TERMS & CONDITIONS / PRIVACY POLICY

TERMS OF USE

§ 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.

CANCELLATION POLICY

Cancellation rights
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,

the
XiVero GmbH
Merowingerplatz 1
40225 Düsseldorf
info@xivero.com

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:

XiVero GmbH
Merowingerplatz 1
40225 Düsseldorf
info@xivero.com

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
Warenumtausch/-rückgabe
Merowingerplatz 1
40225 Düsseldorf
info@xivero.com

I hereby withdraw from the contract agreed to by myself for the purchase of the following items:
________________________________________
Name:

________________________________________
Address (only required by paper form):

________________________________________
Date

________________________________________
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.
If, notwithstanding the other provisions of these Terms of Use, XiVero is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, XiVero’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

§ 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.

DISCLAIMER:
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

 

PRIVACY STATEMENT

We’re pleased about your interest in our website. Protecting your privacy is very important to us. We advise you that internet-based communication has security vulnerabilities; comprehensive protection against access by third parties is impossible. 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 i.a. with your IP address, see also “Server Data”.
Personal data is only collected if you voluntarily provide us with it, while opening a customer account or placing a order in our online shop. We use the personal details you’ve shared to complete your order. As a customer, your information is used and saved for contract-completion and our own advertisement purposes.

We are asking for the following data while you place a order:

  • Name
  • Address (Street, Zipcode, City, Country)
  • E-mail address

Additional data like company name and phone number are optional.

Registration Function

On our site, we offer you the opportunity to register for the purpose of a customer account. The data entered as part of registration, which can be seen in the entry screen of the registration form, is gathered and saved exclusively for the use of our offering. By registering on our website, we will also save the date and time of your registration. This will serve as a safeguard on our side in the event that third parties misuse your data and register on our website using your data without your knowledge. This information is not disclosed to third parties. Data gathered in such a way is not matched with data that may have been acquired through other components of our website.

Regarding the use of your personal information under the customer account, you will be asked to give your consent as follows:

“I hereby agree that for future order processes as well as for the administration of the customer relationship my previously specified personal data are stored and used for the afore-mentioned purposes. I have the opportunity at any time to revoke this consent by sending a message to SPL electronics GmbH.”

You can terminate the registration at any time for the future by sending a message to us.

Contact options

On our website, we offer you the opportunity to contact us by email and/or via a contact form. In this case, the details provided by the user will be saved for the purposes of processing their contact request. This information is not disclosed to third parties. Data gathered in such a way is not matched with data that may have been acquired through other components of our website.

 

The use of cookies

In our website and online shop, we used so-called cookies. Cookies are small text files that your browser files and stores on your computer.

These are primarily cookies which enable our website to remember the sites you visit while on our website (e.g. going through the ordering process in several steps where the entries in the previous steps need to be transferred over). This is particularly required in order to be able to use the shopping basket function on our website. These cookies are deleted once you close your browser. No personal information will be gathered.

You can prevent the installation of cookies by using the appropriate setting on your browser software; however we would point out that if you do this, you may not be able to use all functions of our website to their full extent.

Distribution of personal information

Your personal data will not be transferred to any third party, unless they are necessary to complete your payment. In order to complete payments, we pass on your payment details to the relevant banking institution.

Data Protection

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.

Server Data

For technical reasons relating to communications and security, when you visit our website, the following data (amongst others) will be provided to us/our web space provider by your Internet browser. (server log files):

  • Browser type and version
  • Operating system used
  • Websites that you visit
  • Date and time you accessed the site
  • Your Internet protocol (IP) address

Your data will be deleted automatically after 7 days latest.

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, transfer, inhibit, cancel or revoke any granted permissions. Please contact:

XiVero GmbH
Merowingerplatz 1
40225 Düsseldorf
info@xivero.com

Data protection official: Mr Lars Inger (dsb@xivero.com)
Substitute: Mr Stephan Hotto (dsbv@xivero.com)