Terms and Conditions

1. General – Scope

1.1. The following General Terms and Conditions apply to all business relationships between X-Team Bocholt GmbH & Co. KG and its customers. In this sense, customers are exclusively entrepreneurs within the meaning of § 14 BGB (German Civil Code). The version valid at the time of concluding the contract is decisive. Our online offer is exclusively aimed at commercial end-users, tradespeople, freelancers, and the self-employed.

1.2. Deviating, conflicting, or supplementary general terms and conditions, even if known, shall not become part of the contract. The use of the business partner's general terms and conditions is expressly contradicted. An offer to incorporate the customer's general terms and conditions is rejected by X-Team Bocholt GmbH & Co. KG. The customer agrees to the inclusion of the general terms and conditions in the contract by placing an order with X-Team Bocholt GmbH & Co. KG.

2. Conclusion of Contract

2.1. Offers from X-Team Bocholt GmbH & Co. KG are non-binding. Technical and other changes are reserved within the bounds of what is reasonable.

2.2. With the online order, the customer bindingly declares their contract offer. X-Team Bocholt GmbH & Co. KG will confirm receipt of the consumer's order immediately. The confirmation of receipt does not yet constitute an effective acceptance of the contract offer. However, it can be combined with the declaration of acceptance. X-Team Bocholt GmbH & Co. KG has no obligation to confirm receipt of the order to the customer.

2.3. The contract with X-Team Bocholt GmbH & Co. KG does not yet come into effect if the order is reconfirmed by X-Team Bocholt GmbH & Co. KG to the customer (order confirmation). This order confirmation does not constitute a binding purchase contract. Rather, the purchase contract is only concluded upon delivery of the goods. For orders not placed via the internet, the provisions of the German Civil Code (§ 145 ff. BGB) apply to the conclusion of the contract.

2.4. The conclusion of the contract by X-Team Bocholt GmbH & Co. KG is subject to the reservation that, in the event of incorrect or improper self-supply, the company is not obliged to perform or is only partially obliged to perform. In the event of the unavailability or partial unavailability of the service, the customer will be informed immediately. The consideration will be refunded immediately.

2.5. The contract text will be stored by X-Team Bocholt GmbH & Co. KG and will be sent to the customer via email after the contract is concluded, along with the legally incorporated General Terms and Conditions.

3. Delivery

3.1. The agreed-upon or stated delivery times are approximate and are also subject to the condition that X-Team Bocholt GmbH & Co. KG itself is supplied properly and on time.

3.2. The Customer may withdraw from this contract if the agreed or specified delivery date is more than 4 weeks beyond receipt of the order confirmation and the Customer has set a reasonable grace period in writing after the expiry of the 4-week period.

4. Retention of title

4.1. X-Team Bocholt GmbH & Co. KG retains ownership of the goods until all claims arising from an ongoing business relationship have been fully settled.

4.2. The customer is obliged to treat the goods with care as long as they remain the property of X-Team Bocholt GmbH & Co.KG.

4.3. The customer is obliged to immediately inform X-Team Bocholt GmbH & Co. KG of any third-party access to the goods subject to retention of title, for example in the event of seizure, as well as any damage to or destruction of the goods. The customer shall immediately notify X-Team Bocholt GmbH & Co. KG of any change in ownership of the goods as well as of any change of their place of residence.

4.4. X-Team Bocholt GmbH & Co. KG is entitled to withdraw from the contract and demand the return of the goods in the event of the customer's breach of contract, particularly in cases of default in payment or violation of an obligation under Section 2 and 3 of this provision.

5. Prices

5.1. The prices offered are net prices plus statutory VAT and are non-binding; the respective daily price applies. In the case of special offers, the offered price is valid for the duration of the special promotion. For mail-order purchases, the stated price is in addition to a flat shipping fee.

5.2. If, after the conclusion of the contract and up until delivery, the relevant cost factors—in particular those for materials, shipping/freight costs, energy, or personnel—change by more than 5%, either party is entitled to request a price adjustment. This adjustment shall be calculated based on the extent to which the relevant cost factor affects the total price. The customer is free to decide whether to maintain its order on this revised basis or not; or, if a contract has already been concluded, to withdraw from it.

5.3. Payment is generally made in advance. An alternative method of payment is possible if the customer uses one of the offered online payment systems during the online order process. Purchase on account is possible for certain customer groups (registration required). X-Team Bocholt GmbH & Co. KG reserves the right to exclude individual payment methods.

5.4. Upon receipt of the service, the customer agrees to pay the invoice within the specified payment term. The customer will be in default of payment after this period expires. This also applies in the event of a subsequent non-redemption of a direct debit. During the period of default, default interest of 9 percentage points above the respective base interest rate will be charged. X-Team Bocholt GmbH & Co. KG reserves the right to prove and claim higher damages due to default.

5.5. The customer is only entitled to set off if their counterclaim has been legally established or acknowledged by X-Team Bocholt GmbH & Co. KG. The customer can only exercise a right of retention if their counterclaim is based on the same contractual relationship.

6. Transfer of Risk

6.1. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer upon handover, or in the case of a mail-order purchase, upon delivery of the goods to the forwarder, carrier, or any other person or entity designated to carry out the shipment.

6.2. The handover is equivalent if the customer is in default of acceptance.

7. Warranty

7.1. X-Team Bocholt GmbH & Co. KG shall initially provide warranty for defects in the goods by repair or replacement, at its discretion.

7.2. If the subsequent performance fails, the customer can generally demand a reduction in the purchase price (diminution), rescission of the contract (withdrawal), or damages in lieu of performance, at their discretion. If the customer chooses damages in lieu of performance, the limitations of liability in accordance with Section 8.1 shall apply. However, the customer shall not have the right to withdraw from the contract for only minor defects.

7.3. The customer is obligated to inspect the ordered and delivered goods for defects immediately and must notify X-Team Bocholt GmbH & Co. KG in writing of any defects discovered within one week of receipt of the goods; otherwise, the assertion of warranty claims is excluded. Timely dispatch is sufficient to meet the deadline. The customer bears the full burden of proof for all claim prerequisites, particularly for the defect itself, for the time of discovery of the defect, and for the timeliness of the defect notification.

7.4. The warranty period is one year from the delivery of the goods for new devices and new accessories.

7.5. For used equipment and consumables, we exclude any warranty from the outset.

8. Limitations and Indemnification

8.1. X-Team Bocholt GmbH & Co. KG assumes no liability for damages or consequential damages – including lost profits – incurred by the customer or third parties. This does not apply unless the damage is based on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of X-Team Bocholt GmbH & Co. KG. Furthermore, this does not apply to damages arising from injury to life, limb, or health, which are based on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of X-Team Bocholt GmbH & Co. KG. Finally, this does not apply to damages resulting from a breach of so-called cardinal obligations by the principal. Cardinal obligations are those essential contractual obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer may regularly rely.

8.2. To the extent that X-Team Bocholt GmbH & Co. KG provides access to other websites via links, X-Team Bocholt GmbH & Co. KG is not responsible for the external content contained therein. X-Team Bocholt GmbH & Co. KG does not adopt the external content as its own. If X-Team Bocholt GmbH & Co. KG becomes aware of illegal content on external websites, it will immediately block access to these websites.

8.3. The customer indemnifies X-Team Bocholt GmbH & Co. KG against all disadvantages incurred by X-Team Bocholt GmbH & Co. KG from third parties due to the customer's harmful actions – whether intentional or negligent.

9. Data Protection

The customer is informed in detail in the privacy policy of X-Team Bocholt GmbH & Co. KG about the type, scope, location, and purpose of the collection, processing, and use of personal data required for order fulfillment, as well as about their right to object to the use of their anonymized usage profile for advertising, market research, and customizing the service, and about the necessity of any required consent statements.

10. Final Provisions

10.1 The law of the Federal Republic of Germany shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply.

10.2. Exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of X-Team Bocholt GmbH & Co. KG. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is not known at the time the lawsuit is filed.

10.3. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become wholly or partly invalid, this shall not affect the validity of the remaining provisions. The statutory provisions shall apply in place of the invalid provision.

Status: 04.01.2020