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Conditions of use

As at: july 2011

1. Area of application
Our general terms and conditions apply exclusively. Any differing, opposing or amending terms and conditions are not part of this contract. The notification of the customer's terms and conditions provided in a form are objected to.

2. Consumer and Business Terms
A consumer is any natural person who enters into a transaction for a purpose that is neither commercial nor related to an independent business activity. Entrepreneur is a natural or legal person or a legal partnership, which is concluding a legal transaction to exercise their commercial or independent professional activity.

3. Reservation of title
The following applies to consumers:
The delivered goods will remain our property until the sales price has been paid in full. In the case of any third-party levy of execution with respect to the purchased goods, the customer must immediately notify us by handing over the documents necessary for an intervention.
The following applies to entrepreneurs:
The entrepreneur may resell the purchased goods in the normal course of business. Already at this point in time, the entrepreneur cedes all claims due to the reselling in the amount of our outstanding claims, whereas he remains entitled to collect the claims. We obligate ourselves not to collect the claims, as long as the entrepreneur is not in default and has not applied for the opening of insolvency proceedings.
The processing or redesign of the purchased goods is always carried out for us. If the purchased goods are processed together with other items which are not our property, we acquire joint ownership of the newly created item in the proportion of the value of the purchased goods (final invoice amount including VAT) to the value of the new item. If the item is inseparably mixed with other items which are not our property, we acquire joint ownership of the new item in the proportion of the value of the item (final invoice amount including VAT) to the value of the other mixed items at the time of the mixing.

4. Right of withdrawal
We grant a right of withdrawal to consumers. Please note that items with special coating, custom-made holes, custom-made goods, furniture, radiators and whirlpools cannot be canceled, exchanged or returned.

5. Return costs
If the customer makes use of his / her right of withdrawal, he / she must bear the costs of returning the goods.

6. Deliveries
We give the ordered goods to a shipping company for delivery to the delivery address specified when ordered. The goods are supplied free curb within EU. Outside of EU airport or ferry port.

7. Warranty
The following applies to consumers:
In the case of used goods, warranty claims will come under the statute of limitation one year after the delivery.

The following applies to entrepreneurs:
In the case of new goods, warranty claims will also come under the statute of limitation one year after the delivery. The provisions of §§ 478, 479 BGB will remain unaffected. Warranty for used goods is excluded.


The following applies to consumers and entrepreneurs:
The shortening of the limitation period does not apply to warranty claims aimed at compensation and based on gross negligence or intention or the breach of essential contractual obligations. Contract-substantial obligations are obligations which enable the proper implementation of the contract and which the contractual partner may rely on to be fulfilled (cardinal obligations). Claims for compensation due to the harm to life, body or health or due to the Product Liability Act also remain unaffected.
The same applies for breaches of obligations by our agents.
If cardinal obligations are breached, the liability in cases of simple negligence is limited to the damages which are typically connected to the contract and unpredictable.

8. Limitation of liability
We exclude the liability for damages caused by simple negligence, as far as they do not result from the breach of contract-substantial obligations which enable the proper implementation of the contract and which the contractual partner may rely on to be fulfilled (cardinal obligations), for damages from the harm of life, body or health, or the Product Liability Act.
The same applies to breaches of duty caused by our agents.
If cardinal obligations are breached, the liability in cases of simple negligence is limited to the damages which are typically connected to the contract and unpredictable.
With respect to the assumption of risk, the terms are identical with those of handover if the customer defaults in accepting the delivery of goods.

9. Final provisions
This contract is subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, who conclude the contract for a purpose that is not related to his / her activities, the choice of applicable law is only valid if the protection afforded by the mandatory provisions of the laws of the state in which the consumer has permanent residence are not withdrawn.
As far the customer is a merchant, a legal entity of public law or a public special fund, Düsseldorf will be the place of jurisdiction; we are however entitled to also sue the customer at the court of his residence.

10. Compliance
Products purchased on our site generally comply with German standards. Customers should consult with a qualified electrician, plumber or tradesmen in their country before purchasing the products. Customers should comply and follow the applicable laws and regulations in their country. We are not liable or responsible for any injury, damage, loss, accident and expense. If you are unsure of the brands, standards and product information, please contact us at info@xtwostore.com and our customer service representatives will try their best to help before making a purchase. xTWO is not liable or responsible if the products do not suit the customer or the standard required in the country of use.It is the responsibility of the Purchaser to make him/herself aware of the general conditions of sale at each purchase, the conditions applicable being those in force on the date the Purchaser places the order. 

The customer has the right to cancel his contract within 14 days without giving reasons. The cancellation period is 14 (fourteen) days from the date on which the buyer or a third party nominated by the buyer, other than the carrier, take possession of the goods. The customer is responsible for the return shipping charges.

Please note that items with special coating, custom-made holes, custom-made goods, furniture and whirlpools cannot be canceled, exchanged or returned.

Any damage occured during the delivery need to be declared to the shiping company.  With respect to the assumption of risk, xTWO can not be held liable and do not provide replacement or refund if the customer defaults in accepting the delivery of goods.

11. Product Descriptions
While we try in good faith to be as accurate as possible, we do not warrant that product descriptions or other content is accurate, complete, reliable, or error free. From time to time there may be information on xTWO that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.