General Terms and Conditions XD DESIGN
Article 1 Definitions
1.01 XD DESIGN: XD Connects B.V., having its registered office in Lange Kleiweg 6 2288GK, Rijswijk, the Netherlands and registered with the Chamber of Commerce under file number 27115697.
1.02 Customer: person who has placed an order with XD DESIGN.
1.03 Contract: an order, agreement or contract between XD DESIGN and Customer, including the General Terms and Conditions, where applicable.
1.04 Website: XD DESIGN and all corresponding subdomains.
1.05 General Terms and Conditions: these general terms and conditions.
Article 2 Applicability
2.01 These General Terms and Conditions apply to all offers, contracts and deliveries by xd-design.com through the Website with consumers. Meaning: natural persons not acting in the course of a profession or business, unless otherwise expressly agreed in writing.
2.02 If Customer applies terms and conditions of its own that deviate from these General Terms and Conditions, they will not be binding on XD DESIGN.
2.03 The purchase of XD DESIGN's products by persons acting in the course of a profession or business are subject to the general terms and conditions for business users only, contact via email@example.com.
Article 3 Pricing
3.01 All prices and information on the Website are subject to apparent programming and typing errors.
3.02 All prices shown on the Website are in euro including VAT and all other price components such as packaging, unless explicitly stated otherwise. This will be clarified to Customer during the order process before the binding offer is made as set out in article 4.01.
3.03 The shipping costs, if any, can be found on the FAQ-page; https://www.xd-design.com/faq.
3.04 XD DESIGN may change its prices at any time, but these price changes do not affect a Contract that has already been concluded pursuant to article 4.03.
Article 4 Formation of the Contract
4.01 On the Website the ordering process gives Customer the opportunity to check and adjust any errors before an order is placed. Customer is kindly advised to check the order carefully. By clicking the order button, Customer has made a binding offer.
4.02 XD DESIGN's order confirmation, sent to Customer by e-mail, is considered the acceptance of the offer.
4.03 The Contract between XD DESIGN and Customer is concluded at the time of xd-design.com's order confirmation by e-mail of the order placed by Customer or by dispatch of that order, whichever occurs first.
Article 5 Performance of the Contract/delivery
5.01 Customer’s order will be processed as soon as XD DESIGN has received Customer’s (partial) payment; XD DESIGN strives to send Customer the products as soon as possible.
5.02 The delivery period will be indicated on the Website. If it is not possible to deliver the products within the delivery period mentioned on the website, XD DESIGN will inform Customer hereof as soon as possible. In that case, Customer will have the possibility to terminate the Contract.
5.03 If no delivery period is agreed, XD DESIGN will deliver the products at the latest within 30 days. If XD DESIGN fails to deliver within this period, Customer will be entitled to terminate the Contract after it has given XD DESIGN a notice of default and thereby offered a reasonable period of time for delivery and performance has not been forthcoming within this period.
5.04 If XD DESIGN does not have all ordered products in stock, XD DESIGN may choose to deliver the order in parts.
5.05 XD DESIGN advises Customer to inspect the products delivered and to report any defects found within a reasonable period of time, preferably in writing or by email. See for more information: Article 13. Defects
5.06 As soon as the products to be delivered have been delivered at the delivery address given, the risk in these goods will pass to Customer.
5.07 XD DESIGN may cancel the order – or a part of the order – if its suppliers do not deliver the ordered product(s), without this being due to, caused by or foreseeable for XD DESIGN. If this situation occurs, XD DESIGN will inform Customer thereof. XD DESIGN will also refund any payments, or partial payments in case of a partial cancellation of the order - already made without undue delay.
Article 6 Right of withdrawal
6.01 Customer may terminate a Contract with regard to the purchase of a product during a withdrawal period of 14 days, without giving reasons. XD DESIGN may ask Customer for the reason of the withdrawal, but cannot oblige Customer to give the reason(s).
6.02 The withdrawal period mentioned in paragraph 1 starts on the day after Customer, or a third party designated by Customer who is not the carrier, has received the ordered product, or:
(a) If Customer has ordered several products in the same order: on the day on which Customer or a third party designated by Customer has received the last product. XD DESIGN may refuse an order of several products with a different delivery period, provided it has clearly informed Customer hereof prior to acceptance of the order.
(b) If the delivery of a product consists of various shipments or parts: the day on which Customer or a third party designated by Customer has received the last shipment or the last part;
(c) in the event of contracts for frequent deliveries of products during a certain period: the day on which Customer or a third party designated by Customer has received the first product.
6.03 If XD DESIGN has not provided Customer, as required by law, with the information on the right of withdrawal or the model form for withdrawal, the withdrawal period will end twelve months after the end of the original withdrawal period determined in accordance with the preceding paragraphs.
6.04 If XD DESIGN has provided Customer with the information referred to in the preceding paragraph within twelve months after the start date of the original withdrawal period, the withdrawal period will end 14 days after the day on which Customer received that information.
Article 7 Obligations of Customer during the withdrawal period
7.01 During the withdrawal period, Customer shall handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, properties and functioning of the product. The starting point is that Customer may only use and inspect the product, as he would be allowed to do in a shop.
7.02 Customer may be held liable for the decrease in value of the product that is the result of having used the product in a manner beyond that which is allowed according to paragraph 1.
7.03 Customer will not be liable for any decrease in value of the product if XD DESIGN has not provided him with all the information on the right of withdrawal that he is required to provide by law before entering into the Contract.
Article 8 Exercise of the right of withdrawal by Customer and the costs thereof
8.01 If Customer exercises his right of withdrawal, he shall XD DESIGN thereof within the withdrawal period by using the return form or by contacting +3170-3199967 by phone or in any other unambiguous manner to XD DESIGN using the contact details set out in article 17.
8.02 As soon as possible, however within 14 days as of the day following the notice referred to in paragraph 1, Customer shall send the product back. Customer will in any case have complied with the period within which products must be returned if he sends the product back before the withdrawal period has ended.
8.03 Customer shall send the product back with all accessories delivered along with the product, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions given by XD DESIGN.
8.04 The risk and burden of proof for the correct and timely exercise of the right of withdrawal is on Customer.
8.05 Customer bears the direct costs for sending the product back to XD DESIGN or as instructed by XD DESIGN.
8.06 If Customer exercises his right of withdrawal, all additional related contracts are terminated by operation of law.
Article 9 Obligations of XD DESIGN in the event of withdrawal
9.01 If XD DESIGN enables Customer to give notice of withdrawal in electronic form, it will send an acknowledgement of receipt upon receiving this notice.
9.02 XD DESIGN will repay all payments by Customer for the product(s) sent back, including any delivery costs charged by XD DESIGN if all ordered products are sent back, or ultimately within 14 days following the day on which Customer gives notice of withdrawal. XD DESIGN may wait with the repayment until it has received the product or until the Customer proves that he has sent the product back, whichever is the earliest.
9.03 The repayment is at no additional costs for Customer.
9.04 XD DESIGN will use the same means of payment that Customer used, unless Customer expressly agrees to a different means of payment. The repayment is at no costs for Customer.
9.05 If Customer has chosen a more expensive means of delivery for his original order than the cheapest standard delivery offered by XD DESIGN, then XD DESIGN will not have to repay the additional costs for the more expensive means of delivery.
Article 10 Exclusion of the right of withdrawal
10.01 Customer has no right of withdrawal for the purchase and delivery of products manufactured to the Customer’s specifications that are not prefabricated and are manufactured on the basis of an individual choice or decision by Customer, or are clearly intended for a specific person.
10.02 The right of withdrawal can only be excluded by XD DESIGN if the information that this right is excluded was provided before Customer made an offer or before the Contract was concluded.
Article 11 Payment
11.01 XD DESIGN accepts payments by means of credit cards or online payment systems, such as iDEAL, Klarna, Mastercard, AMEX, Visa, Maestro. All related costs are at the expense of the Client.
11.02 At least 50% of each purchase must be paid in advance. Goods will only be shipped after receipt of the (partial) payment by XD DESIGN.
Article 12 Guarantee
12.01 XD DESIGN guarantees that the products and/or services comply with the Contract.
12.02 The guarantee that XD DESIGN gives, is limited to the guarantee issued by the manufacturer of the products.
12.03 A guarantee issued by XD DESIGN, manufacturer or importer does not affect the mandatory statutory rights and claims that Customer has.
Article 13 Defects
13.01 If the product purchased from xd-connects.com does not work as it should (a "defect");
Customer may be entitled to have this product repaired or replaced by XD DESIGN, or to receive a proportionate reduction of the purchase price. Under certain circumstances, Customer also has the legal right to terminate the purchase. Customer can claim the above rights if the ordered product is not fit for its purpose. However, a product is not unfit for its purpose if a defect is the result of not following XD DESIGN's instruction manual, if provided. Customer must inform XD DESIGN within 2 months after having found a defect. XD DESIGN strives to reply within 30 days.
13.02 If XD DESIGN determines that Customer's complaint is well founded, the product(s) in question will be repaired, replaced or repaid after consultation with Customer. The maximum compensation is equal to the price that Customer paid for the product.
13.03 XD DESIGN has the right to oppose a solution requested by Customer if it is either impossible or unreasonable, for example if the cost of repair exceeds the cost of a new product. If
(i) XD DESIGN is unable to repair or replace the product,
(ii) XD DESIGN refuses the repair or replacement or is unable to carry it out within in a reasonable time,
(iii) the repair or replacement is unreasonable or inconvenient for Customer or
(iv) the repair or replacement is unreasonable for Customer for valid reasons in XD DESIGN's opinion, then Customer may claim a price reduction or termination of the Contract.
13.04 Customer is not allowed to try and to repair the product without the prior written approval of XD DESIGN.
Article 14 Complaints
14.01. Any complaints about the handling of the order and/or the provision of services can be filed through the contact form, https://www.xd-design.com/contact.
14.02 XD DESIGN strives to reply within 14 days.
14.03 If Customer feels that the complaint has not been dealt with or has not been dealt with sufficiently, the complaint can be reported to the ODR platform of the European Committee; http://www.odreurope.com/.
Article 15 Personal data
Article 16 Final stipulations
16.01 These General Terms and Conditions have been drafted in accordance with the European directive for consumer disputes.
16.02 The Contract, and any and all disputes, controversies or claims arising out of or in relation to the Contract and/or any further contracts resulting therefrom, shall be exclusively governed by, and interpreted in accordance with, the laws of the Netherlands, excluding its conflict of law rules. Notwithstanding this choice of law, the Customer is entitled to the protection afforded to him by the mandatory law of his country of residence.
16.03 Insofar as these General Terms and Conditions or mandatory legal provisions do not prescribe otherwise, any dispute that may arise in connection with the Contract will be submitted to the court of Customer’s domicile.
16.04 If a provision of these General Terms and Conditions proves to be void, this will not affect the validity of the General Terms and Conditions.
16.05 For the purpose of these General Terms and Conditions, "in writing" also includes by email. In that case, the version received or saved by XD DESIGN of that message will be regarded as the authentic version, unless Customer is able to prove that this version is not authentic.
16.06 These General Terms and Conditions may be changed by XD DESIGN at any time. Orders are subject to the General Terms and Conditions in force at the time the binding order is made as set out in Article 4.01.
16.07 Applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded.
Article 17 Contact details
17.01 For any questions, complaints or comments XD DESIGN can be contacted by mail through customersupport@XD DESIGN or by mail:
XD Connects B.V.
ATTN: XD DESIGN
Lange Kleiweg 6 2288GK Rijswijk
Version January 2023