§ 1 VALIDITY
For any business relationship between the XiVero GmbH, following named XiVero and the customer starting from 09.08.2015 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.
The customer recognizes the exclusive validity of XiVero’s General Terms and Conditions for the entire business relationship. XiVero will not recognize any different conditions of the customer unless the management of XiVero has expressly agreed in writing to their validity. If the customer enters into a business relationship with XiVero by using the website, he/she recognizes the General Terms and Conditions as the basis for the entire business relationship between the customer and XiVero.
§ 2 CLOSURE OF PURCHASE CONTRACT AND CANCELLATION
The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the button ‘Buy now’, you are making a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order.
You have the possibility of making the purchase contract in German or English. The ordering and transaction language may also be either German or English. We will store the text of the contract and will send you the order details by e-mail. You may consult previous orders in your customer account, provided that you have registered with us.
If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately.
XiVero reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
You have the right to cancel this contract within 14 days without stating any reason. The statutory cancellation period is 14 days starting from the day when you or a third party, who is not the carrier, has taken possession of the items or, in the case of part deliveries, the final item.
This cancellation rights must be exercised by informing us,
by means of an unequivocal declaration (e.g. by a letter sent by post, fax or e-mail) of your decision to cancel this contract. To this end you may use the standard cancellation form. However, this is not obligatory.
To observe the cancellation period it is sufficient for you to send the statement of your wish to exercise your cancellation rights before the expiry of the cancellation period.
The European Commission provides a platform for an Online Resolution Dispute for consumer disputes, which is available on http://ec.europa.eu/consumers/odr/. Customers will have the possibility for the settlement of a dispute.
Consequences of cancellation
If you cancel this contract, we have to return to you any payments which we have received from you, without delay and at the latest within fourteen days from the day on which notice of your cancellation of this contract was received by us. For this repayment we shall use the same means of payment you employed for the original transaction, unless expressly agreed otherwise with you; on no account will you incur any financial charge on our part on account of this repayment.
We may refuse any repayment until we have received back the goods or until you have provided proof that you have sent back the goods depending on whichever is earlier.
You must send back or hand back the goods without delay, and in any case at the latest within fourteen days from the day you informed us of the cancellation of this contract, to:
The time limit is observed if you dispatch the goods before the end of the fourteen day period.
If you are unable to restore or return to us anything provided for service or usage (e.g. benefits of use) or can only do so in part or in a deteriorated condition, you must provide appropriate compensation. For the deterioration of the material and for usages made you must only provide compensation in as far as the usages or the deterioration are the consequence of employing the material in a way that goes beyond its tested features and functioning.
The cancellation right does not exist in the case of the following contracts unless the parties have agreed otherwise:
Contracts related to the delivery of digital goods and downloads, as soon as the contract is executed, which means after the payment was executed and the license key sent via email.
The place of delivery for company business is our company location.
Cancellation form example:
To XiVero GmbH
I hereby withdraw from the contract agreed to by myself for the purchase of the following items:
Address (only required by paper form):
END OF CANCELLATION POLICY
§ 3 DELIVERY
Should nothing different be requested by the customer then the delivery address or rather the email address entered by the customer will be used. The delivery of digital goods will be fulfilled directly after the payment was done via license keys. License keys and invoice will be sent via email directly after the payment was done. The customer takes over the risk once he/she takes possession of the item.
Delivery and service delays due to acts of God are not the responsibility of XiVero. Such events give XiVero the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions.
In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay. Deliveries are made worldwide.
§ 4 PRICES AND PAYMENT TERMS
The prices specified on XiVero’s website at the time when the order is placed are applicable. All the prices specified are final prices including the VAT according to the customers country, subject to obvious pricing errors. Packing and shipping costs and any statutory charges in the destination country shall be additionally charged, if applicable.
XiVero accepts all the payment methods offered on its website in the ordering process. The customer shall select the payment method it prefers itself. There are no additional costs for chosen payment method for the customer.
The payment option PayPal payment is in accordance with the general terms and conditions of PayPal (Europe) S.a.r.l. & Cie, S.C.A.
The payment option Pay with Amazon is in accordance with the general terms and conditions of Amazon Payments Europe S.C.A.
§ 5 PROPRIETARY RIGHTS
All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of XiVero.
§ 6 LIMITATION OF LIABILITY
Except where prohibited by law, in no event will XiVero be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if XiVero has been advised of the possibility of such damages.
§ 7 LINKS AND REFERENCES
The links to outside pages made by XiVero are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. XiVero does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
§ 8 INFORMATION OBLIGATIONS
On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, the customer is obliged to inform XiVero of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then XiVero may withdraw from the contract, in as far as such a contract has been made.
§ 9 APPLICABLE LAW AND JURISDICTION
German law applies.
In all legal matters German law, excluding any of its reference provisions and the UN sales law, applies exclusively to all legal dealings between XiVero and the customer, in as far as this is legally permissible.
§ 10 DATA PROTECTION
All data collected by us will be used and processed exclusively within the framework of the current data protection laws in accordance with our data protection regulations.
§ 11 SEVERABILITY CLAUSE
Should certain terms of the current contract be ineffective or impracticable or after contract closure be ineffective or impracticable, then the validity of the remaining provisions of the contract still remains unchanged. Practical and effective provisions, the effects of which will come closest to fulfilling the commercial goals pursued by the contracting parties through the ineffective and/or impracticable provisions, will replace the ineffective or impracticable provisions. The provisions above also apply in the case that the contract is incomplete.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Latest update: 09.08.2015
We’re pleased about your interest in our website. Protecting your privacy is very important to us. In the following, we will provide a detailed account of how we deal with your information.
Acquisition, processing and utilization of personal data
You can visit our website without submitting any information about yourself. We simply save access data to analyze and improve our offers and do not permit any connection to your person.
Personal data is only collected if you voluntarily provide us with it, while opening a customer account or registering for our newsletter. We use the personal details you’ve shared to complete your order. As a customer, your information is used for contract-completion and our own advertisement purposes. When you separately sign up for our newsletter, your email will be used for our own advertisement purposes until you opt out of the newsletter. You can opt out at any time without charge (not taking into account internet provision costs) by clicking “unsubscribe” at the end of any newsletter.
Distribution of personal information
Your personal data will not be transferred to any third party. In order to complete payments, we pass on your payment details to the relevant banking institution.
Right to information
You have the right to gratuitous information (per e-mail) regarding your personal and saved data, as well as the right to correct, inhibit, cancel or revoke any granted permissions. Please contact:
During the ordering process, your personal information is encoded via “Secure Socket Layer” (SSL) and transferred through the Internet. We use both technical and organizational measures to secure our website and systems against data loss, destruction, access, manipulation or distribution by unauthorized persons. Access to your customer account is only possible by entering your personal password. Please keep your login details confidential at all times and always close your browser window once you have finished communicating with us, especially if you are using a shared computer.
Notice about E-mail advertisements
By separate registration for our newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time by clicking on the “Unsubscribe” link at the end of a newsletter, with no additional charge to the base tariffs of your Internet provider. As a newsletter subscriber, we will regularly send you carefully selected offers on related products from our online shop by e-mail. Your e-mail will not be given to other organizations. You can object to the use of your e-mail address for advertising purposes at any time by a simple unformatted e-mail, without incurring any additional costs to those of your Internet service provider.
Use of Facebook Social Plugins
This website uses so-called Social Plugins (“Plugins”) by the social network Facebook, which is run by the Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The Plugins are identifiable by a Facebook logo or the additional phrase “Social Plugin by Facebook” or “Facebook Social Plugin”.
An overview of the Facebook Plugins and how to recognize them is available here:
When you open up a page on our website that contains such a plugin, your browser will create a direct connection with the Facebook servers. The contents of the plugin will be transferred directly to your browser and incorporated into the website you are viewing.
By using these plugins, Facebook receives notice that your browser has initiated the relevant page on our website, even if you do not own a Facebook account or are not currently logged in to your Facebook account. This information (including your IP address) is transferred straight from your browser to a Facebook server in the USA and saved there.
When you are logged into Facebook, Facebook can directly assign your visit to our website to your Facebook account. When you interact with these plugins, for example by clicking on a “like” button or by submitting a comment, this information is also directly transferred to a Facebook server and saved there. This information is then also automatically published on Facebook and displayed to your Facebook friends.
Facebook can use this information for advertising purposes, market research and to tailor the appearance of Facebook pages to a specific user. To do this, Facebook creates profiles for usage, interests and connections. For example, this could be used to rate the usage of our website on account of Facebook adverts, to notify other Facebook users of your actions on our website and for other services that are associated with the use of Facebook.
If you would not like Facebook to associate the data collected from your visit to our website with your Facebook account, you need to log out of Facebook before visiting our website.
Use of Google Analytics
This website uses Google Analytics, a website analysis service provided by Google Inc. (“Google”). Google analytics uses so-called “cookies”, in the form of text files saved to your computer in order to enable an analysis of your use of the website. The information generated by the cookie about your use of this website is normally transmitted to a Google server in the USA and stored there. In the case of the IP-anonymization on this website being activated, your IP address will however be shortened by Google beforehand within the member states of the European Union or in other signatory states to the European Economic Area Treaty. Only in exceptional cases will the complete IP address be transmitted to a Google server in the USA and shortened there. Acting under the authority of this website operator, Google will use this information to evaluate your use of the website, to compile reports about the website activities and to provide further services for the website operator linked to the use of the website and the internet. The IP address transmitted from your browser within the parameters of Google Analytics will not be merged with other Google data. You are able to prevent the storage of the cookies by appropriate adjustment of your browser software. However, we should point out to you that in this case you may be unable to use the full range of functions of this website.
Furthermore you can prevent the collection by Google of the data (including your IP address) created by the cookie and relating to your use of the website, as well as the processing of these data by Google by downloading and installing the browser plug-in which is available through the following link: http://tools.google.com/dlpage/gaoptout?hl=en
Links to other websites
On our website, you will also find links to other websites. We specifically do not hold any kind of liability for the accuracy, completeness, legality, objectivity and timeliness of the contents of these websites.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.