|Attention: Used products are non-returnable and sold privately.|
|Shipping Restrictions: There are currently shipping restrictions imposed due to the SARS-CoV-2 pandemic which may lead to delays of shipments.|
x4a.net – a project by the sillc assembly
These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind betweenx4a.net – a project by the sillc assembly
c/o m. schuetz
4281 express lane
suite L 3033
sarasota, FL 34249
(hereinafter referred to as ‘x4a.net’) and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession. A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession.
All prices are cash prices and does not include VAT since all sales on x4a.net are of private nature. All products are in used condition until stated different. The prices do not include charges for packaging and carriage. Additional customs duties shall be borne by the customer.
- Sales Contract
The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to purchase the goods in the shopping cart. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by e-mail.
- Statutory Right of Withdrawal
Statutory Right of Withdrawal
All products are sold as private and in used condition until stated different. Anyway, in order to initiate a withdrawal within the first fourteen (14) days, the customer must notify us:m. schuetz4281 express lane
suite L 3033
sarasota, FL 34249
of his/her decision to withdraw from this contract in a clear declaration (e.g. by sending a letter by mail or e-mail). The customer may use the withdrawal form template attached for this purpose; however, this is not obligatory.
The withdrawal deadline shall be deemed to be met if the customer sends the communication concerning the exercise of the right of withdrawal before the expiry of the deadline.
Consequences of Withdrawal
We may withhold the reimbursement until we have received the returned goods or until the customer has provided proof that he/she has returned the goods, whichever is earlier.
The customer must return or hand over the goods to us without delay and no later than fourteen (14) days from the date on which he/she notifies us of withdrawal from this contract. The deadline is deemed to be met if the customer sends the goods before the expiry of the fourteen-day deadline. The customer shall bear the costs of returning the goods.
The customer shall only be liable for any diminished value of the goods if this loss in value is attributable to any use or handling of the goods which is not deemed necessary in order to verify the condition, features and functioning of the goods.
Exclusions from the Statutory Right of Withdrawal
The statutory right of withdrawal shall not apply in the following cases:
- Delivery of goods which are not prefabricated and have been manufactured on the basis of a personal choice or according to customer specifications, or of goods which have clearly been tailored to the customer’s personal requirements.
- Delivery of sealed goods which are not suitable to be returned for reasons relating to health protection or hygiene if their seal has been removed after delivery.
- Delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
- Delivery of newspapers, journals or magazines, excluding subscription contracts.
Withdrawal Form Template (Complete and return this form only if you wish to withdraw from the contract.) To: x4a.net a project by the sillc assembly M. Schuetz 4281 Express Lane Suite L 3033 Sarasota, FL 34249 United States E-mail: firstname.lastname@example.org I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods/for the provision of the following service (*), ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Ordered on __________________ (*)/received on __________________ (*) Name of consumer(s) ____________________________________________________________________ Address of consumer(s) ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ Signature of consumer(s) (only if this form is notified on paper) ____________________________________________________________________ Date _________________ (*) Delete as appropiate.
- Due Date and Payment Terms
Unless otherwise agreed in writing, payment is to be made in advance. Orders paid in advance will be shipped upon receipt of payment. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If x4a.net is able to prove that greater damages were suffered as a result of the default, x4a.net shall be entitled to assert the corresponding claims on these grounds.
If the customer is a business, delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant. Customers who are merchants must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.
- Retention of Title
If the customer is a merchant, the goods supplied shall remain the property of x4a.net until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full. In case of contracts concluded with consumers, x4a.net shall reserve the right of retention for the goods until the purchase price has been paid in full.The customer shall not be entitled to sell the goods to third parties or to take any other measures which could put the ownership of x4a.net at risk until the purchase price has been paid in full. The customer hereby assigns to Vx4a.net any future claims against the buyer in the amount of the purchase price agreed between x4a.net and the customer, including interest and ancillary payments. x4a.net accepts this assignment.
- Warranty and Compensation
Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by x4a.net are not covered by the warranty. Signs of wear and tear from normal use are also excluded from the warranty.If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with § 2 item 4 has been fulfilled. This does not apply if the customer is a consumer.
The warranty period for new items shall be 6 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 1 month unless x4a.net is liable without limitation in accordance with § 5 item 7, in particular for detriment to life, body and health. If the customer is a business, the warranty period for new items shall be 6 months from the transfer of risk, and for used items 1 month from this date, unless x4a.net is liable without limitation in accordance with § 5 item 7, in particular for detriment to life, body and health.
Warranty formalities shall otherwise be carried out in congruence with the legal regulations.
x4a.net shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from willful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of x4a.net or a vicarious agent (e.g. the delivery service) of x4a.net. Any further liability for damages shall be excluded. In the event of a negligent breach of a material contractual obligation, the liability of x4a.net shall be limited to foreseeable damage.
- Place of Fulfilment and Place of Jurisdiction
The law of the United States shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.The place of fulfilment for all services and products arising from business transactions with x4a.net shall be Sarasota, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law. If the customer is a merchant, legal person governed by public law or special fund under public law, Sarasota shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
- Dispute Resolution
The Online Dispute Resolution website is an official website managed by the European Commission dedicated to helping european consumers and european traders resolve their disputes out-of-court.
- Closing Provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.