Purchase and sale contracts between
Keep Moving GmbH
- hereinafter referred to as the "Seller" -
the customer named in §1 (2) of the contract
- hereinafter referred to as "Customer" -
which will be closed via the platform eu.xouxou.com
I. Application of the Terms and Conditions
1.1 The following terms and conditions are valid for sales contracts, which you conclude with us as seller (XOUXOU Berlin - Ihn Richard Kirschstein) via the website eu.xouxou.com. Unless otherwise agreed, the inclusion of later terms and conditions is not valid if amended by the Customer.
1.2 The product offer in our online shop is directed equally at consumers and entrepreneurs, but only to end-users. For the purposes of this Terms and Conditions, (i) a consumer is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity (§ 13 of the German Civil Code - BGB) and (ii) an "entrepreneur" is a natural or legal person or a partnership with legal capacity who acts in the exercise of his commercial or self-employed professional activity when concluding the contract (§ 14 (1) BGB).
II. Conclusion of Contract
2.1 Our offers in the online shop are non-binding.
2.2 By placing an order in the online shop, the customer makes a binding offer to purchase the relevant product. We can accept the offer until the end of the third working day following the day of the offer.
2.3 We will send the customer a confirmation of receipt of the offer, which does not constitute acceptance of the offer. The offer shall only be deemed accepted by us as soon as we declare acceptance to the customer (by e-mail) or send the goods. The purchase contract with the customer is only concluded with our acceptance.
2.4 Every customer is entitled to revoke the order and to return the goods pursuant to the withdrawal conditions contained on this terms and conditions agreement.
2.5 The language available for the conclusion of the contract is German or English depending on which language the customer has chosen to navigate on our website. In case the customer completes an order through the German language settings, consequently, the German terms and conditions shall apply. If the customer completes an order through the English language settings, thus the English version shall apply. Both versions have the same dispositions.
3.1 The prices include statutory VAT. Shipping and packaging costs as well as customs duties and similar charges shall be borne by the customer and shall be pointed out in the invoice.
3.2 We only accept the methods of payment indicated within the framework of the ordering process.
3.3 Payment of the purchase price is due immediately upon conclusion of the contract.
3.4 The customer is not entitled to any right of offsets or retention unless the counterclaim is undisputed or legally binding by a court order.
IV. Delivery conditions, goods shipment and shipping costs
4.1 The periods and dates stated by us for the shipment of the goods are always approximate and are therefore non-binding.
4.2 If the goods cannot be delivered due to external circumstances or if the goods cannot be delivered on time, we will notify the customer immediately. In this case, we reserve the right to withdraw from the contract. In this case, we shall refund the customer immediately for any payments made to us.
4.3 Unless otherwise agreed, we shall determine which form of shipment and the transport company at our reasonable discretion.
4.4 We only owe the timely and proper delivery of the goods to the carrier and therefore the company is not responsible for delays caused by the carrier. A shipping arrival date stated by us is therefore non-binding.
4.5 The risk arising of accidental destruction, accidental damage or accidental loss of the good passes to the customer at the time at which the good is delivered to the customer or the customer is in default of acceptance. Besides, in any other case, the risk is transferred when the goods are delivered to the customer by the carrier.
4.6 If the seller incurs additional shipping costs due to the indication of a wrong delivery address, a wrong addressee or an impossibility of delivery of the goods, these costs are to be paid by the customer.
4.7. For the orders including sale items or discount codes of promotion periods, XOUXOU is not covering the returning costs. The customer is, therefore, responsible for any return shipping duties for orders of sale items. Any duties and taxes are nonrefundable.
5.1 The statutory liability for defects shall exist.
5.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
6.1 We shall always have unlimited liability for claims based on damage caused by us, our legal representatives or vicarious agents:
in the event of injury to life, limb or health,
in case of intentional or grossly negligent breach of duty,
in the case of guarantee promises, if agreed, or
to the extent that the scope of application of the Product Liability Act has been opened up.
6.2 In the event of breach of material contractual obligations, the performance of which is essential for the proper performance of the contract and on the compliance with which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
6.3 We shall not be liable (irrespective of the legal basis) for damages which are not typically to be expected with normal use of the goods. Our liability is also excluded for damages resulting from loss of data if replacement is not possible or difficult due to missing or inadequate data backup. The above limitations of liability do not apply in the case of intent or gross negligence.
VII. Right of Title
7.1 You can only exercise a right of retention if it concerns claims from the same contractual relationship.
7.2 The goods shall remain our property until the purchase price has been fully paid.
VIII. Promotions and Discounts
8.1 All actions are valid while stocks last. If products ordered at a discount are no longer available, we reserve the right to cancel the order and refund any outstanding amounts.
IX. Data Protection
9.1 We may process and store the data relating to the respective purchase contracts insofar as this is necessary for the execution and handling of the purchase contract and as long as we are obliged to store this data by law.
9.2 We reserve the right to transmit the customer's personal data to credit bureaus insofar as this is necessary for the purpose of a credit check, provided that the customer expressly agrees to this in individual cases. We will not pass on personal customer data to third parties without the express consent of the customer unless we are legally obliged to do so.
X. Withdrawal Policy
10.1 Right of Withdrawal from this Contract
You have the right to revoke this contract within fourteen days without the need of explanation.
The withdrawal period shall be fourteen days from the date on which you or a third party other than the carrier designated by you have taken possession of the goods.
To exercise your right of revocation, you must inform XOUXOU c/o eCom Logistik GmbH - Strasse der Einheit 142-148 14612 Falkensee Email: firstname.lastname@example.org, by means of an unambiguous declaration (e.g. a letter or e-mail) of your decision to withdraw from this agreement. You can use the attached sample revocation form, which is not compulsory.
In order to comply with the deadline of the withdrawal period, it is sufficient for you to send the notification declaring that you wish to exercise your right before the expiry of such period.
10.2 Consequences of the withdrawal
If you revoke this Agreement, we shall repay to you all payments received from you, including delivery charges, immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement. We will use the same means of payment as you used in the original transaction for such a refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods.
You shall return or deliver the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. This period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods when exercising your withdrawal rights.
You only need to pay for any loss in value of the goods if a test of the state, characteristics, and functioning of the goods shows that the loss in value is due your unnecessary handling of them.
XI. Choice of Law, Place of Performance, Place of Jurisdiction
11.1 The law of the Federal Republic of Germany shall apply to all claims and rights arising from this contract. The validity of the UN Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
11.2 The place of performance for all services arising from business relations with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence is unknown at the time the action is filed. The right to also appeal to the court at another legal place of jurisdiction remains unaffected by this.
11.3 If the customer is a merchant within the meaning of § 1 (1) of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the courts in Berlin shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question. In all other cases, we or the customer may bring an action before any court competent on the basis of statutory provisions.
XII. Alternative Dispute Resolution
12.1 The European Commission shall provide a platform for out-of-court online dispute resolution (OS platform).
12.2 We are neither legally obliged nor prepared to enter into dispute resolution proceedings before a consumer arbitration service.