General Terms and Conditions with Customer Information

Last Update: 14. October 2024

Table of contents

• Validity of the GTC
• Contact and service details
• Ordering Process and Conclusion of Contract
• Contract Text and Contract Language
• Customer Account
• Payment Methods and Terms
• Delivery, Availability of Goods
• Sale of Vouchers
• Promotional vouchers
• Copyright and Rights of Use
• Instructions on Withdrawal
• Warranty and Liability
• Change of GTC
• Final provisions
• Dispute Resolution

1. Validity of the GTC

• The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between XCLSV GbR, Zum Seligmacher 1, 76829 Ranschbach, Germany (hereinafter referred to as “Vendor”) and the purchaser, who is hereinafter referred to as “Customer”, of the Vendor’s products.
• Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.
• A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
• “Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
• “Product” within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.
• Regardless of the terminology used in the GTC, such as “Vendor”, the legal classification of the contract and the applicable statutory regulations are always determined by the legal requirements of the respective types of contracts. These GTC do not limit the statutory definitions and regulations in any way.

2. Contact and service details

• E-mail address: info@xclsv.de
• Phone number: +49 6345 4040449
• Customer service availability: Monday – Friday 9am – 5pm Berlin Time

3. Ordering Process and Conclusion of Contract

• The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.
• By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.

4. Contract Text and Contract Language

• The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.
• The contract languages are German and English, contracts can be concluded in these languages.

5. Customer Account

• The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.
• Customers can also place an order as a guest without having to create a Customer account.
• Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
• Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers’ responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
• The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor’s GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

6. Payment Methods and Terms

• Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
• When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
• The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
• If the Vendor assigns its payment claim against the Customer to payment service providers, the payment with debt-discharging effect can only be made to the respective payment service provider. The contractual obligations of the Vendor towards the Customer, in particular the performance and warranty obligations, observance of withdrawals as well as contractual ancillary obligations shall not be affected by the assignment.
• The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.
• PayPal – The payment is made through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”) by means of the type of PayPal payment provided by the seller or selected by Customers. Customers are redirected directly to PayPal at the end of the order process. The terms of use of PayPal apply, which can be viewed at https://www.paypal.com/uk/legalhub/home and will be communicated to the Customer during the payment process.
• PayPal Express – The customer pays the amount owed by means of the PayPal transaction.
• PayPal Plus (PayPal) – The Customer must have a PayPal account and pays the amount owed by means of the PayPal transaction process.
• PayPal Plus (Direct Debit) – The Customer can pay by means of PayPal’s direct debit procedure even if he does not have a PayPal account. The Customer issues a SEPA direct debit mandate to PayPal. By issuing the SEPA direct debit mandate, PayPal is authorized to initiate the payment transaction, which automatically debits the Customer’s bank account. The Customer will be informed about the date of the debit of the bank account (referred to as “Pre-Notification”).
• PayPal Plus (Credit Card) – The customer can pay by credit card via PayPal even if he does not have a PayPal account. The Customers must identify themselves as a legitimate Cardholder in order to make the payment before the payment transaction is executed and the Customer’s account is automatically debited.
• PayPal Plus (Purchase on account) – The Customer can make a purchase on account via PayPal even if he does not have a PayPal account. Prerequisite is a successful verification of the address and creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal. A debt-discharging payment can only be made to PayPal according to the conditions and the selected, or stated payment term of PayPal. The terms of use of PayPal for the purchase on account apply.
• PayPal Credit – Requirement for a payment in installments via PayPal is a successful verification of the address and the creditworthiness of the customer by PayPal. The Vendor assigns the payment to PayPal, a debt-discharging payment can only be made to PayPal in accordance with PayPal’s terms and conditions.
• In the context of the “PayPal Checkout payment method, the Vendor may use third party payment service providers for the purpose of payment processing. The following information applies to PayPal or the respective named third party payment service providers (collectively referred to as “Checkout payment service providers”). The terms and conditions of the Checkout Payment Service Provider communicated to the Customer shall apply. If the Vendor offers a purchase on account or payment by installments via the Checkout payment service provider, the Vendor reserves the right that a prerequisite of the payment method is a successful check of the address and creditworthiness of the customer by the Checkout payment service provider. The Vendor assigns the payment to the Checkout payment service provider. A debt-discharging payment can only be made to the Checkout payment service provider in accordance with the conditions and the selected, or stated, payment term of the Checkout payment service provider. In the event of payment by means of a SEPA direct debit mandate, the Customer shall issue a SEPA direct debit mandate to the Checkout payment service provider. By issuing the SEPA direct debit mandate, the Checkout payment service provider is authorized to initiate the payment transaction, which automatically debits the Customer’s bank account. The Customer will be informed about the date of debiting the bank account (referred to as “Pre-Notification”).
• Amazon Pay – The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. The Customer will be redirected to Amazon Pay before completing the order and can choose from the payment methods offered at Amazon Pay. After the order is placed, the payment transaction is ordered via Amazon Pay. Further information and conditions: https://pay.amazon.com/.
• Google Pay – The use of Google Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Google Pay, which are also communicated to the Customer during the ordering process. Further information: https://pay.google.com.
• Apple Pay – The use of Apple Pay requires registration for this payment method. The payment transaction is carried out based on the conditions of Apple Pay, which are also communicated to the Customer during the ordering process. Further information and conditions: https://www.apple.com/apple-pay/.

7. Delivery, Availability of Goods

• The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
• If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
• If pick-up of the goods by the Customer is agreed, the Vendor shall inform the Customer that the goods are ready for pick-up at the agreed pick-up location. In this case, the Customer shall not incur any shipping costs, subject to an express agreement to the contrary.
• If a delivery of goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred for the outward and return shipment. Insofar as the costs arise from the exercise of the right of withdrawal for consumers, the aforementioned obligation to bear the costs shall only apply to the costs of sending the goods there, while the regulations in the instructions on withdrawal shall apply to the costs of returning the goods.
• Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
• If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.
• Customers are requested to report obvious transport damage as soon as possible to the transport company or carrier or otherwise to notify us of the transport damage. This does not create any obligation for Customers who are consumers, the non-notification does not limit the legal rights of the Customer, in particular the warranty and revocation rights as well as the enforcement of these rights.

8. Sale of Vouchers

• These GTC apply accordingly to the sale of vouchers embodying material or monetary values.
• The ordered vouchers will be sent to the Customer at the e-mail address provided.
• The ordered vouchers are provided to the Customer in the Customer Account, provided that a Customer Account has been created.

9. Promotional vouchers

• “Promotion Vouchers” are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
• Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
• Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
• Unless otherwise stated, the Promotional Vouchers issued to recipients may not be transferred to third parties.
• Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
• Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
• If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
• If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

10. Copyright and Rights of Use

• The products distributed by the seller, including the copyrighted content associated with the products such as graphics or instructions, are protected by intellectual property rights (particularly trademark and copyright law). The rights of use and exploitation lie with the seller or the respective rights holders. Customers commit to recognising and respecting these intellectual property rights.

11. Instructions on Withdrawal

• The information on the right of withdrawal for Consumers can be found in the Vendor’s instructions on withdrawal.
• The right of withdrawal does not apply to Consumers whose domicile, habitual residence or delivery address at the time of conclusion of the contract and delivery is outside a Member State of the European Union (EU) or the European Economic Area (EEA) and who do not belong to any of these Member States.
• The provisions of these GTC do not limit the statutory rights of withdrawal, cancellation, termination, warranty, and defects as well as other mandatory rights of the Customer and their related payment and other claims, and are subordinate to these rights.
• Customers can access the Vendor’s instructions on withdrawal at the following Internet address: https://gcom360.online/cancellation-policy

12. Warranty and Liability

• The warranty (liability for defects) and liability for other poor performance are subject to statutory provisions, except as otherwise provided.

13. Change of GTC

• The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.
• The Vendor will send the amended GTC to the Customer’s email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

14. Final provisions

• The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
• The place of jurisdiction shall be at the Vendor’s (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor’s country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

15. Dispute Resolution

• The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.
• We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.