Terms & Conditions

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)  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 or exchanges within 14 days of receiving your order. You can exchange your product for a different size, or a return item and get a refund to the original payment method. Customer pays for the return freight.

 

Please note that X-BIONIC warehouse is in Italy, and X-SOCKS warehouse is in Slovakia. Items that you would like to return should be forwarded to its original warehouse destination. You’ll find the correct address on the Return Procedure page here. Please note that we are not accepting returns to our headquarter in Switzerland.

 

If you want to return an item and use the pre-printed DHL return slip, we will deduct the cost of the return-freight when doing the refund of the returned item. Please see return freights, specified countries and instructions here. Refund will be done if the item is not a subject for exceptions described below.

 

If you need to exchange an item because of product size and use the pre-printed DHL return slip, we do this free of charge in Listed Countries in Europe “only for one time” if the item is not a subject for exceptions described below. Please see return freights, specified countries and instructions here.

 

For European countries not listed with pre-printed DHL return slip, returns and exchange has to be booked on our web page. We ask you to follow the return procedures explained on our Return Procedure page here.

 

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

  • Discounted items with more than 30%, are final and cannot be returned or exchanged.

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

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

 

To initiate a return or exchange, please use return documents that you received with you order and complete the following steps:

  1. Mark the item you want to return with article information and the reason for return.

  2. Use pre-printed DHL return slip with printed return address.
    Valid for EU customers listed here. For EU countries not listed and Customers outside EU should book their returns here.

  3. Use the box the items were shipped in, close it carefully and attach the return slip with preprinted shipping address.

  4. Arrange pickup with DHL here, or hand it in to a DHL collection point close to you.

 


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