Terms & Conditions

Xcitizm.com

DM International Trading e.K
Dejan Milenkovic

Hafenweg 13
48155 Münster
Germany

Tel: +49 0251 - 287 55 91
Fax: + 49 0251 - 287 55 98
Mail: info@Xcitizm.com

Commercial Registration Number : 8350
Registered at : County Court Muenster

Sales Tax Identification Number: DE 234 388 391

I. General Terms and Conditions
1) In its online shop (www.Xcitizm.com), DM International Trading e.K (hereinafter called “Xcitizm”) offers primarily clothes. The goods offered are, in their large majority, new and unused.
2) The General Terms and Conditions apply to the entire business connexion as entered at www.Xcitizm.com by the customer and Xcitizm
3) A “customer” in the context of these Terms and Conditions can be a consumer as well as a businessperson. A consumer is an individual entering a transaction for non-commercial or non-business purposes. Businesspersons are individuals or legal persons or business partnerships entering transactions for commercial or business purposes.

II. Formation of Contract
1) The offers made in the online shop for products and services are non-binding and are to be understood as summons to the customer to make a binding offer from his side.
2) Upon making his order, the offer made by the customer becomes binding. An order confirmation will be sent to him without delay. The order confirmation is not to be understood as the declaration of acceptance, but can be combined with a declaration of acceptance.
3) Xcitizm is entitled to accept the customer’s offer within three working days upon receipt. Xcitizm can confirm the acceptance to the customer explicitly or implicitly by dispatching the goods.
4) Xcitizm does not assume exercise risk, i.e. the formation of contract is subject to limited or no liability in case of improper delivery from the side of the supplier. Xcitizm’s liability is limited according to No. 9 of these Terms and Conditions. Xcitizm shall notify the customer if a product or service is not or partially available. Services or payments rendered by the customer will be refunded with no delay if s/he wishes to step back from the contract.

III. Prices, shipping and handling
1) All prices stated in the online shop are in GBP and include taxes. Additional taxes or duties might be payable in case of transnational and inter-community delivery. These are to be borne by the customer.
2) Unless expressly agreed otherwise, all prices exclude packing, freight, postage and insurance. On dispatching the articles, whether it be national or international delivery, additional shipping and handling costs incur and are to be borne by the buyer. The total amount depends on the individual details of the offer and guidelines for its calculation can be provided by the online shop.

IV. Conditions of Payment
1) All options for payment, in particular the bank transfer option, that are stated in the online shop are at the customer’s disposal.
2) The customer shall pay the amount due net at the latest 3 days upon receipt of the first demand for payment. Otherwise the customer defaults. The applicable date is the date of receipt of the incoming payments at Xcitizm.
3) Should the customer be a consumer, Xcitizm will charge default interest amounting to 5 % above the basic rate. Should the customer be a businessperson, Xcitizm will charge default interest amounting to 8 % above the basic rate.
4) Xcitizm is entitled to compensation for any additional, verifiable damage caused by delay.
5) The customer is entitled only to charge up against accounts that have been agreed upon or have been declared legally binding.
6) The customer is entitled to lien only if his counterclaim originates from the same contractual relationship

V. Terms of Delivery and Dispatch, Retention of Title
1) Unless explicitly agreed otherwise, the delivery of goods is carried out against payment in advance and via dispatch, i.e. the goods will not be dispatched until the total amount due including possible charges for delivery and dispatch have been received at Xcitizm.
2) If just and bearable for the customer, partial deliveries are admissible.
3) The customer is responsible for providing a correct and complete address for delivery upon placing his order. Should the address provided by the customer be incorrect and should, as a result, additional dispatch charges incur, for instance resulting from redispatch, the additional costs are to be borne by the customer.
4) If the customer is a consumer, the risk of haphazard loss of the goods and the risk of haphazard deterioration of the goods devolve to the customer on delivery. If the customer is a businessperson, the risk of haphazard loss of the goods and the risk of haphazard deterioration of the goods devolve to him on handover of the goods to the person responsible for their transport. These regulations also apply in case of default of acceptance.
5) Xcitizm remains owner of the goods until complete payment. Should the customer be a businessperson, Xcitizm remains owner of the goods until all claims resulting from the business relation have been met by the buyer.

VI. The Customer’s Right to Return
According to the regulations for distance selling contracts, customers are entitled to return their purchases in accordance with the following instructions.

The customer is entitled to return his purchases without giving reasons within one week by sending them back. The respite begins at the earliest on receipt of goods and by providing these instructions in writing. The customer is entitled to declare his wish to return the goods in writing (letter, fax, e-mail) . To comply with the term, the goods or the declaration of the wish to return the goods must be duly dispatched. In any case, the costs and the risk of the return are assumed by the customer. The address for returns is:

Xcitizm.com
DM International Trading e.K.
Dejan Milenkovic

Hafenweg 13
48155 Münster
Deutschland

Fax: +49 0251 - 287 55 98
Email: info@Xcitizm.com

In accordance with § 312 d Abs. 4 BGB (German Civil Code), the customer is not entitled to return his purchases if the goods have been custom-built according to customer specifications or if the goods are unambiguously tailored to the customer’s needs or if CDs, DVDs or other audio and/or video recordings or software have been unsealed by the consumer. Newspapers and magazines cannot be returned.

In case of a valid return, the services and payments rendered by either contracting party are to be refunded (without transportation). Advantages resulting from the use of the services and payments rendered are to be refunded. If the goods are deteriorated, a compensation can be demanded. This does not apply to deteriorations that could have been detected by the customer in a retail shop. The customer can avoid the obligation to compensate deteriorations if s/he does not use the goods and forbears from actions that impact on the goods’ value.

VII Notification of damages in transit
On delivery of the goods, the goods shall be checked for their completeness and intactness. If evident damage can be found, the transport company and Xcitizm shall immediately be notified. If the damage is found on unpacking the goods and if this damage could not have been noticed before, either Xcitizm shall be notified within 5 days or the transport company shall be notified within 7 days. This regulation does not infringe the customer’s rights according to No. VIII of these terms and conditions.

VIII Warranty and Objections
1) In case of damage caused by improper use or treatment of the article, no warranty is provided. This also applies to damage caused by wearout.
2) Consumers generally qualify for amendments in case of deficient goods. The customer can choose between amending the deficiency and exchanging the articles by non-faulty ones. Xcitizm is entitled to refuse amending the good if this would cause disproportional costs.
3) If the amendment does not result in improvement, the customer can claim a reduction of the price according to legal requirements, he can also step back from the contract or claim damages or compensation for his necessary expenditures. In case of damages or compensation for expenditures, Xcitizm is liable in accordance with No. IX of these terms and conditions.
4) If the customer is a businessperson, s/he has to communicate evident flaws to Xcitizm within 14 days. Otherwise, s/he is not entitled to any warranty. The flaws must be communicated in writing (letter, fax or e-mail) to Xcitizm. To meet the deadline, it is important to dispatch the communication on time.
5) If the businessperson is entitled to warranty, the customer can choose to either have the goods amended or replaced by Xcitizm.
6) The statutory period of limitation for new goods is six month for consumers and three month for businesspersons and starts on delivery of the goods. This does not apply if Xcitizm is liable according to No. IX of these terms and conditions or if a third person is entitled to have the goods handed over.
7) If used goods have been sold and the customer is a consumer, the warranty period expires after one year (from the delivery of the goods). This expiration does not apply if Xcitizm is liable according to No. IX of these terms and conditions or if a third person is entitled to have the goods handed over.
8) Businesspersons are not entitled to warranty as far as used goods are concerned. This also applies for flaws occurring after the conclusion of the contract but before the transfer of risk. This does not apply if Xcitizm is liable according to No. IX of these terms and conditions or if a third person is entitled to have the goods handed over.
9) The customer is not entitled to remedy deficiencies himself or by third persons without Xcitizm’s explicit agreement. There will be no compensation for expenditures resulting from these removals.

IX Liability
1) According to legal requirements, Xcitizm is liable without restriction for damage of life, body and health resulting from negligent or deliberate breaches of duty and for any other damage resulting from negligent or deliberate breaches of duty and deceitfulness. Moreover, Xcitizm is liable without restriction for damage according to obligatory legal requirements.
2) Xcitizm is liable for damage caused by slight negligence if the negligence occurred in relation to Xcitizm’s contractual duties that are significant to the compliance of the contractual purposes. (Cardinal duties). Nevertheless, in this case, the liability is limited to the contractual, predictable average damage.
3) For consumers: In case of slight breaches of duty in relation to nonessential contractual duties, Xcitizm is liable within the limits of contractual, predictable, average damage.
4) Any further liability is excluded.

X. Place of Jurisdiction, Legal Domicile
1) The business relation is subject to German Law. For consumers purchasing goods for non-commercial or business purposes, this only applies if the application of German law does not infringe legal protection granted to the consumer by the country s/he has his/her habitual abode.
2) The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
3) If the customer is a business person, a legal person of public law or public fund assets, the place of jurisdiction and the legal domicile for all disputes arising from the contractual relationship is Xcitizm’s address of record. The same regulation applies if the customer, who is a businessperson, does not have a legal domicile in Germany or if his/her habitual abode in unknown on institution of legal proceedings. The general authorization to invoke the law somewhere else is not infringed by this regulation.

* All prices are inclusive of VAT (19%) but exclusive of delivery charges (unless otherwise indicated).