Terms and Conditions

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Granting of Usage Rights for Digital Content
Retention of Title
Liability for Defects (Warranty)
Liability
Special Conditions for Processing Goods According to Customer Specifications
Special Conditions for Assembly/Installation Services
Redemption of Promotional Vouchers
Redemption of Gift Vouchers
Applicable Law
Jurisdiction
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “T&Cs”) of Xanadu Evolution e.K. (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms is hereby rejected, unless otherwise agreed.

1.2 These T&Cs also apply to contracts for the delivery of vouchers unless otherwise stipulated.

1.3 These T&Cs also apply to contracts for the provision of digital content unless otherwise stipulated. Digital content within the meaning of these T&Cs refers to data created and provided in digital form.

1.4 A consumer within the meaning of these T&Cs is any natural person who enters into a legal transaction for purposes that predominantly are not related to their commercial or independent professional activity.

1.5 An entrepreneur within the meaning of these T&Cs is a natural or legal person or a partnership with legal capacity that acts in the course of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods in the shopping cart by clicking the button that concludes the order process. The Customer may also submit the offer via email, online contact form, or telephone.

2.3 The Seller may accept the Customer’s offer within five days:

By sending a written order confirmation or a confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive, or
By delivering the ordered goods, in which case receipt of the goods by the Customer is decisive, or
By requesting payment from the Customer after the order has been placed.

If multiple of the above alternatives apply, the contract is concluded at the moment when one of the alternatives first occurs. If the Seller does not accept the Customer’s offer within the specified period, this shall be deemed a rejection, and the Customer is no longer bound by their declaration of intent.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 More details on the right of withdrawal can be found in the Seller’s withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of contract conclusion.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery is made within the specified delivery area to the delivery address provided by the Customer.

6) Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated, the Seller grants the Customer a non-exclusive, geographically and temporally unrestricted right to use the provided content exclusively for private purposes.

7) Retention of Title

If the Seller makes advance deliveries, ownership of the delivered goods remains with the Seller until full payment of the owed purchase price has been made.

8) Liability for Defects (Warranty)

Unless otherwise stated, the statutory liability for defects applies.

9) Liability

The Seller’s liability is governed by statutory provisions.

10) Special Conditions for Processing Goods According to Customer Specifications

If the contract includes the processing of goods according to the Customer’s specifications, the Customer must provide the required content in the specified format and ensure that no third-party rights are infringed.

11) Special Conditions for Assembly/Installation Services

If assembly/installation services are included, the Seller or assigned personnel will perform the work at an agreed time.

12) Redemption of Promotional Vouchers

Promotional vouchers can only be redeemed as specified in the respective offer.

13) Redemption of Gift Vouchers

Gift vouchers are redeemable as specified in the respective offer.

14) Applicable Law

German law applies to all legal relationships between the parties.

15) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller’s registered office.

16) Alternative Dispute Resolution

16.1 The European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr

16.2 The Seller is not obligated to participate in a dispute resolution procedure before a consumer arbitration board but is willing to do so.

Table of Contents