General conditions of Use

As at: january 2018

§1 Scope of application

Only our general conditions of use apply. Different, contradictory or complementary general terms and conditions of use are not part of the contract.

Head office of xTWO GmbH
Gießener Straße 42
35410 Hungen
Germany

Tel. : +49 (0)6402 89 89 00
Fax: +49 (0)6402 89 89 89 099
E-mail: info@xtwostore.com

Registered in the Trade and Companies Register of Gießen
Registration number: HRB 8387

xTWO GmbH reserves the right to change, update or adapt these terms and conditions of sale at any time. If necessary, the adaptations, updates or modifications will be applicable to all orders made after publication of the modified general conditions of sale on the online shop.

§2 Difference between consumer and professional

The consumer is any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. A professional is a legal person or legal entity acting in the course of a commercial, industrial, craft, liberal or agricultural activity. The term buyer includes both consumer and professional.

§3 Conclusion of the contract of sale

(1) The presentation of the products in our online shop does not constitute a legally binding offer, but an invitation to order. Product offers are valid as long as they are visible on the xTWOstore online shop, within the limits of available stocks. In case of unavailability of the articles, we will inform you by email as soon as possible and we will offer propose you either a product of equivalent value, or the cancellation of your order. In the event of cancellation of the order, the reimbursement of sums already paid will be made within thirty (30) days following the cancellation.

(2) Product photos and illustrations are only intended as approximate product descriptions. The manufacturer's information on the references of their products has the value of an exact description. xTWO GmbH reserves the right to change the content of the online shop at any time and without prior notice. The products sold by xTWO GmbH comply with German standards. The buyer has to check the compatibility of the products ordered with their installation, which, despite European standards, may sometimes have specific local characteristics. If you have any technical questions regarding the products, please write to info@xtwostore.com. One of our sales representatives will be able to guide you. We offer this service on an advisory basis, and cannot be held responsible for compatibility errors. The final choice remains the responsibility of the customer.

(3) The buyer initiates the ordering process by clicking on a link entitled "Add to cart". After verifying the content of his order and entering the information required for the contract (see our privacy policy) and selecting the payment method and shipping method, the buyer validates and accepts the contract by clicking on "Place order". Any placing of order implies acceptance by the buyer of the prices and descriptions of the products placed in the basket.

(4) Before submitting and validating the contract, the buyer will be presented with a summary of his order and contact details. The content must be checked to detect and correct errors in input or choice. xTWO GmbH cannot be held responsible for any typing or selection errors, the final purchase decision remains the responsibility of the buyer.

(5) The buyer will receive an automatically generated email confirming receipt of the contract on our server (order confirmation). The contract can be concluded in the following languages: German, English, French and Chinese.

(6) xTWO GmbH reserves the right to cancel any order if payment is not made within 30 days of sending the order confirmation. If necessary, xTWO GmbH is no longer obliged to deliver the ordered items and the contract is terminated.

(7) As xTWO GmbH is subject to the production and delivery times of manufacturers and suppliers, in the event of delays or unavailability of products, xTWO GmbH cannot be held liable and cannot be subject to penalties for delay or unavailability.

§4 Non-EU customers (Including overseas departments, territories and islands)

If the goods are picked up from our warehouse or delivered to a forwarding agent for export, VAT is due when the order is placed and cannot be refunded without the EXA export document being drawn up by our services. This document must be made out before the goods leave our warehouse. It is the customer's responsibility to request it from our services (info@xtwostore.com). This document is used to monitor the nature of exports and to compile trade statistics. You will be charged 40 euros. (see §7)

§5 Retention of title

(1) The offer of our online shop is aimed at both consumers and professionals. A consumer is a natural person who enters into a legal transaction for a purpose that cannot be attributed to his professional, commercial, agricultural or independent activity. The entrepreneur is a natural or legal person or legal partnership who, in the context of a legal transaction, acts in the exercise of his professional, commercial, agricultural or independent activity.

(2) The goods remain the property of xTWO GmbH until all obligations under this contract have been fulfilled.

For consumers
The purchased item remains the property of xTWO GmbH until full payment of the purchase price and conclusion of the contract are done. The consumer is obliged to inform us of the compulsory enforcement measures of a third party in respect of the reserved goods by providing us with all necessary documentation; this also applies to any other kind of damage. If you are a consumer, the transfer of risks occurs at the time of handing over the products to the delivery address you have provided or at the time of collection of the goods from the carrier.

For professionals:
The property purchased can be resold by the business in the normal course of business. The trader hereby assigns to us all claims arising from the resale for the amount of the outstanding claim of xTWO GmbH against him, the trader remaining entitled to collect the claim. We undertake not to collect the claim if the contractor is not in default and no application for commencement of insolvency proceedings has been filed.

If you are a professional, the transfer of risk occurs at the time of shipment of the goods by our services.

§6 Prices and delivery charges

(1) The sales prices displayed on our online shop include VAT (except professional accounts), but exclude shipping costs. The costs and delivery method depend on the volumetric weight, the fragility of the products ordered and the country of destination. Shipping costs are indicated when you add an item to your cart, and this, before you have paid for the order. Please note that shipping to parcel stations or post office boxes is not possible. Delivery takes place during the week, Monday to Friday. Deliveries are made by DACHSER, DHL or DPD (Dynamic Parcel Distribution). These companies sometimes use subcontractors to deliver certain destinations.

(2) In many countries, no import tax is levied on products for personal use up to a certain value of goods. In general, it is your responsibility to verify the amount of all taxes that will be payable on products ordered in our online shop. For any order over 1000 euros, an export declaration must be made if you reside outside the EU or in the English or French overseas departments and territories (and islands). In case of delivery to a forwarding agent for export: VAT is due when the order is placed and cannot be refunded without our services issuing the EXA export document. This document must be completed before the goods leave our warehouse. It is the customer's responsibility to request it from our services (info@xtwostore.com). This document is used to monitor the nature of exports and to compile trade statistics. You will be charged 40 euros.

(3) Please note that delivery charges are higher for islands and some regions. Additional charges for deliveries within the islands and outside the EU may be requested.

(4) The costs of partial deliveries are at your expense. They are to be determined with our customer service department (info@xtwostore.com).

(5) In the case of a withdrawal, you are responsible for the direct costs of returning the items.

§7 Payment methods

Sales prices include VAT (except professional accounts). xTWOstore offers you the following payment methods:

Prepayment (bank transfer)

Credit card (MasterCard, VISA)

PayPal

Cash payment (Only in Hungen showroom, Germany)

Bank transfer with Sofort

iDEAL (Netherlands)

EPS (Austria)


Please note that orders placed in some countries offer a limited choice of payment methods.

Prepayment (Bank transfer) 
If you have opted for bank transfer, you can pay the amount due to the following bank account:

Account holder: xTWO GmbH
Bank: Commerzbank AG
BIC: COBADEFFXXX
IBAN: DE42 5134 0013 0206 2354 00

Upon receipt of your payment, the products will be ordered from the various manufacturers. As soon as we have collected all the items in our warehouse, your order will be shipped. You will be notified by email. An order by bank transfer is valid for 30 days from the date of its passage. If payment is made after 30 days, prices are no longer guaranteed, and the order may be refused.

PayPal 
You can pay for your purchase with your PayPal account. If you do not have an account yet, you must first sign-up for one one and wait until it is confirmed by PayPal to validate your payment.

Credit card 
Payment by credit card (Visa or MasterCard) is secure. To ensure maximum security during payment, we use the 3D Secure* security protocol.

Secure 3D security protocol: 
3D Secure is a secure payment protocol on the internet. Deployed under the trade names "Verified By Visa" and "MasterCard SecureCode", 3D Secure was developed by Visa and Mastercard to limit the risks of fraudulent use of payment card numbers on the Internet. Its purpose is to make sure, at the time of each online payment, that the card is used by its real cardholder. If both the merchant and the cardholder's bank are equipped, an additional step is taken at the time of payment. In addition to the credit card number, expiry date and three digits of the security code (printed on the back of the card), the buyer may be required to enter a password, date of birth or dynamic one-time use code. Without this verification, the payment cannot be processed, and the order is cancelled.

Cash settlement
Customers who place their order in the showroom in Hungen (Germany) and decide to take the items directly can pay for them in cash or with an EC- card.

Bank transfer with Sofort 
You can finalize your order directly from home. Bank transfer with Sofort is done online. You will be redirected automatically to a secure payment form. The data relating to the transfer will be automatically retrieved, you will only have to enter the bank code and your username. To confirm the payment, you will be asked for a TAN code. The data will then be transmitted to your bank account online. xTWO will receive the confirmation immediately and your order will be processed immediately. This payment is instantaneous unlike traditional bank transfer.

Transfer with E-Payment-Standard (EPS) 
German and Austrian customers can pay by bank transfer with e-payment-standard (eps) which ensures a secure and fast payment. You can then pay for the order with your bank account online. During the payment process, you must select your bank and you will be re-corrected to confirm the payment with a TAN code or an electronic signature.

iDEAL 
Dutch customers (with an address in the Netherlands and an online bank account at a Dutch bank) can now pay for their order with iDEAL. When you choose iDEAL as the payment method, you are redirected to your bank's website to confirm the transfer. Bank details are stored and copied automatically for the transfer. You will need to validate the payment with a TAN code.

§8 Delivery

Delivery takes place during the week, Monday to Friday. They are made by DACHSER, DHL and DPD (Dynamic Parcel Distribution). These companies sometimes use subcontractors to deliver certain destinations. The method of delivery is determined according to the volumetric weight and fragility of the items ordered. Once the goods are shipped, delivery takes on average between 2 and 7 days within the EU.

All products are delivered to the curb of the sidewalk, at the maximum point where the transporter can drive his vehicle.

(1) You must indicate the correct, complete delivery address (including access codes) and a valid telephone number when placing your order. xTWO GmbH cannot be held responsible for the consequences and/or costs in the event of delays or additional costs caused by incomplete or incorrect data.

(2) Shipping to parcel stations or post office boxes is not possible. No pickup of goods can be made in the xTWO Center of Paris.

(3) A presence must be assured at the delivery address that you indicated when placing the order, to allow the good reception of the goods, and this at any time, from Monday to Friday. For deliveries made by appointment, and in the event of absence on the date and place you have agreed with the carrier, please note that additional charges for second delivery will be charged.

(4) Once the merchandise has been shipped, any change of delivery address may result in costs for the buyer. Additional storage fee will be charged for orders that are not collected or delivered within 5 days. All customs charges and other taxes are to be borne by the customer.

(5) For deliveries to overseas departments, islands and countries outside the EU, packages are delivered to the delivery address indicated when placing the order. Orders per pallet to be delivered to overseas departments, islands or outside the EU are sent to the designated port with our services (incoterm CFR*). You must take care of customs formalities, any additional costs, the collection of the goods at the port and delivery to the desired address. xTWO GmbH cannot inform you about the tax rates and customs charges in your country. We advise you to check local regulations before finalizing your order. In principle, orders are shipped by ship (Incoterm CFR*). If you would like delivery by air, please contact our services.

(6) If the volumetric weight is higher than the actual weight, additional shipping costs will be charged. (Volumetric weight = Length * Width * Height (cm) / 6000 or 5000, depending on the carrier) We will contact you if there are any additional costs to be paid before delivery.

*Incoterm CFR: Loaded in the boat, delivery to the port of departure, charges paid up to the port of arrival, without insurance for transport, not unloaded from the ship at destination (unloading charges are included or not according to the liner term at the port of arrival).

Partial delivery 
Orders are always sent at once. If your order contains items with different delivery times, it will be shipped once all items have been collected. For items that are not in stock, we depend on manufacturers' production and delivery schedules to prepare and ship your order. It is possible that the delivery time may be extended in the event of a delay in delivery by the manufacturer. You can contact us at info@xtwostore.com or via our contact form to request the setting up of a paid partial delivery. Partial delivery charges are calculated according to the items available and their shipping method.

Pickup from the German warehouse 
If you want to save time and shipping costs, you can collect your order directly from our warehouse in Hungen:

xTWO GmbH 
Gießener Straße 42
35410 Hungen
Germany

Warehouse opening hours: 
Monday to Friday from 9am to 4pm

Once your order is ready for collection, you will be notified by email and you will be able to retrieve it.

§9 Right of withdrawal

If you are a consumer, you have the possibility to exercise your legal right of withdrawal. Please note the following cancellation conditions:

(1) Withdrawal

You have the right to revoke this contract within a maximum of 14 (fourteen) days, without having to give reasons. The withdrawal period expires 14 (fourteen) days after the date on which you, or a third party designated by you, other than the carrier, takes possession of the items. In order to exercise your right of withdrawal, you must inform us of your decision to revoke this contract by means of an unambiguous declaration (e. g. by post, fax or email):

Company: xTWO GmbH 
Name: Christoph Hußmann, Jürgen Zaiser
Street: Gießener Straße 42
CP / City: 35410 Hungen
Country: Germany
Telephone number: +49 (0)6402 89 89 00
Fax number: +49 (0)6402 89 89 89 0 99
Email: info@xtwostore.com

You can use the template of the cancellation form provided for this purpose, but it is not mandatory. You can also fill in and send us electronically on our online shop the model of the withdrawal form or another unambiguous declaration (www.xtwostore.com). Make use of this possibility so that we can send you as soon as possible (e.g. by email) a confirmation regarding the correct reception of the cancellation request.

The withdrawal period shall be deemed to have been observed if the communication concerning the exercise of the right of withdrawal is sent before expiry of the withdrawal period.

In general, the returned products must be in perfect condition for resale, with all accessories and in their original packaging. You have the right to open the packaging and to handle the delivered products as long as this does not make the goods unfit for sale. We reserve the right to refuse refunds for damaged or used returned items and/or packaging. The items must not have been installed or used.

Please note that some products are neither refundable nor exchangeable, and cannot be cancelled. This mainly concerns furniture, whirlpools, shower or bath walls, radiators and towel-dryers, custom-made and/or custom-made products as well as products that have undergone special treatments (e. g. ceramic coatings, pre-drilling holes in furniture or bathtubs).

(2) Consequences of withdrawal

If you revoke this contract, we are obliged to reimburse you for the products we have received from you - with the exception of damaged or deteriorated products. (see paragraph "right of withdrawal"). within 30 (thirty) days from the date on which the goods reach us. In the event of a partial cancellation of the order, delivery charges are not refunded. To make this refund, we use the same payment method that you used in the original transaction. We may refuse this refund until we have recovered the goods. The articles need to be returned to the adresse below at the latest within fourteen days from the date on which you informed us of the cancellation of this contract:

xTWO GmbH 
Gießener Straße 42
35410 Hungen
Germany

Tel: +49 (0)6402 89 89 89 00 
Fax: +49 (0)6402 89 89 89 0 99
E-mail: info@xtwostore.com

The deadline is respected if you ship the items before the fourteen-day deadline expires. You are responsible for the direct costs of returning items.

(3) There is no right of withdrawal for business customers.

§10 Conditions of return of goods

(1) A return is only possible for unused items and with the original packaging. In general, the returned products must be in perfect condition for resale, with all possible accessories. The return must be made in new packaging so that the original packaging is not damaged.  We shall be obliged to deduct 25% of the value of the goods in case of damage to the original packaging, and 100% if the product arrives damaged/cracked/striped/used. You have the right to open the packaging and to handle the delivered products as long as this does not make the goods unfit for sale.

(2) Your responsibility is only engaged in case of possible loss of value of the articles, if their depreciation results from manipulations other than those necessary to ensure their nature, their properties and their good functioning. The direct costs of returning items are at your expense and the parcel or pallet must contain the order number.

(3) Some products are not refundable or exchangeable and cannot be revoked. This mainly concerns products manufactured on demand and/or made to measure as well as products that have undergone special treatments. In general, all the following products are concerned (non-exhaustive list): towel-dryers, radiators, furnitures, shower enclosures, bathtub enclosures, bathtubs with coatings and/or holes for handles or taps, whirlpool baths, specially treated ceramics (coatings, colours, etc.), tiles.If in doubt, please write to info@xtwostore.com. Our teams will inform you about the return conditions.

(4) For any complaint or request for return, you must contact us by mail or Email beforehand, at info@xtwostore.com so that we can validate your request, and send you the return procedure.

§11 Damage and losses resulting from transport

(1) Upon receipt, it is imperative to open and check your parcels in the presence of the deliveryman in case of possible damage. Do not sign the delivery note until you have checked it.

(2) Write down your reserves on the slip in a very precise way (type of part broken or missing, quantity, etc...)

(3) The mention of general reservations of the "subject to unpacking" type cannot be accepted. Be as specific as possible, note any missing product or degradation. Once the delivery has been checked, you can accept the delivery.

(4) Any visible damage caused by the carrier or item missing in the delivery must be reported to our customer service department by phone or via email to info@xtwostore.com within 3 days after receipt of the order. Any claim made after this deadline will be rejected.

(5) You have the possibility to refuse delivery if the entirety of the goods is damaged. This facilitates the handling of the complaint.

(6) For consumers, the transfer of risks occurs at the time of handing over the products to the delivery address you have provided or at the time of collection of the parcel from the carrier. for professionals, the transfer of risk takes place when the goods are dispatched by xTWO GmbH.

§12 Standards and standards

The products sold by xTWO GmbH comply with German standards. It is the buyer's responsibility to check the compatibility of the products ordered with their installation, which, despite European standards, may sometimes have special local characteristics. If you have any technical questions regarding the products, please write to info@xtwostore.com. One of our sales representatives will be able to guide you. We offer this service on an advisory basis, and cannot be held responsible for compatibility errors. The final choice remains the responsibility of the customer. xTWO GmbH shall not be liable for any damage, loss, accident, injury or expense arising from the use of the purchased goods.

§13 Guarantees

We provide the legal guarantee of conformity, and the guarantee against hidden defects over a period of 2 (two) years. In order to guarantee the proper functioning of your products, it is highly recommended to have them installed by a professional. Some manufacturers offer commercial warranties of more than 2 (two) years, you can contact us for more information on the warranties of the purchased products. Any anomaly or failure of a product occurring within the warranty period may give rise to a claim. In the event of a warranty claim, we reserve the right to repair the defective goods, exchange the delivered goods, fully refund the item (against return of the defective goods) or partially refund the item. The warranty does not cover the customer's errors (choice, installation, commissioning, product not in accordance with the installation...), defects due to normal wear and tear of the product, use or maintenance not in accordance with the manufacturer's instructions.

If the guarantee is rejected by the manufacturer, we will be obliged to charge you a handling and processing fee.

§14 Legislation on cells and batteries

Insofar as some of our articles are equipped with batteries or chargers, we draw your attention to the legislation on batteries and chargers: batteries and chargers must not be disposed of with household waste. You are legally required to return used batteries and chargers. Batteries can contain harmful substances and harm the environment or your health if you store or dispose of them improperly. Batteries and chargers also contain raw materials such as iron, zinc, manganese or nickel, which can be recycled. After use, you can return the batteries to us or drop them off at a nearby store or municipal collection point.

§15 Final provisions

If one of the provisions of these T&Cs is or becomes void, the validity of the remaining provisions shall remain unaffected.

(1) We cannot guarantee that our product descriptions, photos or other content are correct, complete, reliable and error-free. The onlineshop may contain typographical errors, inaccuracies or omissions that may relate, for example, to product descriptions, prices or availability. We reserve the right to correct any errors, update inaccuracies/omissions or modify the content at any time, and without notice.

(2) This contract is subject to German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. In the case of consumers who conclude the contract for a purpose which cannot be attributed to their professional activity, this choice of applicable law shall apply only in so far as it does not deprive them of the protection which is not withdrawn by mandatory provisions of the law of the State in which the consumer has his habitual residence.

(3) Insofar as the customer is a trader, a legal entity under public law or a special public fund, the place of jurisdiction shall be Gießen, Germany.