General Terms and Conditions for the XENOX Online Shop
1. Your contractual partner: Stütz GmbH
We, that is Stütz GmbH, Petzoldstraße 13, 4020 Linz, Austria, Tel. +43 732 772895 0, Fax: +43 732 781895, E-Mail: firstname.lastname@example.org, registered under FN 358176f with the regional court Linz, distribute goods of the brand XENOX via the XENOX-Onlineshop. Every order placed in the XENOX-Onlineshop is addressed to us. And if your order is accepted, a purchase contract is concluded between you and us.
2. Validity of these general terms and conditions:
These General Terms and Conditions (“GTC”) are an integral part of every order placed in the XENOX online store by a consumer (that is "you") and of every other order of XENOX branded goods placed with us by a consumer by way of distance selling. If we do not reject your order, these GTC shall therefore also become part of the contract.
However, these GTC shall not apply to orders placed by entrepreneurs, businesses or companies, in particular not by commercial resellers.
GTC or other contractual provisions used by you shall not apply in any case, even if you should declare this in your order.
3. Order and acceptance of the contract:
Orders are placed via the XENOX online store at www.xenox.at, i.e. by way of distance selling. In the course of the order you will be asked to agree to the validity of these GTC. Your order is the offer directed to us to conclude a purchase contract. We will confirm receipt of your order by e-mail. This automatically generated order confirmation does not constitute acceptance of your order. The acceptance of your order takes place when we ship the goods to the address specified by you. We will inform you about the shipment by e-mail.
There are no general delivery restrictions. However, we reserve the right not to accept orders. No one has a right that we conclude sales contracts with him. We will inform you about the rejection of an order by e-maill.
4. Your legal right of withdrawal:
You have the right to cancel the contract concluded with us within 14 days without giving any reason. This period of 14 days runs from the day on which the goods were taken possession of by you or by a third party named by you who is not the carrier.
To exercise the right of withdrawal, you must inform us, Stütz GmbH, Petzoldstraße 13, 4020 Linz, Austria, Fax: +43 732 781895, E-Mail: email@example.com, by means of a clear declaration (e.g. by letter, fax or e-mail) of your decision to withdraw from this contract. For this purpose, the model withdrawal form available here can be used, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal (cancellation):
- If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favourable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
- We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
- You must return or hand over the goods to us (Stütz GmbH, Petzoldstraße 13, 4020 Linz, Austria) without undue delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiration of the 14-day period.
- We will bear the costs of returning the goods.
- You will only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary due to inspection of the condition, quality and functioning of the goods.
5. Delivery time and shipping costs:
We will process your order within four working days after receipt of your order and, provided that we have received the payment, we will also ship the goods within this period, unless we exercise our right to refuse your order.
You will be informed about the shipping costs before you place your order, moreover, they are listed separately on the invoice. If you request a special shipping method, we will charge you for any additional costs incurred. Such special requests must be indicated again for each order.
6. Prices and payment methods:
All prices stated on our website www.xenox.at are gross prices including the statutory VAT, unless otherwise expressly stated with the price. Payment must be made before the goods are shipped. We offer the following payment methods:
- Credit card (VISA, Mastercard)
- Bank transfer via “SOFORT“
A XENOX voucher code entitles you to make a one-time, limited-time purchase from the online store at a discounted price. To do this, enter the voucher code in the designated field in the course of the order and calculate the price again.
Only one voucher code can be used at a time as part of an order. A cash redemption of voucher codes is not possible. The price of the ordered goods must always be higher than the value of the coupon code used.
8. Warranty, liability, retention of title:
The statutory warranty and liability provisions apply.
Delivered goods remain our property until full payment of the purchase price and shipping costs.
9. Data protection:
In the course of your order, we process personal data concerning you. You can find detailed information on this at www.xenox.at/datenschutz.
10. Applicable law:
The legal relationship existing between you and us shall be governed exclusively by Austrian law, to the exclusion of conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.
However, if your habitual residence is in a state to which we have directed our commercial activity and the purchase contract also falls within the scope of this activity, then the mandatory provisions of the legal system of this state shall remain unaffected by this choice of law insofar as they are more favourable to you than the chosen Austrian law.
If your place of residence is in Austria, then the international, local and subject matter jurisdiction of courts for disputes arising from the contract concluded between you and us shall be determined in accordance with the statutory provisions.
The same is the case if your place of residence is in another member state of the European Union or a contracting state of the Lugano Convention 2007 (these are Switzerland, Norway, Iceland and Denmark), to which we have directed our commercial activity, and the purchase contract also falls within the scope of this activity: Then, too, the international, local and subject-matter jurisdiction of courts for disputes arising from the contract concluded between you and us is determined according to the statutory provisions.
If, however, your place of residence is outside these states, then the following jurisdiction agreement shall apply: Austrian courts shall have exclusive international jurisdiction and the courts with subject-matter jurisdiction for Linz shall have exclusive local jurisdiction for disputes arising from the contract concluded between you and us.