Terms and Conditions

Article 1. General conditions

  1. These General Conditions apply to all offers and agreements, as well as to all transactions derived from them between XOOT B.V. (De vest 34, 5555 XP, Valkenswaard NL, KVK: 72227982 (hereinafter, "XOOT") and you (hereinafter, "the Customer").
  2. These Conditions will apply to XOOT that buy or receive products or services from the Customer.
  3. The application of the terms and conditions of the Customer is expressly excluded.
  4. When any provision of these Conditions is invalid or declared invalid, the remaining conditions will continue to apply without interruption. The Customer is obliged to accept new conditions. As far as possible, these will coincide with the previous invalid or invalid conditions.
  5. When the stipulations of these General Conditions conflict with the stipulations of an agreement, the stipulations of the agreement will prevail.

Article 2. Entry into force of the agreement

  1. All offers made by XOOT are for 30 days, unless otherwise stated in the offer. The offer is based on the information provided by the customer. If this information is found to be incorrect, XOOT may modify the offer and the costs will be borne by the Customer.
  2. All dimensions, weights, illustrations, drawings, technical and / or chemical specifications, types, quantities, composition and qualities included in the offer and / or product information are only approximate.
  3. The agreement will come into effect when the Customer places an order on the website, or when the Customer accepts an offer from XOOT in writing or by phone or when XOOT has actually started the delivery process.
  4. When a change in the agreement results in an increase in costs, these costs will be borne by the Customer.
  5. The Customer cannot derive any rights from any previous offer or advertising material produced by XOOT.

Article 3. Arrangements for deliveries

  1. XOOT will provide as agreed in writing. XOOT may contract with third parties for this purpose.
  2. The agreed delivery date is not a deadline. The delivery period will begin at the time the agreement enters into force, provided the required information has been received.
  3. The risk in the products will pass from XOOT to the Customer at the moment the products are in the possession of the Customer or those assisting the Customer.
  4. The products will be delivered to the address provided by the Customer. The Customer must ensure that the products can be delivered without hindrance and without risk to the address provided.
  5. The Customer must receive the products at the time of delivery. When the Customer refuses to receive the receipt or has not provided information required for delivery, the products will be stored by XOOT at the Customer´s risk. The Customer will bear the additional costs, including in any case the storage costs.
  6. Delivery of the products will be possible after the order date. XOOT can deliver an order consisting of multiple items in two or more shipments.
  7. Delivery costs, including packaging, transport and transport insurance shall be borne by the Customer. These are not included in the prices on the website, but are mentioned separately in the offer.

Article 4. What can you expect from us

  1. XOOT will conduct its business with care, making the best use of its knowledge, experience and understanding. XOOT will act in the best interest of the Customer.
  2. When a delivery schedule is included in the agreement, XOOT will ensure that it is adhered to the extent possible. However, the dates are not considered final deadlines. When the dates do not coincide with the Customer, you must provide XOOT with a reasonable period of at least 14 days to comply.
  3. XOOT will treat all Customer data as confidential, insofar as XOOT knows that it is confidential data.

Article 5. Obligations of the Customer

  1. The Customer must supply XOOT in due time with all the data that XOOT may need to carry out its activities correctly. The customer is responsible for the accuracy of this information.
  2. The Customer is obliged to inspect and verify the delivered products immediately after receipt. Any complaint, defect or breakage must be reported immediately in writing to XOOT (within two days).
  3. Complaints regarding defects and / or breakages must be reported in writing to XOOT immediately after detection (within two days), so that XOOT are in a position to investigate the complaint and to carry out the necessary repairs.
  4. Filing a complaint does not suspend the Customer's payment obligations.
  5. Customer should handle product and packaging carefully during inspection. When the value of the product is reduced due to the way the customer has manipulated it, this loss of value must be reimbursed to XOOT.
  6. The return of products under the delivery conditions for OEM products. The customer must notify XOOT of the return of a product using an RMA request form through the website, and return the product (s) to XOOT as quickly as possible. The original and undamaged packaging must be used. Opened or damaged packages will be rejected.
  7. When the Customer sends again returns on a monthly basis using the method indicated by XOOT, the costs of such returns will be borne by XOOT. If the Customer wishes to use a different method, they will bear the costs.
  8. Once the returned products are received by XOOT, the Customer will use the original payment method.
  9. The following products are not covered by the return policy:

- Products manufactured by XOOT according to the buyer's specifications;

- Products that by their nature cannot be returned;

- Products that can deteriorate or age quickly;

- Products whose price is linked to fluctuations in the financial market over which XOOT has no control;

- Products that are no longer in their original packaging or with obvious damaged packaging.

  1. XOOT may immediately suspend the implementation of the agreement or dissolve it in whole or in part without prior notice to the Customer, when:

- The Customer does not fulfill its obligations established in this agreement.

- When the Customer's business is bankrupt, liquidated or intervened, when suspension of payments or provisional cessation of payments is granted, an arrangement has been made under the Law of Natural Persons, debt management or in the Customer's business is assumed, in whole or in part, XOOT will not be obliged to pay compensation for damages and / or payments.

  1. In all the above cases, all XOOT claims will be immediate.

Article 6. Costs of XOOT products

  1. The costs to be paid by the Customer are established in the agreement in euros.
  2. All costs exclude VAT. Other travel and transportation expenses are not included.
  3. XOOT will have the right to modify prices in accordance with the evolution of prices during the contract period. This will include the following: changes in taxes, levies, wages, social security charges, exchange rates, energy prices or other factors, which imply higher costs for XOOT. Price changes will take effect within one month of your announcement. In the event that the Customer does not accept the cost changes, the Customer may cancel the agreement with XOOT in writing within eight days of the announcement of the change.
  4. When the Customer hasn´t fulfilled all payments and other obligations, XOOT may defer the fulfillment of its obligations until such time as all payments and other obligations of the Customer have been fulfilled.
  5. The Customer understands that the level of costs is associated with the agreement. The costs of additional activities or products will be charged separately.

Article 7. Payment methods

  1. Payment methods are available:

- Payment in advance through the website: when ordering products through the website it can be done immediately after placing the order.

- Late payment on the invoice: if you place an order, XOOT will send you an invoice, which must be paid within 14 days after the invoice date.

  1. When the XOOT make partial deliveries, each partial delivery may be billed separately.
  2. Professional Customers who do not pay within the agreed period will be immediately in default. This interest will be equivalent to the commercial interest determined by law. The Customer must also pay the extrajudicial costs of the collection. These costs will amount to 15% of the capital, with a minimum of € 150.00.
  3. XOOT will have the right to demand the fulfillment of its payment obligations. XOOT will also be entitled to its Payment Terms. This is the financial position or payment record of the Customer.
  4. When the payment is made by credit card. The products will be the address of the credit card holder as indicated by the Customer.
  5. Any objection to paying an invoice must be submitted to XOOT in writing within 14 days of the invoice date.

Article 8. Termination of the agreement.

  1. In the event that the Customer cancels the agreement, The Customer must pay for the costs incurred or other compensation for damages. The "reasonable amount" will be calculated on the basis of the following:
  2. a) In case of cancellation up to 8 days before the start of the work: 3% of the offer price;
  3. b) In case of cancellation more than 1 day but less than 8 days before the start of the work: 5% of the offer price;
  4. c) In case of cancellation 1 day or less before the start of the work: 10% of the offer price.
  5. XOOT may immediately suspend the implementation of the agreement or dissolve it in whole or in part without prior notice to the Customer, where:
  6. a) The Customer does not fulfill its obligations in accordance with the agreement, or does not fulfill these obligations in a timely manner, and / or the Customer refuses to provide guarantor of payments;
  7. b) the Customer's business is bankrupt, liquidated or seized, or the default or provisional cessation of payments is granted, or an arrangement was made under the Law of Natural Persons debt management or in the Customer's business is assumed, in whole or in part or in the event of the death of the Customer.

XOOT will not be obliged to pay compensation for damages and / or payments. When any of these circumstances arise, the Customer will be immediately placed in default.

  1. XOOT will have the right to continue fulfilling the agreement.

Article 9. Use of the website

  1. All prices and rates specified on the website or in XOOT emails does not include VAT and are subject to price changes and programming errors or typographical errors.
  2. The appearance of the delivered products will not necessarily match the product illustrations. Changes in the appearance and packaging of products can occur.

Article 10. Force majeure

  1. Force majeure means that the circumstances are such that XOOT is unable to deliver its products correctly, in a timely manner or at all, without fault on the part of XOOT.
  2. Force majeure include for example the involvement of: fire, theft, vandalism, riots, strikes, sit-ins, disruption of operation, war, storms, situations where work is inaccessible, changes in legislation or deficiencies in compliance by one or XOOT Providers.
  3. In the event of force majeure, XOOT may suspend the execution of the agreement, the agreement or dissolve it in whole or in part, without any requirement to pay compensation for damages.
  4. When the force condition continues for more than 60 consecutive days, the Customer may dissolve the agreement in writing. In such circumstances, XOOT will not have to pay any compensation for damages to the Customer.

Article 11. Retention of property

  1. All products delivered by XOOT will remain the property of XOOT until the moment the full amount has been paid.
  2. Products delivered under retention of title cannot be coded or encumbered in any other way.
  3. In the event that a third party confiscates the delivered products, the Customer must notify XOOT as soon as possible.
  4. Whenever possible, the Customer should insure the items against fire, theft, explosion and water damage. XOOT can inspect the insurance policy upon request.

Article 12. Confidential and personal information

  1. The parties are obliged to maintain confidentiality with respect to all confidential information. This also applies to the Customer's employees and any other party hired by them.
  2. The information will be considered confidential when one of the Parties identifies it as such.
  3. The parties must maintain confidentiality with respect to all confidential information. This also applies to third parties.
  4. The information will be considered confidential when one of the Parties identifies it as such.
  5. As a data controller in the sense, the general data protection regulations (GDPR), XOOT are responsible for the protection of personal information and the use of XOOT is necessary for the correct implementation of the agreement.
  6. Where XOOT processes the Customer´s personal information is done with the utmost propriety and care, and in accordance with the GDPR.
  7. XOOT will not keep the Customer´s personal information for longer than is necessary for the implementation of the agreement.
  8. XOOT will take technical and organizational measures to guarantee an adequate level of security in relation to personal information, taking into account the current technical state and the nature of the processing.

Article 13. Intellectual property rights

  1. Work produced by XOOT may not be published or reproduced without the written permission of XOOT. XOOT has copyright in all works created by them or on their behalf.
  2. The Customer will retain the property or all documents provided to XOOT for inspection.
  3. All intellectual property rights, including copyrights, trademarks and data rights, texts, illustrations, logos, images and photographs on the website, and on the website are owned by XOOT. and / or its licensors. These rights must not be violated, which are tasks for making copies of the website that are not technical copies required for the use of the website.

Article 14. Warranty

  1. XOOT guarantees the correct implementation of the agreed deliveries:

- OEM products: 12 months;

- Non-OEM products: 6 months.

The brands that are included in the categories can be identified through the XOOT website.

  1. When XOOT recognize that they were delayed in delivering a product, XOOT will have the right to replace the product in question or to deliver the missing items, within a reasonable period of notification from the Customer of the defect to XOOT. Where XOOT delivers the right to request compensation for damages.
  2. Additional guarantees can be arranged with XOOT if desired. These are detailed in the written warranty statement.
  3. The guarantee will not apply in case of force majeure.
  4. A guarantee will be provided with all financial and other obligations. All claims under the warranty will expire when the products delivered by XOOT have been handled and / or economically processed by the Customer. No warranty will apply in case of normal wear and tear.

Article 15. Assignment of responsibilities

  1. XOOT wishes to provide its services in the best possible way based on its knowledge and ability. XOOT cannot guarantee that a desired result will be achieved.
  2. XOOT is not liable for damages, even when such damages are directly or indirectly related to delays or cancellations.
  3. XOOT may be covered a commercial liability insurance for any event related to such damages.
  4. Damages or damages to businesses and / or stagnation, consequential damages, loss of income and / or profits, loss of products or loss of value or products are excluded from compensation.
  5. When a third party claims compensation for damages from the Customer, such claims may not be transferred to XOOT.
  6. The information on the XOOT website is compiled and updated with care and attention. However, it is not always possible to avoid all mistakes. No rights of any kind can be presented on the website. XOOT will accept no responsibility for damages of any kind resulting from the use of the website or from an incomplete and / or inaccurate information provided, and / or damages resulting from the temporary or permanent unavailability of the website.
  7. XOOT will not be responsible for the photographs, descriptions or other instructional materials published on the website.
  8. All liability on the part of XOOT will expire if no claim is made for the wording of the alleged defect within one month of its discovery.

Article 16. Amendments to these General Conditions

  1. XOOT can modify the General Conditions at any time, without prior notice.
  2. XOOT may announce any modification to these General Conditions by posting a notice on the website or in any other way. Therefore, it is recommended that customers visit the website from time to time checking the General Terms area. The amendments will also apply to agreements already made.