1. Validity of the General Terms and Conditions
For all deliveries and services, purchases and sales of X-tra - BooX GmbH, the following terms and conditions apply exclusively. General terms and conditions of the buyer does not acknowledge the X-tra - BooX GmbH, unless it has expressly agreed to their validity. This also applies if the X-tra - BooX GmbH performs the services without reservation in the knowledge of conflicting or deviating terms and conditions of the buyer. In business transactions, the general terms and conditions also apply to future business relations with the buyer, without the need for an explicit reference in each case. At the latest with delivery of the goods, our conditions are considered accepted. Counter-confirmations that are not consistent with our terms will be rejected.
2. Conclusion of contract
For orders over the Internet, a contract between the customer and X-tra - BooX GmbH is concluded when X-tra - BooX GmbH accepts the order. This is done by sending an order confirmation by e-mail. In the event of obvious typographical, printing and calculation errors, X-tra - BooX GmbH is entitled to withdraw, unless the contractual partner is willing to accept the contract on the terms that were obviously meant. Thus, the price of a product to be ordered can not be 0.00 euros.
The prices are valid according to the price lists of the X-tra - BooX GmbH valid at the time of the order. The calculation is in Euro, plus VAT, plus printing costs plus shipping and handling. Any applicable customs and other fees shall be borne by the buyer. Exceptions are to be regulated by contract.
Delivery dates and deadlines are only valid if they are expressly confirmed by us. Delivery periods begin with the date of our order confirmation, but not before complete clarification of all details of the order and not before receipt by the client to be procured documents and not before receipt of any agreed deposit.
If no delivery dates have been agreed, probably a delivery time measured according to certain periods, then this begins with the day of release. Correction templates, proofs and the like by the client are to be regarded as approximate. If the client requires changes to the order after the order has been confirmed, which affect the production time, a new delivery period will commence and only after confirmation of the changes.
The delivery period ends with the day on which the goods leave the delivery works or are stored in the event of inability to deliver.
Call orders are considered firm orders and are binding within 3 months, unless otherwise agreed.
The dispatch takes place on account and danger of the client also with "free shipments"; the risk is transferred to the client as soon as the consignment has been handed over to the person carrying out the transport. If the handover or the shipment is delayed as a consequence of a circumstance whose cause lies with the customer, the risk shall pass to the customer from the day of readiness for shipment.
The choice of shipping method and way we reserve ourselves, unless otherwise agreed in the respective order. A transport insurance is only concluded on special request and at the expense of the client.
We are entitled to make partial deliveries that are due for payment under our terms of payment.
In the event of force majeure or other unforeseen and unrelated circumstances, such as material procurement difficulties, labor disputes, breakdowns, vandalism, official intervention, lack of energy, whether they occur in our factory or at our suppliers, in which we are prevented from fulfilling our delivery obligations, The delivery period is extended by the duration of the hindrance and taking into account a reasonable start-up time. If the impediment is unlikely to be completed within a reasonable time, we are entitled to withdraw wholly or in part without any obligation for subsequent delivery or compensation. Such a withdrawal does not affect our claims arising from any partial deliveries.
In the event of default in delivery, we shall pay compensation for every completed week of default of 0.5% after the expiry of a reasonable period of grace set for us, provided that the client has provided sufficient proof of the total amount of the delivery affected by the delay.
Both claims for damages of the customer due to delay of the delivery as well as claims for damages instead of the performance beyond the limits mentioned in 5.8 are excluded in all cases of delayed delivery, even after expiry of a deadline set for us to subsequent delivery. This does not apply if liability is mandatory in cases of intent, gross negligence or injury to life, body or health. The customer can only withdraw from the contract within the scope of the statutory provisions, as far as the delay in delivery is our responsibility. A change in the burden of proof to the detriment of the client is not connected with the above regulations.
The client is obliged to clarify at our request within a reasonable period of time whether he withdraws from the contract due to the delay of the delivery or insists on the delivery.
If shipping or delivery is delayed by more than 1 month after notification of readiness for shipment at the request of the client, we can charge the customer storage fees amounting to 0.5% of the price of the items of delivery for each commenced month, but no more than 5%. The proof of higher or lower storage costs remains to the contracting parties.
In the case of shipment of the goods, the choice of the carrier is at the sole discretion of X-tra - BooX GmbH. The dispatch takes place principally by parcel post; the dispatch takes place on behalf and at the own risk of the orderer. Delivery as a value or express parcel is only possible after special agreement. The shipment to bulk buyers on Euro pallets is made by a transport company. The costs of transport shall be borne by the buyer, unless otherwise expressly agreed.
6. Material Reservations
Minor or insignificant deviations in terms of color, material thickness and design, we reserve ourselves. Our information on the delivery and service object are descriptions or markings and no guaranteed properties.
7. Transfer of risk
In corporate traffic, the risk of accidental deterioration and destruction of the goods passes to the buyer when they are handed over to the transport company.
The buyer has to accept the goods upon delivery by the transport company. If the goods can not be handed over to the specified delivery address by the transport company for reasons beyond the control of X-tra - BooX GmbH or if the buyer or recipient refuses acceptance, X-tra - BooX GmbH is entitled to: to charge the buyer the full purchase price. The costs of the return and other costs resulting from the non-acceptance shall be borne by the buyer.
In the case of drop shipments or goods that are not delivered to us directly, we are not obliged to subject the goods to an in-depth inspection of defects or completeness on our part. Our complaint is therefore considered to be timely if our customer has reported to us without delay and we have passed this complaint immediately to our supplier. Any complaints must be made immediately and in writing. Customer in this sense is our end customer and not already the carrier, forwarder or other vicarious agent.
The delivery of the goods takes place against payment in advance, unless another mode of payment has been expressly agreed between the contracting parties. Unless otherwise agreed, our invoices shall be settled immediately, but at the latest within fourteen (14) days. Discount deduction is only permitted if expressly agreed. If the buyer does not fulfill his obligation to pay in due time, X-tra - BooX GmbH reserves the right to transfer the claim for the first reminder to a collection agency (eg: credit reform) for collection. X-tra - BooX GmbH is entitled to charge any dunning and collection costs, costs of chargebacks or other costs of improper payment to the buyer.
11. Retention of title
The goods remain our property until full payment. However, the buyer is entitled to resell the reserved goods in the ordinary course of business. In the event of resale, the buyer assigns all claims for resale to us as a precaution. In the case of access by third parties to the reserved goods, the buyer is informed of our ownership and must inform us immediately about the process.
12. Transport damage - defects
The goods must be checked by the buyer upon handover by the carrier. Visible transport damage must be confirmed in writing by the transport company. Obvious defects of the goods shall be reported to X-tra - BooX GmbH immediately or at the latest within 10 calendar days of their becoming visible in writing or by fax, but no later than 8 weeks after delivery of the goods. The goods must be returned to X-tra - BooX GmbH for inspection. The examination of the returned goods for the existence of defects or errors is the responsibility of the person authorized by X-tra - BooX GmbH.
The X-tra - BooX GmbH is liable for damages and compensation for futile expenses within the meaning of 284 BGB (hereinafter "damages") for defects in the delivery or service or for breach of other contractual or non-contractual obligations, especially tort, only in case of intent and gross negligence. The above limitation of liability does not apply in the event of injury to life, body or health, the assumption of a guarantee or a procurement risk, the breach of essential contractual obligations as well as liability under the Product Liability Act. Damages for breach of essential contractual obligations are limited to the compensation for damages that X-tra - BooX GmbH was forced to foresee at the conclusion of the contract due to circumstances recognizable to X-tra - BooX GmbH (contract-typical damages), unless intentional or gross negligence or liability for injury to life, limb or health or the assumption of a warranty or procurement risk. All limitations of liability apply to the same extent for vicarious agents. A change of the burden of proof to the disadvantage of the buyer is not connected with the above regulations.
The X-tra - BooX GmbH is not liable for damages and for replacement of germinating plants of all kinds. These are natural products and are therefore not guaranteed.
14. Set off assignment
The buyer can only set off against claims of X-tra - BooX GmbH with counterclaims, as far as these are undisputed or legally binding. The assignment of claims against the X-tra - BooX GmbH is possible only after their prior written consent. A claim to such consent does not exist. 354 a HGB remains unaffected.
German law applies to the exclusion of the UN purchase law. The exclusive place of jurisdiction and place of performance for all claims in connection with the business relationship is Frankfurt. X-tra - BooX GmbH is entitled to sue in the general jurisdiction of the customer.
Data will be stored and processed by X-tra - BooX GmbH in compliance with the relevant provisions of the Federal Data Protection Laws (BDSG) and the Telephone Service Data Protection Act (TDDSG). Personal data will only be collected for specified, explicit and legitimate purposes and will not be stored longer than necessary. The Buyer has a right of access and a right to rectification, blocking and deletion of his stored data. The X-tra - BooX GmbH does not pass personal data on to third parties. Exceptions to this are service partners who require the transmission of data for order processing or debt collection. In these cases, however, the amount of data transmitted is limited to the minimum required.
17. Liability for content
For contents on Internet sides, to which we link, we take over no adhesion. X-tra - BooX GmbH does not adopt the contents of the linked pages.
All copyright usage rights in any process and for any purpose to sketches, drafts, originals, films and the like created by X-tra - BooX GmbH remain with X-tra - BooX GmbH, unless expressly otherwise agreed. The offer on the website is provided and monitored by X-tra - BooX GmbH, Frankfurt. All data, information and material on this site, icons / images, illustrations, audio and video clips are protected by copyright, trademark and other intellectual property rights owned or controlled by X-tra - BooX GmbH or other parties for which X-tra - BooX GmbH licenses were issued, protected. This material / data may not be copied, reproduced, republished, uploaded (uploaded), posted, transmitted or otherwise distributed, including by e-mail and other electronic means. Without the prior written consent of the owner, altering the data, information and materials, their use on other websites or on network-connected computer environments, and their use for purposes other than personal, non-commercial, is a violation of copyright, trademark, and other proprietary rights thus forbidden. We reserve the right to prosecute for copyright infringement.
19. Severability clause
Samples can only be delivered against a fixed invoice. A return policy does not exist.
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or contain a gap, the validity of the remaining provisions shall remain unaffected