General Terms and Conditions of XIMPLIO GmbH
Scope of application
These terms and conditions apply to all purchases from XIMPLIO GmbH (under Polish law XIMPLIO spółka z ograniczoną odpowiedzialnością, in short. Sp. z o.o. Sp. z o.o. is the equivalent of the German limited liability company >[link to "Imprint"]< transacted by private customers.
Private customers in this sense are persons with residence and delivery address in the Federal Republic of Germany, provided that the goods ordered by them can be attributed neither to their commercial nor their independent professional activity.
Business customers are requested to place orders on the order pages accessible via the business customer login>[link to business customer login]<.
Conclusion of contract
The presentation of our goods and the granting of the opportunity to place an order represents a concrete offer on our part to conclude a purchase contract.
Through your order you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you provided.
Prices and shipping costs
The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. In addition, there are shipping costs, which depend on the shipping method and the size and weight of the product(s) ordered by you. You can find out about the details under>[link to "shipping costs"]<. We shall not bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of revocation>[link to "Returns"]<. If you exercise your right of withdrawal, we won't refund the shipping costs.
Payment is made upon delivery by means of
- Amazon Pay
- Apple Pay
- Google Pay
- credit card
- direct debit
Default of payment
If you are in default of payment, XIMPLIO GmbH shall be entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If XIMPLIO GmbH can prove that it has incurred higher damages due to default, XIMPLIO GmbH shall be entitled to claim such damages.
Right of retention
The customer is only entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
(1) Delivery shall be made to the delivery address specified by the customer, within
- Schengen area
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, XIMPLIO GmbH shall not be obliged to perform. Amounts already paid shall be refunded by XIMPLIO GmbH without delay.
(3) XIMPLIO GmbH may also refuse performance if this requires an effort which, taking into account the content of the purchase agreement and the requirements of good faith, is grossly disproportionate to the customer's interest in the performance of the purchase agreement. Amounts already paid shall be refunded by XIMPLIO GmbH without delay.
(4) Bulky goods (packages with a volume larger than 1 sqm) are usually delivered by a forwarding agent. XIMPLIO GmbH explicitly points out that these goods will not be carried into the house.
Favorable shipping method for returns
(1) When returning the goods and accessories, please use the original packaging if possible, even if it should be damaged due to an opening for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery of goods for the return. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return method. However, if you choose an unnecessarily expensive shipping method, you may be obligated to pay us the increased cost compared to a less expensive shipping method.
Retention of title
The delivered goods remain the property of XIMPLIO GmbH until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
(1) If a product is already defective upon delivery (warranty case), XIMPLIO GmbH shall, at the customer's option and at XIMPLIO GmbH's expense, replace it with a defect-free product or have it professionally repaired (subsequent performance). It is pointed out to the customer that there is no case of warranty if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in particular in the following cases:
a) in the case of damage caused to the customer by misuse or improper use,
b) in the case of damage caused by the products being exposed to harmful external influences at the customer's premises (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) Furthermore, XIMPLIO GmbH does not provide any warranty for a defect caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of subsequent performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether the other type of subsequent performance can be resorted to without significant disadvantages for the customer must be taken into account - the customer's claim shall be limited to the respective other type of subsequent performance. The right of XIMPLIO GmbH to also refuse this other type of subsequent performance under the aforementioned condition shall remain unaffected.
(4) Both in the case of repair and in the case of replacement, the customer shall be obliged to send the product to the return address specified by XIMPLIO GmbH at XIMPLIO GmbH's expense, stating the order number. Before sending in the product, the customer has to remove any objects inserted by him from the product. XIMPLIO GmbH is not obliged to inspect the product for the insertion of such items. XIMPLIO GmbH shall not be liable for the loss of such items unless it was readily apparent to XIMPLIO GmbH at the time the product was returned that such an item had been inserted into the product (in which case XIMPLIO GmbH shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred in doing so). Furthermore, before sending in a product for repair or replacement, the customer shall, if necessary, make separate backup copies of the system software, the applications and all data on the product on a separate data carrier and deactivate all passwords. No liability for loss of data will be assumed. Likewise, after the repaired product or the replacement product has been returned to the customer, the customer shall be responsible for installing the software and data and reactivating the passwords.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provisions: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by the customer. The customer shall pay compensation for the value of any loss or further deterioration of the goods not caused by the defect and for the impossibility of surrendering the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to pay compensation for the value is furthermore not applicable for the return of a defective product in case of warranty,
a) if the defect entitling the customer to withdraw from the contract only became apparent during processing or remodelling,
b) if XIMPLIO GmbH is responsible for the deterioration or loss or if the damage would also have occurred at XIMPLIO GmbH,
c) if the deterioration or loss has occurred at the customer's premises although the customer has exercised the care that he is accustomed to exercising in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return the goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at its option, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not resulted in a condition of the product in accordance with the contract within a reasonable period of time.
(8) In addition, claims against the manufacturer may also exist within the scope of a warranty granted by the manufacturer, which shall be governed by the corresponding warranty conditions.
(9) The legal warranty of XIMPLIO GmbH ends two years after delivery of the goods. The period shall commence upon receipt of the goods.
(1) In the event of slight negligence, XIMPLIO GmbH shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. XIMPLIO GmbH shall not be liable for any other damage caused by slight negligence due to a defect in the object of purchase.
(2) Irrespective of any fault on the part of XIMPLIO GmbH, any liability on the part of XIMPLIO GmbH in the event of fraudulent concealment of the defect or from the assumption of a guarantee shall remain unaffected. The manufacturer's warranty is a warranty of the manufacturer and does not constitute an assumption of a warranty by XIMPLIO GmbH.
(3) XIMPLIO GmbH shall also be responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred in the event of timely delivery.
(4) The personal liability of the legal representatives, vicarious agents and employees of XIMPLIO GmbH for damage caused by them through slight negligence is excluded.
The contract concluded between you and XIMPLIO GmbH shall be governed exclusively by the laws of the Federal Republic of Germany to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall not affect the mandatory provisions of the state in which you have your habitual residence.
Place of jurisdiction
If, contrary to the information you provided when placing your order, you do not have a place of residence in the Federal Republic of Germany, or if you transfer your place of residence abroad after conclusion of the contract, or if your place of residence is not known at the time the action is filed, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Poland.
We participate in alternative dispute resolution in accordance with Article 14 (1) ODR Regulation and § 36 VSBG (Consumer Dispute Resolution Act). The competent dispute resolution body is the:
- Platform for Out-of-Court Online Dispute Resolution (OS Platform).
The European Commission also provides a platform for online dispute resolution (OS), which can be found at this address: http://ec.europa.eu/consumers/odr/.
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract must be made in writing.