General Terms and Conditions

General Terms and Conditions (Allgemeine Geschäftsbedingungen – AGB)

Privacy policy (see Section 3 AGB)/ Shipping costs (see Section 5 AGB), Cancellation policy (see Section 9 AGB)

Section 1 Scope

(1) The following terms and conditions are part of every contract between Xantara GmbH, Prinzregentenstr. 5, 83022 Rosenheim, Germany, represented by its managing directors Mrs Andrea Tafel and Mr Klaus Tafel resident at the same address, (hereinafter referred to as XANTARA) and its customers.

(2) XANTARA renders its services exclusively based on these terms and conditions. You can view, save and print these General Terms and Conditions at any time via our homepage. You will also receive the General Terms and Conditions from us by e-mail in the event that a contract is concluded.

Section 2 Conclusion of contract/contract language

(1) Representation of the products in our online shop does not represent a legally binding offer, but only a non-binding online catalogue provided by XANTARA.

(2) Clicking the "pay for order" button involves placing a binding order for the goods contained in your shopping cart. Should you want to change the contents of your shopping cart before sending the order, you can do so using your mouse and keyboard. You can also cancel the order process at any time before submitting your order by closing the window. An automated e-mail will confirm receipt of your order together with acceptance of this order immediately after its submission. This e-mail confirms that the purchase contract has been concluded.

(3) The language used for conclusion and execution of this contract is German. We save the text of the contract and send you the order data by e-mail together with the General Terms and Conditions when the contract is concluded.

Section 3 Privacy policy

Collection, processing and use of personal data

It is generally possible to use our website without providing personal data.

If personal data is processed, you will find detailed information on data processing in this privacy policy.

Contact form

Use of the contact form is optional. The entered data will be processed exclusively for the purpose of processing your request. The data will be deleted immediately after your request has been processed, provided there are no legal retention periods. The data will not be passed on to third parties.

The entered data is transmitted via a secure connection (TLS/SSL encryption).

The legal basis for such data processing is Article 6 (1 1) (a, b and c) GDPR.

The data will be processed exclusively for the purpose of answering your enquiry and will be kept for the duration of the statutory retention obligation (6 years under Section 257 (1) No. 2, (4) of the German Commercial Code (HGB)), insofar as it involves commercial correspondence. You can revoke your consent at any time by sending us a simple e-mail if the entered data is not required to fulfil the contract or to implement pre-contractual measures.

Cookies

Our website uses cookies to make the website available and analyse access to the website. Cookies are small text files that are stored on your computer and contain information about your visit. Further information on cookies can be found here ((https://en.wikipedia.org/wiki/HTTP_cookie).).

You can configure your browser so that it does not accept cookies or so that they will be deleted after a specified time. You can also delete existing cookies via the browser itself. Please visit your browser's help pages to do so.

The legal basis for such data processing is Article 6 (1 1) (f) GDPR and/or Section 15 (3) of the German Telemedia Act (Telemediengesetz – TMG). The legitimate interests lie in the presentation of a user-friendly website and, as necessary, in statistical evaluation of website usage in order to improve it.

The cookies are stored on your computer until you delete them yourself. Please therefore refer to your browser's help pages.

Google Analytics

Our website uses Google Analytics, a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies", which are text files placed on your computer to assist with analysing your use of the website. The information generated by the cookie about your use of our website is usually transmitted to a Google server in the USA and stored there. We would like to point out that Google Analytics on our website has been extended by the code "anonymizeIp" to guarantee anonymised collation of IP addresses (so-called IP masking). Your IP address will thus be abbreviated within Member States of the European Union or in other States party to the Agreement on the European Economic Area before transmission to the USA. Only in exceptional cases is the full IP address transmitted to a Google server in the USA and abbreviated there. Google will use this information on behalf of the operator of our website to evaluate your use of the website, to compile reports on website activities and to provide further services to the website operator in connection with website and internet use. The IP address transmitted by your browser as part of Google Analytics is not merged with other Google data. You can prevent the storage of cookies by appropriately configuring your browser software; we would however point out that in this case you may not be able to use all our website's functions to their full extent. You can also prevent the data generated by the cookie and related to your use of the website (including your IP address) being passed on to Google and the processing of this data by Google by downloading and installing the browser plug-in available at the following link ( http://tools.google.com/dlpage/gaoptout?hl=de)

You can prevent collection by Google Analytics by clicking the following link. This will set an opt-out cookie to prevent future collection of your information when you visit our website:Verbiete Google Analytics, mich zu verfolgen

Further information on terms of use and data protection can be found at

The legal basis for such data processing is Article 6 (1 1) (f) GDPR and Section 15 (3) of the German Telemedia Act (Telemediengesetz – TMG). The legitimate interests lie in statistical evaluation of website usage in order to improve it.

The IP address and other personal data will only be stored for the Google Analytics minimum period, which is 14 months.

Server-Log-Files

The web server automatically collects and stores information in so-called server log files, which your browser automatically transfers to the web server. These are:

  • Visited website
  • Time at point of access
  • Amount of transmitted data in bytes
  • Source/ reference from which the site was accessed
  • Browser used
  • Operating system used
  • IP address used

The data collected is only used for statistical analysis and to improve the website. We reserve the right however, to subsequently check the server log files if there are concrete indications of illegal use.

The legal basis for such data processing is Article 6 (1 1) (f) GDPR. The legitimate interests lie in website defect analysis and to enable prosecution in the event of denial of service attacks.

Information, erasure, blocking

At any time you have the right to free information about your stored personal data, its origin and recipients and the purpose for data processing as well as a right to correction, blocking or erasure of this data.

There is additionally a right of appeal to the competent supervisory authority:

Bavarian State Office for Data Protection Supervision

Promenade 27 (Schloss), 91522 Ansbach


Contact

You can contact our data protection officer at any time with questions or concerns:

Christina Tafel,
Business Lawyer LL.M.
+49 8031 614780
datenschutzbeauftragter@xantara.eu

Section 4 Delivery conditions

(1) Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the customer.

(2) Should XANTARA incur additional shipping costs due to specification of an incorrect delivery address or an incorrect addressee, then these costs are to be reimbursed by the customer, unless he/she is not responsible for the incorrect specification.

§Section 5 Shipping costs

XANTARA charges shipping costs of € 6.95 / *€ 7.95 per order for parcel shipping in Germany and *Austria.
countries, please note our current shipping costs list available via
https://www.xantara-shop.eu/de/versandkosten

Section 6 Payment terms

(1) The purchase price is due immediately upon conclusion of contract. Payment can be made in Germany and Austria by direct debit, prepayment, credit card or cash on delivery, if available in the shop system. Otherwise, the available payment options are by advance payment and credit card.

(2) All prices are to be understood as end customer prices including the statutory value added tax.

(3) (3) All shipping costs, in particular packaging, transport costs and deliveries are to be borne by the customer unless otherwise agreed separately.

Section 7 Retention of title

The goods remain the property of XANTARA until payment in full.

Section 8 Statutory warranty

(1) The statutory provisions shall apply regarding warranty unless otherwise agreed in Section 8 (2 to 3).

(2) The limitation period for claims arising from liability for material defects is 24 months and begins with delivery of the purchased item. Should the customer be an enterprise (Section 14 of the German Civil Code), then the period shall be 12 months from delivery of the item. This does not apply to damages resulting from loss of life, bodily injury or damage to health, the violation of essential contractual obligations (handover and transfer of ownership of the goods) as well as damages resulting from intentional or grossly negligent conduct. Here the statutory limitation regulations apply.

(3) The legal provisions, inspection and complaint obligations according to the German Commercial Code (HGB) shall apply to merchants.

Section 9 Cancellation policy

In the event that you place a one-time order with XANTARA, you have the right to cancel under the following conditions:

Revocation right

You have the right to revoke this contract within fourteen days without giving reasons.

The period shall be fourteen days from the day on which you or a third party designated by you (other than a carrier) took or has taken possession of the goods.
To exercise your revocation right you must notify

XANTARA GmbH,
Prinzregentenstr. 5
83022 Rosenheim
Tel.: +49 (0)8031-61478-0
Fax: +49 (0)8031-61478-20
E-mail address:service@xantara.eu

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model revocation form to do so, but this is not mandatory.
Click here for the model form.

To meet the deadline, it is sufficient that you send notification of the exercise of your revocation right before the end of the revocation period.

Consequences of revocation::

Should you revoke this contract, we shall promptly refund to you all payments we have received from you, including delivery charges (with the exception of any additional costs resulting from your choice of a different method of delivery from the cheapest standard delivery we offered), and at the latest within fourteen days of the date on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may withhold a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must promptly return or hand the goods over to us, and in any case within fourteen days at the latest from the day on which you inform us of your revocation of this contract. This deadline is met if you send the goods before the end of the fourteen-day period. You are to bear the direct costs of returning the goods.

You are to bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods, which is not necessary for testing the nature, properties and functionality of the goods.

In the event that you place a subscription order with XANTARA,
you have the right to cancel under the following conditions:

Revocation right

You have the right to revoke this contract within fourteen days without giving reasons.

The period shall be fourteen days from the day on which you or a third party designated by you (other than a carrier) took or has taken possession of the initial goods.

To exercise your revocation right you must

XANTARA GmbH,
Prinzregentenstr. 5
83022 Rosenheim, Germany
Tel: +49 (0)8031-61478-0
Fax: +49 (0)8031-61478-20
E-mail address:service@xantara.eu

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model revocation form to do so, but this is not mandatory
Click here for the model form.

To meet the deadline, it is sufficient that you send notification of the exercise of your revocation right before the end of the revocation period.

Consequences of revocation::

Should you revoke this contract, we shall promptly refund to you all payments we have received from you, including delivery charges (with the exception of any additional costs resulting from your choice of a different method of delivery from the cheapest standard delivery we offered), and at the latest within fourteen days of the date on which we receive notification of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may withhold a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.

You must promptly return or hand the goods over to us, and in any case within fourteen days at the latest from the day on which you inform us of your revocation of this contract. This deadline is met if you send the goods before the end of the fourteen-day period.

You are to bear the direct costs of returning the goods.

You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods, which is not necessary for testing the nature, properties and functionality of the goods.

Section 10 Exceptions to the revocation right

The above revocation right shall not apply to sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.

Section 11 Information on online dispute resolution

The European Commission has established an internet platform for online dispute resolution as of 15/02/2016. Its aim is to enable consumers and traders to settle disputes relating to online sales contracts or online service contracts simply, efficiently, quickly and out of court. This platform can be reached via
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show erreichbar.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Section 12 Closing provisions

(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on the International Sale of Goods (CISG). Mandatory provisions of the state in which the customer has their habitual residence shall remain unaffected.

(2) Should the customer be a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the location of XANTARA's registered office.

Status of these General Terms and Conditions: 15.11.2018