Terms & Conditions

I.    Application, Scope

(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all our deliveries and services (X-Technology Swiss R&D AG, Samstagernstrasse 45, 8832 Wollerau, Switzerland).

(2) Deviating (and/or supplementary) general terms and conditions of the customer do not apply. They shall only apply if and insofar as we have expressly agreed to them or parts thereof. Even the unconditional delivery and/or performance of the service by us does not constitute an acknowledgement of the customer's general terms and conditions deviating from or supplementing our general terms and conditions.

(3) We deliver within Switzerland and to the following countries: Germany, Belgium, Greece, France, Ireland, Italy, Luxembourg, Malta, the Netherlands, Austria, Poland, Portugal, Slovakia, Slovenia, Spain, the Czech Republic, Romania, South Africa, Israel, Canada, the United States of America, UAE, Saudi Arabia, Qatar, Mexico, Japan, Taiwan and the United Kingdom. Shipping to other countries is currently not possible.


II. conclusion of contract, contract language

(1) The presentation of the products in our shop does not represent a legally binding offer, but only a non-binding online catalogue.

(2) By sending the order in the final step of the ordering process (button "order payable") you place a binding order for the goods contained in the shopping cart.

(3) The confirmation of the receipt of the order takes place by us with a separate order confirmation, in which you receive also once again our AGB inclusive the revocation instruction. This also does not constitute acceptance of your offer and thus no conclusion of contract.

(4) We can accept your order by sending a separate order confirmation by e-mail or by delivering the goods. This is how the contract is concluded.

(5) Paragraphs (2) to (5) do not apply to the choice of payment method PayPal. If this payment method is offered by us and chosen by you, the presentation of the products in our online shop represents an offer which you already accept by sending the order. Through your order, the contract is then concluded. 

(6) The contract language is English.

 


III. prices, payment, methods of payment

(1) All indicated prices are in EUR, CHF, GBP or USD and include the legal VAT.

(2)  Import duty may apply for non-EU countries.

(3) The following payment methods are available to our customers:

I. Payments by PayPal (not available currently)
If you select this payment method, you will be forwarded directly to PayPal at the end of the order process. You need a PayPal account to pay with PayPal. It is not possible to pay an invoice in advance using PayPal.

As soon as the payment receipt is booked with us, the delivery of your commodity is released. Please note that in rare cases it can come to processing errors on the part of PayPal. We have no influence on these. You find the AGB of PayPal under
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

II. payment by credit card
You can pay with MasterCard or Visa. Your credit card data will be transmitted encrypted using the SSL procedure. 

(3) Our Swiss domestic bank account applies to payment transactions:

INSERT THE ACCOUNT DATA HERE


IV.    Dunning, dunning costs, costs for back postings

(1) Our invoices shall be settled without deduction immediately upon receipt (due date).

(2) If - for example due to a shortfall in your account - the debit entries authorised by you are reversed and we incur costs as a result of the calculation by the banking institutions, you shall be obliged to compensate us for these costs. This does not apply if you are not responsible for the chargeback.


V.    Return costs in case of revocation for consumers

If you make use of your right of withdrawal as a consumer, you have to bear the direct costs of returning the goods.

 


VI. Delivery costs & Delivery times

(1) The delivery costs will be summarized and displayed for you in the final step of the order process before the order is placed. The expected delivery times are indicated with the individual products and are also summarized again in the order process.

(2) We calculate the following delivery costs for deliveries to the individual countries:

- Switzerland 15.00 CHF
- Belgium 12.00 EUR
- Germany 7.00 EUR (Free shipping for orders over EUR 250)
- France 12.00 EUR
- Greece 15.00 EUR
- Ireland 15.00 EUR
- United Kingdom 13.00 EUR (without dependencies)
- Italy 7.00 EUR (Free shipping for orders over EUR 250)
- Luxembourg 12.00 EUR
- Malta 25.00 EUR
- Netherlands 12.00 EUR
- Austria 7.00 EUR (Free shipping for orders over EUR 250)
- Portugal 12.00 EUR
- Spain 12.00 EUR
- Slovakia: 13.00 EUR
- Czech Republic: 19.00 EUR
- Slovenia: 13.00 EUR
- Poland: 19.00 EUR
- Romania: 19.00 EUR

 


VII.   Return and Exchange Policy

If you’re looking to return or exchange your order for whatever reason, we're here to help! We offer easy returns within 14 days of receiving your order.

Return and exchange policy conditions:

  • Always use the pre-printed return slip
  • The customer bears the costs of the return costs. The return shipping costs will be automatically deducted from the refund
  • Returns lost as a result of sending the parcel by your own means, instead of our pre-printed DHL label, cannot be refunded

Please note the following exceptions to our return and exchange policy:

  • Exceeded the 14 day return policy

  • Returned items must have tags still on and be returned in original packaging.

  • Returned items must have no visible signs of wear or use

    • If an item presents sings or wear or use, 20% off the paid amount will be deducted from the refund

VIII    Storage of contract data

Your personal data and all data essential for the conclusion of the contract (name, address, goods, conditions of sale, general terms and conditions etc.) will be stored by us. They are still available for 3 months after conclusion of the contract. If you need or would like to view this data, please write to us at

X-Technology Swiss R&D AG 
Samstagernstrasse 45, 
8832 Wollerau, Switzerland  


IX.    Retention of title

The goods remain the property of X-Technology Swiss R&D AG, Samstagernstrasse 45, 8832 Wollerau, Switzerland until full payment has been received.


X.    Warranty / Liability

(1) You are entitled to the statutory warranty claims.

(2) Claims for damages on your part against us - for whatever legal reason - are however excluded.

This shall not apply in the event of fraudulent concealment of the defect, non-compliance with a guarantee of quality, breach of life, body or health and/or intentional or grossly negligent breach of duty by us and also not in the event of breach of duties the fulfilment of which is essential to the proper performance of the contract and the observance of which you may regularly rely on (so-called essential contractual obligations / cardinal obligations). Claims under the Product Liability Act are also not affected by this limitation of liability. This limitation of liability applies equally to breaches of duty by our organs and vicarious agents.

The claim for damages for the breach of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless intent or gross negligence exists or we are liable for injury to life, limb or health. 

The above limitations of liability also apply to claims for reimbursement of futile expenses (§ 284 BGB). A change in the burden of proof to your disadvantage is not associated with the above provisions.

What's covered by our warranty?

  1. Manufacturing Defects: Sportswear warranties primarily cover manufacturing defects. These are issues that occur during the production process and are not the result of wear and tear from regular use. Common manufacturing defects include stitching coming undone, broken zippers, or faulty seams.

  2. Performance Faults: Warranties also typically cover performance faults related to the specific functionality of the garment. For example, if you purchase running shoes and they experience sole separation or other performance issues within the warranty period, you may be eligible for a replacement or repair.

  3. Material Flaws: Some warranties may extend to cover material flaws, such as fabric tearing or unusual wear patterns, provided these issues are not caused by misuse or excessive wear and tear.

What's NOT covered by our warranty?

  1. Normal Wear and Tear: Warranties do not cover the natural wear and tear that occurs as you use your sportswear regularly. Over time, clothing and shoes will naturally experience some level of wear, and this is not considered a manufacturing fault.

  2. Improper Care: Neglecting proper care instructions, like not following washing or cleaning guidelines, can void your warranty. Be sure to read and follow the care instructions provided with your garments to maintain the warranty's validity.

  3. Accidental Damage: If your sportswear is damaged due to accidental causes, such as spilling a drink on it, stepping on it, or any other non-manufacturing related incident, it is unlikely to be covered by the warranty.

  4. Alterations or Modifications: Any alterations or modifications made to the sportswear, such as customizations or adjustments performed by a third party, can void the warranty.

How to Make a Warranty Claim:

If you believe your sportswear has a manufacturing defect or performance issue covered by the warranty, here are the typical steps to make a warranty claim:

  1. Keep Your Receipt: Ensure you have proof of purchase, such as a receipt or order confirmation, as this will be required for warranty claims.

  2. Contact the Manufacturer or Retailer: Reach out to the manufacturer or retailer from whom you purchased the sportswear. They will provide instructions on how to proceed with your claim.

  3. Provide Details: Be prepared to provide details about the issue you're experiencing, along with any relevant photos if requested.

  4. Follow the Warranty Process: Follow the instructions provided by the manufacturer or retailer regarding how to return or exchange the product. They will guide you through the warranty process.

Understanding the scope of your warranty is crucial to ensure you receive the appropriate support if you encounter any issues. Always read the warranty terms and conditions carefully and take good care of your sportswear to extend its lifespan. A warranty is a valuable perk that can provide peace of mind, but it's important to remember that it primarily covers manufacturing defects and performance faults, not regular wear and tear or accidental damage. 


XI.    Settlement of EU disputes

Alternative dispute resolution pursuant to Art. 14 (1) ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which can be found at www.ec.europa.eu/consumers/odr . We are prepared to participate in an out-of-court conciliation procedure. You can find our e-mail address in our imprint. A list with the contact details of the recognised dispute resolution bodies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.

 


XII Place of performance / place of jurisdiction / applicable law:

(1) If you are a merchant, a legal entity under public law or a special fund under public law, then Dortmund is the exclusive place of jurisdiction. Exclusive - in particular consumer-related - jurisdictions shall remain unaffected by this provision.

(2) Place of performance for delivery and payment shall be our place of business.

(3) All legal relationships between us and you arising out of or in connection with an order placed via www.x-bionic.com shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of international private law, in particular the Rome I Regulation. An extrajudicial complaint or arbitration procedure for legal disputes arising from this contractual relationship is not agreed. 

(4) Mandatory consumer protection regulations remain unaffected by these GTC.
 
X-Technology Swiss R&D AG, 
Samstagernstrasse 45,
8832 Wollerau, Switzerland

Status: May 2018