Terms and Conditions
On the basis of these General Terms and Conditions (GTC), a contract is concluded between the
Represented by Dr. Stefan Albrecht and Dr. Ralf Berscheid
Address: Stubenrauchstr. 21, 12161 Berlin
Tel: +49 30 555 789 950
Fax: +49 30 555 789 951
Email address: email@example.com
Merchant register: Berlin-Charlottenburg
Merchant register number: HRB 160199 B
VAT identification number: DE296308331
the following contract is concluded:
2. Subject matter of the Contract
This contract regulates the sale of new and used goods and services of Xcelsitas AG. Because of the details of the respective offer, reference is made to the product description of the offer page.
3. Conclusion of Contract
The contract is concluded in electronic business transactions via the shop system or via other means of remote communication such as telephone, fax, e-mail or postal delivery. In this context, the offers presented represent a non-binding invitation to submit an offer through the customer's order, which Xcelsitas AG can then accept.
3.1 The ordering process for the conclusion of the contract comprises the following steps in the shop system:
- Selecting the offer in the desired specification (size, colour, quantity)
- Place the offer in the shopping basket .
- Click the button "Checkout"
- Enter the billing and delivery address .
- Selecting the payment method
- Review and process the order and all entries .
- Confirmation of the terms and conditions and the right of withdrawal with the checkbox "I agree with the above mentioned terms and conditions and order with costs. --- I agree with the above mentioned Terms and Conditions of Xcelsitas AG and order with costs."
- Click the "Place order" button.
- Confirmation email that order has been received.
3.2 In addition to the shop system, orders can also be placed via remote means of communication (telephone/fax/e-mail/mail delivery), whereby the ordering process for the conclusion of the contract includes the following steps:
- Call the order hotline / send the order email .
- Confirmation email that order has been received.
3.3 The contract is concluded with the sending of the order confirmation.
4. Duration of Contract
The contract is concluded for an indefinite period.
5. Retention of Title
Until full payment has been received, the delivered goods remain the property of Xcelsitas AG.
6. Other Reservations
Xcelsitas AG reserves the right not to provide the promised service in the event of unavailability.
7. Prices, Shipping costs, Return costs
All prices are net prices and do not include the statutory sales tax. The sales tax is shown separately when the order is placed. In addition to the final prices, further costs will be incurred depending on the shipping method, which will be displayed before the order is sent. If there is a right of revocation and this right is exercised, the customer shall bear the costs of the return shipment.
Hygiene articles (including surgical masks and FFP2 masks) and diagnostics (including antigen tests, diabetes tests) are excluded from exchange or return.
8. Terms of Payment
8.1 The customer has exclusively the following options for payment: advance bank transfer, invoice on delivery, direct debit, cash on delivery, payment service providers (PayPal, SOFORT), credit card. Other payment methods are not offered and will be rejected.
8.2 The invoice amount is to be transferred in advance to the account specified in the invoice after receipt of the invoice, which contains all details for the transfer and is sent with the delivery, in accordance with the agreed terms and conditions fixed in the invoice.
8.3 The invoice amount will be collected by Xcelsitas AG by means of direct debit on the basis of the customer's direct debit authorisation from the customer's specified account.
8.4 In the case of delivery against cash on delivery, the cash on delivery amount shall be paid in cash to the delivery agent upon delivery, whereby the delivery agent shall charge a cash on delivery fee.
8.5 If a trustee service/payment service provider is used, this enables Xcelsitas AG and the customer to process the payment between themselves. In doing so, the trustee service/payment service provider forwards the customer's payment to Xcelsitas AG. Further information is available on the website of the respective trust service/payment service provider.
8.6 When paying by credit card, the customer must be the cardholder. The credit card will be charged after the goods have been shipped.
8.7 The customer is obliged to pay or transfer the amount shown on the invoice to the account stated on the invoice within 28 days of receipt of the invoice. Payment is due without deduction from the date of the invoice. After the expiry of the payment deadline, which is thus determined by calendar, the customer shall be in default even without a reminder.
8.8 Offsetting against claims of the customer is excluded, unless these are undisputed or legally established.
9. Terms of Delivery
9.1 The goods will be dispatched immediately after confirmed receipt of payment. Dispatch will take place on average after 2 days at the latest. Xcelsitas AG undertakes to deliver at the latest on the 28th day after receipt of the order. The standard delivery time is 7 days, unless otherwise stated in the item description.
9.2 Xcelsitas AG will either ship the order from its own warehouse as soon as the entire order is in stock there or the order will be shipped by the manufacturer as soon as the entire order is in stock there.
9.3 The customer shall be informed immediately of any delays.
9.4 If Xcelsitas AG is not responsible for a permanent obstacle to delivery, in particular force majeure or non-delivery by its own suppliers, although a corresponding covering transaction was made in good time, Xcelsitas AG has the right to withdraw from a contract with the customer in this respect. The customer will be informed of this immediately and any services received, in particular payments, will be refunded.
10.1 If the customer is an entrepreneur, the warranty period for new goods is limited to one year.
10.2 Xcelsitas AG is granted the right to choose between repair or new delivery in the event of subsequent performance if the goods are new and the customer is an entrepreneur. If the customer is an entrepreneur, the warranty for used goods is excluded. If the customer is a consumer, the warranty period for used goods is limited to one year. This does not apply to claims for damages of the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by Xcelsitas AG or its legal representatives or vicarious agents. In all other respects, the statutory provisions shall apply.
11. Contract Drafting
If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon handover, in the case of shipment upon delivery of the goods to the selected service provider for this purpose.
12. Recall of the Text of the Contract
The contract text is stored by Xcelsitas AG. The customer has the possibility to access the stored contract text online. This area is located under the menu item AGBs in the footer of each website. Older versions can be found under the link Older versions.
13. Error correction in the Ordering process
The customer can correct errors in the entry during the ordering process. To do this, they can proceed as follows:
- Use of "Back" Button
- Use the "Edit shopping cart" function.
- Use the "Change" function during the order process under "Your order information" .
- Email to Customer Service.
14. Right of Withdrawal
--- Start of the revocation instruction ---.
Right of withdrawal
As a consumer in the sense of § 13 BGB (German Civil Code), you have the right to revoke this contract within fourteen days without stating any reasons.
The withdrawal period is fourteen days from the day,
- In the case of a contract of sale: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods.
- In the case of a contract for several goods which the consumer has ordered as part of a single order and which are delivered separately: on the day on which you or a third party named by you who is not the carrier has or has taken possession of the last goods.
- In the case of a contract for the delivery of goods in several partial consignments or pieces: on the day on which you or a third party named by you, who is not the carrier, have taken possession of the last partial consignment or piece.
- In the case of a contract for the regular delivery of goods over a fixed period of time: on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods.
When several alternatives coincide, the last point in time is decisive.
Hygiene articles (including surgical masks and FFP2 masks) and diagnostics (including antigen tests, diabetes tests) are expressly excluded from exchange or return.
To exercise your right of withdrawal, you must inform us (Xcelsitas AG, Dr. Stefan Albrecht, Stubenrauchstr. 21, 12161 Berlin, Tel.: +49 30 555 789 950, E-Mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, a fax, or an e-mail) of your decision to withdraw from this contract. For this purpose, you can use the model withdrawal form available online, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to Xcelsitas AG, Dr. Stefan Albrecht, Stubenrauchstr. 21, 12161 Berlin, Tel.: +49 30 555 789 950, E-Mail: email@example.com us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.
--- End of the revocation instruction ---.
15. Customer Service
You can reach our customer service at:
Xcelsitas AG, Stefan Albrecht, Stubenrauchstr. 21, 12161 Berlin, Tel.: +49 30 555 789 950, E-Mail: firstname.lastname@example.org.
Opening hours: weekdays 9:00-17:00.
16.1 Claims for damages by the customer are excluded, insofar as nothing to the contrary results from the following reasons. This also applies to the representatives and vicarious agents of Xcelsitas AG if the customer asserts claims for damages against them.
16.2 Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by Xcelsitas AG or its legal representative or vicarious agent.
17. Prohibition of Assignment and Pledge
Claims or rights of the customer against Xcelsitas AG may not be assigned or pledged without its consent, unless the customer has proven a justified interest in the assignment or pledge.
18. Language, Jurisdiction and Applicable Law
18.1 The contract shall be drawn up in German. The further performance of the contractual relationship shall be in German.
18.2 The law of the Federal Republic of Germany shall apply exclusively. For consumers, this shall only apply insofar as this does not restrict any statutory provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of Xcelsitas AG.
19. Data protection
19.1 In connection with the initiation, conclusion, execution and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by Xcelsitas AG. This is done within the framework of the legal provisions.
19.2 Xcelsitas AG shall not disclose any personal data of the customer to third parties, unless it would be legally obliged to do so or the customer has expressly consented to this in advance.
19.3 If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act shall be complied with.
19.4 The data provided by the customer by way of the order will be processed exclusively for the purpose of contacting the customer within the framework of the execution of the contract and only for the purpose for which the customer provided the data.
19.5 The data will only be passed on to the shipping company that takes over the delivery of the goods according to the order to the extent necessary. The payment data will be passed on to the credit institution commissioned with the payment.
19.6 Insofar as Xcelsitas AG is affected by retention periods of a commercial or tax nature, the storage of some data may last up to ten years.
19.7 During the visit to the Xcelsitas AG Internet shop, anonymised data that do not allow any conclusions to be drawn about personal data and do not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, are logged.
19.8 At the request of the customer, the personal data will be deleted, corrected or blocked within the framework of the legal provisions. Free information about all personal data of the customer is possible.
19.9 For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer may contact the data protection officer at the following address:
Xcelsitas AG, Dr. Ralf Berscheid, Stubenrauchstr. 21, 12161 Berlin, Tel.: +49 30 555 789 950, E-Mail: email@example.com.
20. Severability clause
If individual provisions of this contract are or become invalid or contain a loophole, this shall not affect the remaining provisions. The parties undertake to replace the missing or invalid provision with a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision or fills this gap..
Berlin, 01 July 2022
AGB Version 1.2 - Processing status 01.07.2022