I.    Application, Scope

(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all our deliveries and services (X-BIONIC 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 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. During the order process you can correct or cancel the order process at any time before clicking on the button "order payable".

(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 EURO and include the legal VAT.

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

I. Payments by PayPal
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 150)
- 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.    Cancellation policy

If you are a consumer and not an entrepreneur, you have a right of withdrawal, as follows:

Right of withdrawal

You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the day on which you or a third party named by you who is not the carrier have taken or have taken possession of the last goods.

In order to exercise your right of withdrawal, you must inform us (X-BIONIC AG, Samstagernstrasse 45, 8832 Wollerau, Switzerland, INSERT TELEPHONE NUMBER AND E-MAILADRESS) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the sample revocation form below, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall refund to you all payments we have received from you, including delivery charges (other than the additional charges arising from a method of delivery other than the cheapest standard delivery specified by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment for the refund as you used for the original transaction, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided us with evidence that you have returned the Goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.

You shall bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.

End of the revocation instruction

In accordance with § 312 g para. 2 BGB, the right of revocation does not exist in the following cases, among others

- Contracts for the supply of goods which are not prefabricated and the manufacture of which is determined by an individual choice or destination by the consumer or which are clearly tailored to the personal needs of the consumer;
- for the delivery of sealed goods which, for health or hygiene reasons, are not suitable for return if their seal has been removed after delivery;
- Contracts for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature.

Sample revocation form:
If you wish to cancel the contract, please fill in this form and return it:

To:
X-BIONIC AG, 
Samstagernstrasse 45, 
8832 Wollerau, Switzerland 
Phone:  +41 44 786 03 03
E-mail:  customercare@x-bionic.com


I / we (*) hereby cancel the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following services (*)

-
-
-
-
-
- Ordered on (*) / received on (*):
- Name of the consumer(s):
- Address of the consumer(s):
- Signature of the consumer(s) (only for paper notifications):
- Date:


(*) delete inapplicable


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-BIONIC AG, 
Samstagernstrasse 45, 
8832 Wollerau, Switzerland 
INSERT E-MAIL ADDRESS


IX.    Retention of title

The goods remain the property of X-BIONIC 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.


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-BIONIC AG, 
Samstagernstrasse 45,
8832 Wollerau, Switzerland

Status: May 2018