General terms and conditions of business
1. scope
The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.
Consumer is any natural person, which concludes a legal transaction for purposes, which for the most part cannot be attributed to either their commercial or their self-employed professional activity. Entrepreneur is a natural or legal person or a legal partnership, who, when concluding a legal transaction, acts in exercise of their commercial or self-employed professional activity.
Applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; only then will they become part of the contract, if we have expressly agreed to this.
2. contractor, conclusion of contract, correction options
The purchase contract is concluded with XFunShop.com.
By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order, by using the correction aids provided and explained in the ordering process. The contract is concluded, by accepting the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, Contract text storage
The one available for the conclusion of the contract(n) Language(n): Deutsch – English
We save the text of the contract and send you the order data and our terms and conditions in text form. You can view the text of the contract in our customer login.
4. delivery terms
We deliver free of charge.
We only deliver by mail. Unfortunately, a self collection of the product is not possible.
5. pay
The following payment methods are generally available in our shop:
Payment in advance
If you select the payment method in advance, we will give you our bank details in a separate email and deliver the goods after receipt of payment.
Crypto Payment
If you select the Crypto Payment, we will give you our Wallet Details in a separate email and deliver the goods after receipt of payment.
6. right of withdrawal
Consumers have the statutory right of withdrawal, as described in the cancellation policy, to. Entrepreneurs are not granted a voluntary right of withdrawal.
7. Retention of title
The goods remain our property until full payment.
The same applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; All claims arising from this resale are assigned to you – regardless of a connection or mixing of the reserved goods with a new item – in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorized to collect the claims, however, we may also collect claims ourselves, if you do not meet your payment obligations. We will release the securities to which we are entitled at your request, than the realizable value of the collateral exceeds the value of the open claims 10 % exceeds.
8. Damage in transit
Applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and contact us immediately. The failure to make a complaint or contact has for your legal rights and their enforcement, especially your warranty rights, no consequences. But you help us, our own claims against the carrier or. to be able to assert the transport insurance.
Applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you, once we get the thing to the carrier, delivered to the carrier or the person or institution otherwise responsible for carrying out the shipment.
9. Warranties and Guarantees
9.1 Liability for Defects
Unless expressly agreed otherwise below, the statutory liability for defects applies.
The limitations and time limitations below do not apply to claims for damages, those through us, caused by our legal representatives or vicarious agents
- in case of injury to life, of the body or health
- in the event of intentional or grossly negligent breach of duty or fraudulent intent
- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal duties)
- under a promise of guarantee, as far as agreed, or
- as far as the area of application of the Product Liability Act is open.
Restrictions on Entrepreneurs
With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer apply as an agreement on the quality of the goods, included in the contract; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.
The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
regulations for merchants
Among merchants, the provisions in § 377 HGB regulated investigation- and obligation to give notice of defects. Refrain from the notification regulated there, then the goods are considered approved, unless, that it is a defect, which was not apparent on examination. This does not apply, if we have fraudulently concealed a defect.
9.2 Guarantees and After-Sales Service
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability
For Claims of Damage, those through us, caused by our legal representatives or vicarious agents, we are always fully liable
- in case of injury to life, of the body or health,
- in the event of intentional or grossly negligent breach of duty,
- with guarantee promises, as far as agreed, or
- as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal duties) due to slight negligence on our part, our legal representatives or vicarious agents, the liability is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
11. Dispute Resolution
The European Commission provides a platform for online dispute resolution (OS) ready, the you here find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
12. Protection of minors
If your order includes goods, whose sale is subject to age restrictions, we provide through the use of a reliable process involving a personal identity- and age verification safe, that the customer has reached the required minimum age. The deliverer hands over the goods only after the age has been checked and only to the customer personally. In this case, delivery to packing stations is not possible.
13. Final Provisions
Are you an entrepreneur?, then German law applies to the exclusion of the UN Sales Convention.