Terminos y condiciones

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General Terms and Conditions and information

Company Name:

UAB “XM Textiles Europe”

Address:

Dariaus ir Gireno st. 42A Office 510 Vilnius LT – 02189 Lithuania

Contact:

Phone:

+370 (347) 20299

Fax:

+370 (347) 20299

E-Mail

spain@xmtextiles.com

VAT ID no.:

LT100009894314

VAT no.:

Company No:

301559593

1.Scope

The following Terms and Conditions apply to all contracts concluded by a consumer (hereinafter referred to as the “Customer”) with XM Textiles UAB regarding the goods and/or services displayed in the online shop. “Consumer” means any natural person who enters into a legal transaction for purposes which can be attributed in the main neither to commercial nor independent professional activities. We shall not acknowledge any differing conditions unless we have agreed to them expressly.

2.Conclusion of contract

By pressing the “BUY NOW” button, the customer makes a binding order that constitutes an offer of contract. Before submitting an order, the customer has the opportunity to check the details he/she has entered under “Final Check” and make any changes necessary. Once the order is submitted, an e-mail is sent to the customer confirming the receipt and showing the details of the order. This order confirmation does not constitute acceptance of the purchase for legal purposes, but is merely to inform our customers that their order has been received by XM Textiles UAB. The purchase contract comes into existence only with the dispatch of the goods ordered. The language of the conclusion and performance of the contact is English and Spanish. XM Textiles UAB reserves the right to not perform as promised and to refund the purchase price to the customer in return if the goods are unavailable or temporarily unavailable for supply despite the prior conclusion of the relevant purchase contract.

3.Delivery within Spain

Unless otherwise agreed, your XM Textiles UAB products will be paid for in cash on delivery. We deliver free of charge from an order value of just *** EUR including VAT. If your order is for less than that amount, your delivery will cost only *** EUR including VAT or *** EUR (with VAT) for order values below *** EUR (with VAT). Packaging costs are generally borne by XM Textiles UAB. We will deliver orders with promotional print on a pre-payment basis with an attractive discount of 4%.

The delivery date of the goods depends on the selected payment method. Deliveries against pre-payment usually take about 2 to 3 working days (Monday to Friday, not including Saturday) once payment has been received. Deliveries on account, or direct debit, Paypal, credit card and COD order usually take about 2 to 3 working days (Monday to Friday, not including Saturday) once the order has been received. If the goods are embroidered, printed or designed in any way to your specifications, the delivery date will be agreed separately for the specific order.

4.Delivery outside Spain

We are also able to deliver to different countries. Please note that orders in excess of 595.00 EUR including VAT (500.00 EUR excluding VAT) will be shipped free as far the German border, duty unpaid. Your XM Textiles UAB products will be delivered on a pre-payment basis. We will grant you a 4% discount for this payment method.

5.Price marking

All prices quoted for consumers are exclusive of the legally applicable VAT. The prices valid in the webshop on the date of the order shall apply. If a new version of the webshop is released, all previous prices will no longer be valid.

6.Reservation of title

The goods remain the property of XM Textiles UAB until full payment of the purchase price.

7.Liability

If there is a defect in the goods, the statutory regulations on liability for defects shall apply. XM Textiles UAB shall assume no liability for damages incurred as a result of incomplete, late or non- delivery, if these are caused by fire, strikes, lockouts, force majeure or other circumstances beyond our control. In the event of non-delivery or a delay in delivery by our suppliers, XM Textiles UAB shall be entitled to cancel the contract with the customer. XM Textiles UAB shall be obliged to inform the customer immediately of the unavailability of the goods and to immediately refund the consideration paid. Liability for slight negligence is excluded for damage caused by XM Textiles UAB. This shall not apply to death, physical injury or damage to health, breaches of cardinal obligations, i.e. such obligations whose fulfillment enables the proper performance of the contract and on which the customer usually relies and is entitled to rely, to warranties or where claims under the Product Liability Act are affected. This shall also apply to the actions of our legal representatives, employees or agents. Liability in the event of a breach of fundamental contractual obligations is limited to the foreseeable, typically occurring damage. The legal rights of our customers are not waived by the foregoing limitations of liability.

8.Terms of payment

XM Textiles UAB allows you to choose between the following payment options: credit card, Paypal, direct debit (for customer orders within Spain only) with a 2% discount or pre-payment with a discount of 4%, invoice with payment terms of 10 days with a 2% discount or 30 days net (subject to credit check). The customer shall be in default if he/she has not made payment to XM Textiles UAB within 30 days of receiving the invoice or equivalent request for payment. In the event of delays in payment, we will charge interest at the rate of 5 percentage points above the base rate.

And back to your overview:

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9. Information on cancellation policy

Cancellation policy

Cancellation rights

You have the right to cancel this contract within fourteen days without giving any reason.

The deadline for cancellation is fourteen days from the date on which you or a third party appointed by you other than the carrier have/has taken possession of the final goods.

To exercise your right of cancellation, you must notify us

  • XM Textiles UAB
  • Dariaus ir Gireno st. 42A Office 510 Vilnius LT – 02189 Lithuania
  • Email : info@xmtextiles.com
  • Telephone: +370 (347) 20299

by means of a clear declaration (e.g. a letter sent by post, a fax or an email) of your decision to withdraw from this contract. You can use the attached sample cancellation form, although this is not mandatory.

To meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your cancellation right before the end of the cancellation period.

Consequences of cancellation

If you cancel this contract, we shall reimburse you without undue delay for all payments that we have received from you, including delivery costs (with the exception of the additional costs arising from your choice of a type of delivery other than the cheapest standard delivery offered by us), and no later than within fourteen days of the date on which we receive notification of your cancellation of this contract.

We will use the same payment method for this reimbursement as you used for the initial transaction unless explicitly agreed otherwise with you; under no circumstances will you be charged any fees for this reimbursement.

We may withhold the reimbursement until the goods have been returned to us or until you have proven that you have returned the goods, whichever is earlier.

You must return the goods to us by mail or in person without undue delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline will be met if you dispatch the goods before the end of the fourteen day period.

We will bear the cost of returning the goods.

You must only pay for any depreciation of the goods if this is due to handling of the goods that is not necessary in order to test the quality, characteristics and functioning of the goods.

Exceptions to cancellation rights

The right of cancellation does not apply to contracts for the supply of goods which are not prefabricated and for the production of which individual selection or specification by the consumer is crucial, or which are clearly tailored to the personal needs of the consumer (e.g. emblems, embroidery, company logos, printing, etc.) and for contracts for the supply of sealed goods which are unsuitable for return for reasons of health or hygiene if their seal has been removed after delivery.

Sample cancellation form

(If you wish to cancel the contract, please complete and return this form.)

to

  • UAB “XM Textiles Europe”
  • Dariaus ir Gireno st. 42A Office 510 Vilnius LT – 02189 Lithuania
  •  Telephone: +370 (347) 20299
  •  E-mail: info@xmtextiles.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 consumer(s) Address of consumer(s)
  • (*)Delete as appropriate

10.Validity of the Terms and Conditions

If one or more of these Terms and Conditions are or become invalid, this shall not affect the validity of the remaining terms and the validity of the contract in its entirety. The ineffective term shall be replaced by the term that comes as close as possible in its effect to the economic objective pursued by the parties with the invalid term. Section 139 BGB shall not apply.

11.Data privacy statement

The customer is informed in detail via this link of the nature, extent, place and purpose of the collection, processing and use of the personal data by XM Textiles UAB required for the processing of orders and registration for the e-mail notification service, and of the scope of data protection. The purchaser expressly agrees to this collection, processing and use of personal data. He/she may revoke this consent at any time with future effect.

12.Copyright

ALL RIGHTS are RESERVED by XM Textiles UAB for every website design, every text and all graphics. The copying or reproduction (including printing on paper) of the entire website or parts of this website are permitted only for the purpose of placing an order with XM Textiles UAB or for the purpose of using this website as a shopping resource.

Any other use of materials or information on this website, including the reproduction, redistribution, modification and publication for any purpose other than that mentioned above, is prohibited without the prior agreement of XM Textiles UAB in writing or electronically.