(1) XACK.COM is operated by the company XACK Worldwide, proprietor: Christian Langelüddeke, Bothenweg 20, 36208 Wildeck-Obersuhl, Germany
(2) The following Terms and Conditions (T&Cs) exclusively apply in each current version at the time of the conclusion of the contract for all deliveries and services of the company XACK Worldwide.
2. Conclusion of contract
(1) Our information and offers with regard to the goods we sell are non-binding. Our online catalogue does not constitute any offer, rather a non-binding invitation to place an order.
(2) The customer declares his binding contractual offer with the ordering of goods. The receipt of an order both via internet and via telephone does not yet constitute a declaration of acceptance by us. Nor does a confirmation of receipt of order constitute a declaration of acceptance, rather should only inform the customer of the receipt of the order. The purchase contract with us is concluded only upon confirmation in writing, such as via email, or upon the consignment of the goods ordered. When paying “in advance”, the purchase contract is concluded when the order is placed by the customer and the invitation for advance payment is forwarded by us.
(3) We are entitled to accept online orders within three working days after receipt. Orders communicated to us using other methods may be accepted within two weeks. We are entitled to reject the acceptance of an order or to limit the order to household amounts.
(4) Conclusion of contract is subject to the proviso that if we ourselves do not duly obtain the correct supplies we will not perform or will perform only partially. This shall only apply in the event that we are not responsible for non-delivery. The customer shall be immediately informed in the case of unavailability or only partial availability. The counter-performance shall be reimbursed without delay.
(5) Should the customer order the product electronically, the contractual text is saved by us and is forwarded to the customer together with the legally effective T&Cs via email upon conclusion of the contract.
3. Prices and payment terms
(1) The prices specified by us include statutory value added tax (VAT). If a shipment is destined outside the EU, the stated price is the net amount. Additional fees for customs and taxes may apply and are to be paid by the customer in their respective country.
(2) In addition to the price, the customer must pay a shipping fee that includes costs for packaging, shipping charges and insurance for the dispatch of a purchase. The shipping costs are displayed before the conclusion of the order process.
(3) Payments can be made via payment methods offered upon ordering. The selection is made in the ordering process. Furthermore, we reserve the right to exclude individual payment methods.
(4) We reserve the right to limit payment option at our discretion.
(5) We shall determine method of dispatch, route of dispatch and freight carrier at our discretion, unless an alternative explicit agreement has been made with the customer.
(6) The processing time is usually 1-2 working days from the time of order. Delivery dates and times are only binding if this has expressly agreed with us. To guarantee a delivery time, it is sufficient if the dispatch takes place before the expiry of the fixed term.
(7) The customer undertakes to complete payment immediately after ordering.
(8) The customer has a right to offset only if his counterclaims have been legally established or recognized by us.
(9) The customer may only exercise his right of retention if his counterclaim is based on the same contractual relationship.
4. Instruction on revocation
(1) Right of revocation: Without stating reasons, you may revoke your contract declaration within two weeks in writing (e.g. letters, faxes, emails) or - if the item was surrendered to you prior to expiry of the fixed term - by returning the item. The term begins after receipt of this instruction in written form, however not before receipt of the product by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before the fulfilment of our information obligations in accordance with Article 246 Section 2 in conjunction with Section 1 Para 1 and 2 EGBGB (Introductory Act to the Civil Code) as well as our obligations in accordance with Section 312e Para 1 Clause 1 BGB (Civil Code) in conjunction with Article 246 Section 3 EGBGB. To guarantee the revocation period, the timely dispatch of the revocation or the item is sufficient. The revocation is to be directed to:
36208 Wildeck-Obersuhl ,Germany
(2) Consequences of revocation: In the event of an effective revocation, the mutually received performances are to be returned and any derived benefits (e.g. interest) surrendered. Should you be unable to return the performance received in whole or in part or to do so only in deteriorated condition, you must pay us any compensation for the value in this respect. This shall not apply to the surrender of items if the deterioration of the item can be traced back to the fact that it was inspected as would have been the case had the item been displayed in a shop, for example. Furthermore, you may avoid any duty to pay any compensation for a deterioration caused by the intended use of the item by refraining from using the item as your property and refraining from everything which affects its value. Products consignable by parcel shipment may be returned at our risk. You shall be responsible for return costs should the goods supplied correspond with those ordered and if the price of the items to be returned does not exceed a value of 40 Euros or if, in the case of a more expensive item, you have not fulfilled your part of the agreement or made a contractually agreed partial payment at the point of the revocation. Return consignment is otherwise free of charge for you. Products not consignable by parcel shipment are collected from you. Obligations to refund payment must be met within 30 days. For you, the period begins with the dispatch of your declaration of revocation or of the item and begins for us with the receipt thereof.
5. Transfer of risk and retention of title
(1) The risk of accidental loss and accidental deterioration of the goods shall be transferred to the customer upon the surrender of the goods.
(2) The same applies when the customer delays the acceptance.
(3) We reserve the title to the goods up until complete payment of the purchase price
6. Limitation of liability
(1) In the event of slight negligence of any obligations of the contract, our liability is limited to average damages which are foreseeable, direct and typical for the contract. This also applies in the event of slight negligence of any obligations of our legal representatives or vicarious agents.
(2) This limitation of liability does not include customer claims from product liability nor damages to body and health attributable to us.
(3) We also bear no liability to entrepreneurs in the event of slight negligence of non-essential contractual obligations.
7. Final provisions
(1) The law of the Federal Republic of Germany applies. In cases of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only be applicable insofar as the afforded protection is not deprived by the obligatory provisions of the law of the state in which the consumer has his place of habitual residence. The provisions of the UN Sales Convention do not apply.
(2) If the customer is an entrepreneur, legal entity under public law or public law special fund, the exclusive place of jurisdiction for all disputes arising from the contract is our registered office. The same applies if the customer has no general jurisdiction in Germany or the domicile or habitual residence at the time of action are not known.