Terms of service
Terms and Conditions
The following terms and Conditions apply to all orders placed by consumer or by entrepreneur via our online shop.
A consumer is a natural person who concludes a legal transaction with a predominant objective that can be attributed neither to his/her commercial activities nor his/her work as a self-employed person. An entrepreneur 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 independent professional activity. With regard to entrepreneurs, these GTC also apply to future business relationships without us having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this
2. Contractual partner, Formation of contract
The purchase contract is concluded with Manufaktur Xela GmbH.
By placing the products in the online shop, we make a binding offer to conclude a contract for these articles. You can first place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after submitting the order, you will receive another confirmation by e-mail.
3. Contract language, Saving of the contract text
The languages available for concluding the contract are German and Englisch.
We save the text of the contract and forward the order data and Terms and Conditions to you by e-mail. You may also view the text of the contract in our customer login area.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers.
We only deliver by dispatch. A self-collection of the goods is not possible
We do not deliver to packing stations.
The following payment methods are basically available in our online shop:
With the submission of the order you are sending us your credit card details at the same time.
After your identification as the legal cardholder, directly after the order, we will ask your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and charged to your card.
During the ordering process you will be forwarded to PayPal online website. To pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment instructions to us. After submiting your order in the shop we instruct PayPal to initiate the payment transaction.
Directly afterwards the payment transaction is carried out automatically by PayPal. You will receive additional information during the ordering process.
Sofort Online Bank transfer
After placement of the order, you will be forwarded to the online SOFORT GmbH website. In order to pay the invoice amount via SOFOR, you must have an online banking account with PIN/TAN process for participating in SOFORT, identify yourself accordingly and confirm the payment instructions to us. You will receive additional information during the order process. The payment transaction will be carried out by SOFORT and debited to your account directly thereafter.
The goods shall remain our property until full payment is made.
For business, the following applies additionally: We reserve ownership of the goods until complete settlemenet of all claims arising from a current business relationship. You may resell reserved goods in ordinaty business operations; you shall assign any claims arising from this resale-irrespective of connecting or mixing of the reserved goods with a new item- in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorise to collect the claims; however, we may likewise collect the claims ourselves, should you fail to fulfil your payment obligations.
7. Damage during delivery
Applicable to businesses:
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleiute" as defined by the German Commercial Code (HGB) are sunject to the inspection and notification requirements sewt out in § 377 HGB. The purchaser must examine the goods immediately after their delivery ba the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice there of to the vendor. Should you fail to comply with the instruction set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
8. Warranty and guarantees
The statutory warranty law applies. Information on any applicable additional warranties and their exact conditions can be found with the product and on special information pages in the online shop..
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents.
- for injury to life, limb or health
- for deliberate or grossly negligent breach of duty
- for guarantee commitments, where agreed
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fullfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount determined at the time of conclusion of the contract foreseeable damage, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
10. Online dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at https://ec.europa.eu/consumers/odr/.
11. Final provisions
If you are a business, Austrian law applies, to the exclusion of the UN Sales Convention..
If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office..