Terms of service

§ 1 Scope
The following general terms and conditions (hereinafter “Terms and Conditions”) provide the exclusive basis for everything between xurybands (“xurybands.com”) and you, the ordering customer (“orderer”), via the online information available at www.xurybands.com. Shop constitutes legal relationships.
Differing conditions from the customer will not be recognized unless xurybands.com expressly agrees to their validity.

§ 2 Contractual partners
The customer's contractual partner is:

xurybands, Kamill Kowalenko, Am Boirenbusch 2, 59192 Bergkamen, Germany
Telephone office: 01789216108
Support Center Email: xurybands@gmail.com
Do you have any questions about your order? Then please contact our furmular contact.

Legally represented by the managing director: Kamill Kowalenko

VAT identification number: DE354245833

§ 3 Conclusion of contract
The presentation of the products in the online shop does not represent a legally binding offer, but rather a non-binding online catalog.
You can select individual items from this range and collect them in a so-called shopping cart by clicking on the red button with the price. By clicking the “Order with payment” button, you place a binding order for the goods contained in your shopping cart.
The order can only be placed and transmitted if the customer has accepted these contractual conditions by clicking on the box “I confirm that I have read the following: Cancellation form and general terms and conditions” and thereby included them in his order.
Confirmation of receipt of the order takes place automatically immediately after sending the order by email, in which the order is listed again and which the customer can print out using the “Print” function (confirmation of receipt). The confirmation of receipt simply documents that the order was placed with xurybands.
com has been received and does not constitute acceptance of the contract.
A contract is only concluded through xurybands.com's declaration of acceptance, which is sent with a separate email (contract confirmation), but at the latest when the order is shipped or picked up in the store. In the confirmation of receipt,
Contract confirmation or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, general terms and conditions and order confirmation) will be sent to the customer by xurybands.com on a durable medium (email or paper printout). The contract text is stored in compliance with data protection.
The final contract is in German.
All products are only sold in normal household quantities. This applies both to the number of products ordered within one order and to placing multiple orders for the same product, where the individual orders contain a standard household quantity
.
§ 4 Right of withdrawal
Right of withdrawal

You have the right to cancel a contract concluded via our online shop at xurybands.com within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier
have or has taken possession of the goods. In the case of a sales contract for several goods that you ordered as part of a single order and which we delivered to you separately, the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier ,
have or have taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us (xurybands Germany, Am Boirenbusch 2, 59192 Bergkamen, Germany, telephone number: 01789216108, email: xurybands@gmail.com) by means of a clear statement (e.g. a letter sent by post, fax or e -Email) about your decision,
to revoke this contract. You can use the sample cancellation form provided to you, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation
If you cancel a contract concluded through our online shop at xurybands.com, we will refund to you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a different method of delivery). delivery than that offered by us,
have chosen the cheapest standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used in the original transaction, unless
something different has been expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of your cancellation of the contract. The deadline is met if you send the goods before the fourteen day period has expired.
You bear the direct costs of returning the goods. If the goods cannot be returned normally by post due to their nature and have been delivered to the purchaser's home at the time the contract is concluded, we will collect the goods at our expense.
You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal

The right of withdrawal does not exist or expires in the case of distance selling contracts.
To deliver audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
For the delivery of newspapers, magazines or magazines with the exception of subscription contracts.
In the case of a contract for digital content that is not on a data carrier,
if we have made it available for use and you have acknowledged and expressly agreed before making it available that we can carry out the provision and that you will lose your right of cancellation if it is made available in full
When contracting xurybands voucher cards.
These cannot be redeemed for cash, resold or otherwise exchanged. The xurybands voucher card code will not be replaced if it is lost or stolen or used for other purposes without your consent. In addition, it is only valid for one-time redemption.
Notice
Game consoles must be returned in the sealed packaging, as the warranty on these products begins from the moment they are first switched on and connected online and therefore, if the packaging is opened, the product can no longer be resold as new. Other products, such as collectible figures (e.g.
Funko Pop), trading cards, board games and products containing coupons, codes or redeemable digital content must be returned in the packaging while it is still sealed, as the figures and cards are not collectible if opened and the other products are not resellable as new,
as the integrity of their contents cannot be guaranteed. However, if such products are returned opened or unsealed, we will require compensation equal to the purchase price of the product. You are only liable for any loss in value of the goods that results from something other than the determination of the quality,
Characteristics and functionality of the goods results in the treatment required.

§ 5 Extended return guarantee
Regardless of your legal rights, xurybands.com offers you the following voluntary return guarantee:

All products that you have ordered from xurybands.com,
can be returned to us after the statutory cancellation period has expired within 14 days of delivery, provided the goods are complete and in unused and undamaged condition.

The goods must be returned to the following address:

Kamill Kovalenko
Am Boirenbusch 2
59192 Bergkamen
Germany
In the event of a return in compliance with the conditions stated in this § 5, we will refund you the purchase price you have already paid, but not the shipping costs. You bear the transport risk.
This return guarantee does not limit your legal rights and therefore does not limit your right of withdrawal according to Section 4 of these General Terms and Conditions.

§ 6 Delivery
The delivery period is 5 working days, unless otherwise agreed. It begins with the conclusion of the contract. Unless otherwise agreed, delivery takes place from xurybands warehouse.
com to the delivery address specified by the customer.
Goods marked with “FSK 18” or “USK 18” in the product description can only be returned upon delivery by the person who ordered the goods in person by presenting an ID card with a photo issued by an authority that contains the buyer’s registration address (e.g. identity card).
be accepted. This product cannot be handed over to an authorized representative or delivered to a packing station. There are additional shipping costs of EUR 5.00 for the age verification process.
If the selected product is permanently unavailable at the time of ordering, xurybands reserves the right to do so.
com reserves the right not to accept the order for the goods, so that no contract is concluded. The purchaser will be informed of this immediately. Payments already made will be refunded to the customer immediately.
If the product specified in the order is only temporarily unavailable, xurybands will inform you.
com will immediately inform the purchaser of this in the contract confirmation. If delivery is delayed by more than two weeks, the customer has the right to withdraw from the contract. In this case xurybands.com is also entitled to withdraw from the contract. Any payments already made by the customer will be refunded immediately.
If delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer cannot be found at the delivery address specified by him, even though the delivery time was announced to the customer with a reasonable amount of notice ,
the customer bears the costs for the unsuccessful delivery.
§ 7 Prices and shipping costs
The prices listed in the offer at the time of ordering apply. The prices stated are final prices, which means they include the applicable German statutory sales tax and other price components.
For orders over EUR 49.99, xurybands.com delivers free of charge. This does not apply to express shipping and shipping with age verification. The corresponding shipping costs are stated in the order form and are to be borne by the customer,
unless the purchaser makes use of his right of withdrawal in accordance with Section 4 of these General Terms and Conditions. For details, please refer to our shipping and delivery conditions.
§ 8 Due date and payment, default
The customer can pay the purchase price by credit card, PayPal or GiroPay. If the customer defaults on payment, xurybands.com is entitled to
to demand default interest of 5 percentage points above the base interest rate per annum announced by the European Central Bank. If xurybands.com can be proven to have incurred higher damages due to the delay, xurybands.com is entitled to claim this.
The customer has no right of offsetting or retention,
unless the counterclaim is undisputed or legally established.
§ 9 Retention of title
The delivered goods remain the property of xurybands.com until full payment has been made.

§ 10 Warranty, liability
Due to a defect in the delivered goods, xurybands.com is liable with regard to the customer's claims for subsequent performance,
Withdrawal and reduction in accordance with the statutory provisions. However, xurybands.com can refuse subsequent performance by eliminating defects if this is only possible at disproportionate costs. To the extent that supplementary performance takes place through the delivery of defect-free goods, the purchaser is obliged to:
to return the defective goods within 30 days of delivery of the defect-free goods to xurybands.com at xurybands.com's expense.
xurybands is liable for damages resulting from intent or gross negligence on the part of xurybands.com – including its vicarious agents and legal representatives.
com according to the legal regulations. xurybands.com is also liable in accordance with the statutory provisions for the slightly negligent violation of essential contractual obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations,
the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the purchaser regularly relies; In this case, xurybands.com is only liable for foreseeable, contract-typical damage. xurybands.
com is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.
The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed.
Liability under the Product Liability Act also remains unaffected by the above liability limitations.
To the extent that xurybands.com's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 11 Grant of rights, customer comments
Decide
To write a xurybands.com customer comment, you grant xurybands.com an exclusive license to further use the customer comment, both online and offline, for the duration of the underlying law, unrestricted in time and location. xurybands.
com will always name the author as the author (unless the author has stated that he wishes to remain anonymous). xurybands.com reserves the right not to display a comment on the website or only for a limited period of time or to shorten it. Customer comments solely reflect the opinions of customers.
The content does not have to agree with the opinion of xurybands.com.

§ 12 Battery disposal
Batteries may not be disposed of with household rubbish. As an end user, you are legally obliged to return used batteries.
You can return batteries free of charge after use, for example at municipal collection points or in stores. You can also send batteries back to us by post or parcel service. Batteries or accumulators that contain harmful substances are marked with the symbol of a crossed out garbage can.
The chemical name of the pollutant is located near the garbage can symbol. Cd stands for cadmium, Pb for lead and Hg for mercury.

§ 13 Information on data processing
xurybands.com collects data from the customer as part of the processing of contracts.
In doing so, it particularly observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the purchaser, xurybands.com will only collect, process or use the purchaser's inventory and usage data,
to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
Without the customer's consent, xurybands.com will not use the customer's data for advertising, market or opinion research purposes.
The customer has the option at any time
to access, change or delete the data stored by you using the “My data” button in your profile. Otherwise, with regard to the purchaser's declarations of consent and further information on data collection, processing and use, reference is made to the data protection declaration, which is available on the xurybands website.
com can be accessed in printable form at any time via the “Data Protection” link.
§ 14 Applicable law
German law applies to the contractual relationship between xurybands.com and the customer; the validity of the UN Convention on Contracts for the International Sale of Goods is excluded.