisions do not entail a change to the burden of proof to the customer's disadvantage.
13. Legal consequences of non-incorporation and ineffectiveness (Art. 306 BGB)
1. If the General Terms and Conditions in whole or in part have not become part of the contract or are ineffective, the remainder of the contract shall remain in effect.
2. To the extent that the terms have not become part of the contract or are ineffective, the contents of the contract shall be determined by the statutory provisions, unless the parties have concluded an individual agreement.
3. The contract shall be ineffective if upholding it, even taking into account the alteration provided in paragraph 2 above, would represent an unreasonable hardship for one party.
14. Place of performance / place of jurisdiction / choice of law
1. Place of performance
Where the customer is a consumer the statutory provisions apply.
Where the customer is an entrepreneur, a special fund under public law or a corporate body under public law, the exclusive place of performance shall be the place of registration at the Registrar of Companies of STRAX Germany GmbH in Siegburg (Art. 29 (2) of the German Code of Civil Procedure (ZPO)).
2. Place of jurisdiction
Where the customer is an entrepreneur, a special fund under public law or a corporate body under public law, the exclusive place of jurisdiction shall be the place of registration of STRAX Germany GmbH in Siegburg.
Where the consumer is a consumer domiciled and/or resides in Germany, the general statutory provisions of Art. 12 et seq. ZPO shall apply. If the customer, who is a consumer, is domiciled and/or resides in a country outside Germany, the place of registration of STRAX GmbH in Siegburg shall be the non-exclusive place of jurisdiction.
3. Choice of law
All legal transaction concluded by STRAX Germany GmbH with its customers are governed by the law of the Federal Republic of Germany without application of the provisions of International Commercial Law on conflicts of law.
15. Information on trademarks, copyrights and other property rights
All brands, designations and logos used are registered trademarks of their proprietors, even when not explicitly designated as such. Original accessories are especially designated as such.
Printing, setting and typological errors and technical amendments excepted. We would again like to draw your attention to the fact that the goods delivered may vary slightly from the images shown, depending on mobile phone manufacturer and model.
STRAX Germany GmbH, Belgische Allee 52 + 54, 53842 Troisdorf, Fax: 02241 / 9512755, Email: [email protected]
Registrar of Companies: AG Siegburg HRB 9347, Managing Director: Gudmundur Palmason
Place of performance and place of jurisdiction: Siegburg, VAT No: DE 815 128 193.