OUR TERMS AND CONDITIONS

1. Scope

The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

Consumers are consumers within the meaning of the Consumer Protection Act (KSchG) and thus natural or legal persons who are not entrepreneurs.

Entrepreneur is someone for whom business is part of running their business. A company is any long-term organization of independent economic activity, even if it is not aimed at profit. Legal persons under public law are always considered entrepreneurs.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.

2. Contractual partner, conclusion of contract, correction options

The purchase contract is concluded with xGens GmbH.

By placing the products in the online shop, we are submitting a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you click on the order button to accept the offer for the goods in the shopping cart. Immediately after submitting the order, you will receive another confirmation by email.

3. Contract language, contract text storage

The language (s) available for the conclusion of the contract: German

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of delivery

In addition to the stated product prices, shipping costs may also apply. You can find more detailed provisions on any shipping costs incurred in the offers.

We only deliver by post. Unfortunately, a self collection of the product is not possible.

We do not deliver to packing stations.

5. Payment

The following payment methods are generally available in our shop:

Credit card via Stripe

In cooperation with the payment service provider Stripe, we offer you credit card as a payment method. When you place your order, you provide your credit card details. After your legitimation as the legal cardholder, the payment transaction will be carried out automatically and your card will be charged.

SEPA direct debit via Stripe

In cooperation with the payment service provider Stripe, we offer you SEPA direct debit as a payment method. By submitting the order, you give us a SEPA direct debit mandate. We will inform you of the date of the account debit (so-called prenotification). By submitting the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account is debited before the goods are dispatched. The deadline for the advance notice of the date of the account debit (so-called prenotification deadline) is one banking day.

PayPal

During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal after the goods have been dispatched. You'll get more information during the ordering process.

Payment processing through PayPal Services

In cooperation with the payment service PayPal, we offer you various payment methods as PayPal services. You do not need to be registered with PayPal to be able to pay the invoice amount. Depending on the selected payment method, you can be forwarded to the PayPal website and the selected payment service after placing the order: Credit card: The payment transaction will be carried out immediately after confirmation of the payment order and after your legitimation as the legitimate cardholder by your credit card company at the request of PayPal and your Card charged.
eps transfer: You can enter your payment details on the PayPal website and confirm the use of your details by PayPal. You will then be redirected to the website of the online provider STUZZA Study Society for Cooperation in Payment Transactions GmbH. In order to be able to pay the invoice amount via eps transfer, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order. The payment transaction will be carried out immediately afterwards by eps transfer and your account will be debited.
Sofort by Klarna: You can enter your payment details on the PayPal website and confirm that PayPal will use your details. You will then be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account that has been activated for online banking, identify yourself accordingly and confirm the payment order. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.
You'll get more information during the ordering process.

6. Right of withdrawal

You have the statutory right of withdrawal, as described in the cancellation policy.

7. Retention of Title

The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale - regardless of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.

8. Transport damage

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. Failure to lodge a complaint or to contact you has no consequences whatsoever for your legal claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration is transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise assigned to carry out the shipment. The duty of inspection and notification of defects regulated in Section 377 of the Austrian Commercial Code applies to merchants. If you omit the notification regulated there, the goods are considered approved, unless there is a defect that was not recognizable during the examination. This does not apply if we have fraudulently concealed a defect.

9. Warranties and Guarantees

Unless expressly agreed otherwise below, the statutory right to liability for defects applies. Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods takes place under the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 933b ABGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer's product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (subsequent improvement) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty as well as malice
• in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely (cardinal obligations)
• as part of a guarantee promise, if agreed
• as far as the scope of the product liability law is opened.

Customer service: You can contact our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 11:00 a.m. on +43 699 116 255 98 and by email at customerservice@xgens.eu

10. Liability

We are always unrestrictedly liable for claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty
• in the case of guarantee promises, if agreed, or
• as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected.
Otherwise claims for damages are excluded.

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution, which you can find here. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

12. Final provisions

If you are an entrepreneur, then Austrian law applies to the exclusion of the UN sales law.

If you are an entrepreneur within the meaning of the Corporate Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.

AGB: AGB