xolaro - Company details and general terms and conditions of business
Xolaro e. U.
8302 Nestelbach bei Graz Österreich
Mobile: +43 (0)677 612 500 12
Authority pursuant to the Electronic Commerce Act:
Graz Provincial Court for Civil Law Matters
Companies’ register number: 439416a
VAT ID: ATU69668308
Chamber affiliation: Styria Economic Chamber
Owner/CEO: Franz Seelaus
General terms and conditions of business
1. SCOPE OF VALIDITY
For all offers, orders and deliveries as well as services of the company Xolaro, solely the following General Terms and Conditions of Business are relevant and they apply both in writing, verbally and for online orders.
With your order, you accept these listed general terms and conditions of business and declare yourself in agreement with them.
2. PATENTS, TERMS AND CONDITIONS OF USAGE
The „XOLARO‘S“ plus their components are patented and protected under copyright law.
All image rights are held by Xolaro or its partners.
You may not add any trademarks, logos or other information protected under copyright law (such as images, text, page layout or form) without our explicit written consent.
Plans, outlines and other techn./comm. documents as well as samples, catalogues, illustrations, etc.) remain the property of the company Xolaro at all times and subject to the generally valid GDPR.
Any utilisation, reproduction, dissemination, publication or demonstration may only be done with the explicit consent from the company Xolaro.
Changes to products that serve technical progress or further development are possible at any time without prior notice.
3. REVIEWS, COMMENTS, COMMUNICATION AND SOCIAL MEDIA
Visitors may write reviews, comments and other content as well as send in proposals, ideas, comments, questions or other information as long as the content is not illegal, obscene, offensive, threatening, or defamatory, does not invade privacy, does not breach the law or otherwise harm third parties, and as long as the content is not inadmissible, does not comprise political campaigns, advertising, chain letters, mass mailings or any form of spam, and does not contain such content.
The same applies for postings on social networks.
4. OFFERS, ORDER, DELIVERY, CONCLUSION OF CONTRACT
All offers of the company Xolaro are subject to change and non-binding unless they are explicitly marked as binding. All offers marked as binding are valid for a maximum of 30 days.
Orders and deliveries will only be accepted from persons who have full legal capacity.
The sale to persons under the age of 18 may only be done with the involvement of a parent or guardian and their signature.
If you withdraw from the contract, Xolaro is entitled to demand the direct costs of the return; this does not impair the exercising of the legal claim.
Price benefit promotions as well as customer discounts only apply until they are revoked.
The data of the order is saved in the shop and can be viewed under “My account”.
After the order has been sent, an order confirmation will be sent by mail to the mail address indicated by you
This states that Xolaro has received your order.
A contract is not concluded until Xolaro has accepted your order. This acceptance will be done within 30 days at the choice of Xolaro either by delivery of the goods or by transmission of a written order confirmation.
The notification of receipt of your order is not yet deemed to be acceptance of the order.
Xolaro is free not to accept online orders because the decision on this is at their discretion.
If Xolaro should not carry out an order, it will notify the customer of this immediately by e-mail.
Xolaro will invoice you for flat-rate shipping costs per delivery or unit.
In individual cases, a supplement for bulky goods may also be charged, the amount of which is added to the respective product. Even in the case of partial return consignments, the flat-rate shipping costs will be charged in full. Bonuses will be offset against the value of the goods but not against the shipping costs.
Xolaro is not responsible for any delay if this is not in its sphere of influence.
With unforeseen events (e.g. force majeure, war-like events, unrest, lockdown, transport delays, strike or other interruptions to manufacturing or transport and other disruptive events), this releases Xolaro from complying with the agreed delivery time; if there are unforeseeable circumstances, the delivery obligation of Xolaro lapses.
You will be notified immediately in such a case.
Circumstances that are caused by the contractual partner (e.g. special requests after order issue, missing techn./comm. documents/information, etc.) also release Xolaro from complying with confirmed delivery dates.
The company Xolaro is therefore entitled to withdraw from the contract if delivery obstacles occur that are not attributable to the company Xolaro. Because of these circumstances, claims for compensation are excluded.
If Xolaro is in arrears with a delivery despite the setting of a subsequent period of at least 14 days, you as the customer can withdraw from the contract. If the delivery has not yet been shipped.
You may not use any false e-mail address, pretend to be any other person or company, or otherwise provide misleading information regarding the origin of a bank or credit card or of other content.
5. PAYMENT, PAYMENT ARREARS, RETENTION OF TITLE
The purchase price is due for payment within 14 days from date of invoice. The goods remain the property of Xolaro until they have been fully paid for by you.
All price information includes the respective statutory VAT and excludes the flat-rate shipping costs.
With orders up to an invoice value of €40.00, the company Xolaro is entitled to charge a minimum quantity surcharge.
Shipping and packaging costs for deliveries below €150.00 will be charged and invoiced at cost price.
The payment can be made after prior determination by Xolaro by credit card (Visa, Mastercard), by instant transfer, by payment on open account or by payment in advance.
If you are in arrears with acceptance, Xolaro can either store the goods and charge a warehouse fee of 0.1% of the invoice amount per calendar day commenced and insist on fulfilment of contract, or withdraw from the contract after setting an appropriate subsequent period and sell the goods to others after it has withdrawn from the contract. In the event of withdrawal, in addition to the warehouse costs, you also have to pay flat-rate compensation for damages in the amount of 25% of the invoice amount.
In the event of arrears in payment, Xolaro is entitled, after setting an appropriate subsequent period, to withdraw from the contract and to demand that the customer return the goods delivered.
The contractual partner is not entitled to retain or offset payments due to warranty, compensation or other counterclaims.
In the event of payment in arrears, Xolaro is also entitled to charge arrears interest of 12% p.a. and dunning fees (up to €5.00) for each reminder. A collection agency will then be commissioned with collecting the receivable. You are obligated to reimburse the collection costs that result in particular from the regulation of the Federal Ministry for Economic Affairs (Federal Law Gazette [BGBl.] 141/1996 in the valid version) regarding the maximum rates for the remuneration to which collection agencies are entitled.
6. RIGHT OF WITHDRAWAL, RIGHT OF REVOCATION
Until this is revoked, Xolaro grants you a 14-day right of withdrawal from the day when the goods are received if you are a consumer pursuant to the Consumer Protection Act (KSchG) and have submitted an online order.
Saturday is not deemed to be a working day.
The notice of withdrawal must include a brief and concise explanation; the sending of the goods to the returns address indicated on the invoice is sufficient to comply with the deadline.
The goods must be correctly packed, unused and undamaged and also be sent back with the original invoice to the address indicated.
Within Austria, the return of goods that can be sent by parcel post is at the risk and cost of Xolaro.
The withdrawal and/or revocation is to be sent to:
8302 Nestelbach bei Graz / ÖSTERREICH
7. PROTECTION OF CREDITORS
You agree that, in the case of delivery on open account (payment using paying-in slip), Xolaro is entitled to send your name, your date of birth and your address to a credit bureau in order to obtain information about your credit standing.
Under certain prerequisites, Xolaro reserve the right to demand the presentation of proof of income or to deliver to you in return for cash on delivery if you do not have a sufficient credit standing.
In the event of arrears in payment, we will send the name, date of birth, address and the open balance to a collection agency.
8. DATA PRIVACY
You agree that personal data collected in the event of a contract conclusion and provided to Xolaro by you – your name, your date of birth, your address, your telephone number and your e-mail address – may be saved in our system and used for the duration of the contract handling.
You agree that your personal data may be recorded in the customer file of Xolaro and you can thus be informed about existing and new products as well as price promotions by post, e-mail or SMS.
When saving and processing your data, Xolaro adheres strictly to the Data Protection Act.
At all times, you are entitled to free-of-charge access to and rectification, blocking and deletion of your saved data. You can contact us in this matter in written form to the e-mail address email@example.com or by post.
After receipt of your objection or revocation, your data affected by this will no longer be used and processed for marketing purposes and the further sending of advertising will be suspended immediately and/or your data will not be forwarded for marketing purposes. You have the possibility of online objection here.
Xolaro does not assume any liability for any printing errors due to slight negligence in the advertising media and data fields in the online shop.
On its web pages, Xolaro makes references to other pages on the Internet via links. The following applies for all these links: Xolaro explicitly declares that it does not have any influence whatsoever on the design and the content of the linked pages. That is why Xolaro hereby explicitly distances itself from all content of all linked sites of third parties to its own site and does not adopt it as its own.
This declaration applies for all displayed links and for all content of pages that links lead to.
Graz is deemed to be the place of performance for all obligations resulting from the contract. The contract is subject to Austrian law under the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Where permissible, the place of jurisdiction is Graz.
9. GUARANTEE, WARRANTY
The guarantee and/or warranty expires when the subject of the delivery is changed by a third party or as the result of the installation of parts of third-party origin, if the set-up and handling instructions are not complied with, or the product is not used pursuant to its designated use.
Natural wear and tear and damage caused by improper handling are also excluded from the guarantee and/or warranty. As a result of the repair, the guarantee and warranty period is only extended with regard to the replaced parts. After the payment obligation becomes due, guarantee and warranty claims can only be filed after the payment has been made. All claims from the guarantee and/or warranty expire when the obvious defects are not reported and proven immediately on handover and hidden defects immediately when they are discovered, in each case in writing.
For customers pursuant to the Consumer Protection Act, the statutory warranty provisions in the respectively valid version apply.
Liability pursuant to the Product Liability Act remains unaffected if the products have been used pursuant to the general provisions of use and no changes have been made to the product whatsoever.
The company Xolaro is also fundamentally not liable for loss of earnings, indirect damage and/or consequential damage, in particular also not for damage caused by defects and for intangible losses. The burden of proof for the existence of all prerequisites for liability, explicitly also culpability, will be borne by the contractual partner.
Due to the colour reproduction of the customer’s computer, there may be colour deviations between the colours displayed on the website and the real colours of the models. Xolaro therefore assumes no liability for the compliance of the colours displayed on the website with the real colours of the models.
Claims on the part of the contractual partner for compensation, on whatever legal basis, are excluded if this is permitted by law.
In particular, there is therefore no liability in the event of slight or simple gross negligence.
10. SEVERABILITY CLAUSE
The contractual partners accept the terms and conditions, if not by other means, then by accepting the goods or service. Declarations by the contractual partner to the contrary are legally invalid, even if they remain unchallenged.
Terms and conditions of purchasing of the contractual partner are excluded for the entire business relationship.
These terms and conditions are binding for the entire current and future business transactions of the company Xolaro, even if no explicit reference is made to them, for instance, during verbal and/or telephone orders.
An invalidity of an individual provision of this contract does not result in the entire contract being invalid.
The remaining content of the contract continues to apply unchanged.
If individual provisions of these terms and conditions of business or of the contract concluded with the contractual partner should be invalid in part or in their entirety, this will not affect the validity of the rest of the contract.
Agreements, side agreements and assurances that deviate from the terms and conditions agreed hereby are only valid if they are made in writing and are signed by a company representation of the company Xolaro.