General Terms and Conditions (GTC)
As of: 30.04.2014
The internet provider of the internet site www.xeam-solutions.com and www.xeam-solutions.eu, is hosted by the company xeam UG (haftungsbeschränkt) headquartered in Germany, Vogtsstr. 12, D-79183 Waldkirch, VAT ID no. DE281923434, registered by the District Court Freiburg under the trade registration number 708026, hereinafter known as Seller / xeam.
The second side of the contract is a person who makes a purchase through the internet platform xeam UG (haftungsbeschränkt) under www.xeam-solutions.com or www.xeam-solutions.eu, hereinafter known as the buyer.
Therefore, the following Terms and Conditions apply to all contracts from the seller to the buyer, which are processed through the internet site www.xeam-solutions.com or www.xeam-solutions.eu
The buyer is prohibited to add any additional clauses or small print and/or modifications to this agreement without the express written consent of xeam.
With the order, the purchaser accepts these terms and conditions.
The appearance of the goods supplied may differ slightly from the image on the website. This applies particularly to different colors, which can depend on the individual monitor – and graphic cards – settings.
With the delivery of software, our Terms and Conditions as well as the special licenses and other Terms and Conditions of the manufacturer both apply. Upon acceptance of the software, the buyer expressly accepts these conditions.
2. Contract Creation
All shown items on the website from the seller are not considered to constitute an offer, but an invitation to enter into a contract.
The buyer may submit an order from the seller’s website www.xeam-solutions.com or www.xeam-solutions.eu, thus submitting by the buyer an irrevocable offer.
The buyer must be of legal age to submit an offer.
Upon receipt of the order we will send you an Order Summary. This is not to be regarded as an Order Confirmation or Order Acceptance from us.
We will accept your offer and create a contract with you once we have confirmed the availability of the goods or services as well as verified the method of payment.
When you place an order, you are acknowledging to us that:
(a) all details provided to us for the purpose of purchasing goods or services are correct, and
(b) the credit or debit card used to make a purchase from us is your own card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services ordered from us.
The sales contract is completed with the delivery of the goods or by us sending an order confirmation in writing within a maximum of 14 days.
Xeam maintains the right to accept or reject an offer.
If we are not able to deliver the goods ordered, we reserve the right to offer alternative goods of equal or higher quality. We will inform you beforehand of any such changes. In such cases, you are free to choose between the alternative offers or to cancel the order. In the event of a cancellation, we will refund any already made payments within 30 days.
3. Prices, Payment Terms and Invoice
Delivery is based on the listed prices at the time of the order.
We reserve the right to alter the price from time to time.
All of our prices are listed in USD on www.xeam-solutions.com and in EUR on www.xeam-solutions.eu, excluding VAT (except otherwise marked) without shipping costs and without, if applicable, installation fees and training costs, etc.
Depending on the shipping method, the shipping costs are calculated based on the size and weight of the package.
The final cost of the online purchase will be communicated to the buyer before their formal acceptance, which is confirmed through the “complete purchase” order button.
Payment of our invoices is due immediately and without discount. A payment is considered made only when we can dispose of the amount.
The invoice will be send as pdf-document to the registered email address of the buyer, after an order is placed.
The buyer is solely responsible for the accuracy and truthfulness of the information they provided to xeam within the framework of the order. Xeam warns that in accordance to national regulations, issued invoices cannot be subsequently changed.
We accept the following payment methods: Credit card, PayPal and Direct Debit (EU countries only from www.xeam-solutions.eu). For software subscriptions with auto renewal contracts we do not accept PayPal.
We do not charge additional transaction fees to the buyer for purchasing products.
When transferring the amount owed, we kindly ask that you specify the exact network ID, in order to ensure proper allocation of the payment to the order.
In the event of a delay in payment, we are entitled to charge default interest in accordance to the statutory provisions.
Businesses only have a right to retain payments as far as their counterclaim is based on the same contract of sale and this has been judicially determined or has been accepted by us.
4. Auto-Renewal Software Subscriptions
The minimal contract duration for auto-renewal software subscriptions is 12 months. After expiration of the subscription period, the auto-renewal software subscription is automatically extended for additional 12 months. The buyer is are allowed to cancel the subscription at any time. The cancellation become effective when the active 12 month period ends. After cancellation the software can still be used without restrictions, but will the buyer will not receive updates of the software anymore.
The auto-renewal subscriptions are invoiced in advance for each accounting period. A pdf-document with the invoice will be send to registered email address of the buyer. If the buyer selected credit card as payment method, the credit card of the buyer will be charged within 10 working days after xeam sent the invoice to the buyer.
5. Delivery, Delivery Time, Shipping, Transfer of Risk
Download products can be downloaded as trial version from our web site immediately. The software license will be send to the email address you used during the order process within 2 working days after we received the payment.
Articles which are not readily available, therefore delivery will be delayed, you will be informed immediately.
Delivery will occur only after payment is made, if payment is in the form of Cash on Delivery then immediately.
The delivery period is extended back until the time when the customer has provided us all the necessary information and documentation to execute the order.
Delays caused by legal or official orders (i.e. import and export restrictions) and which we are not responsible will extend the delivery period in accordance to the duration of the delay. We will promptly inform you of the beginning and end of the delay in important cases.
If we are late in making the delivery, our liability for damages in the event of slight negligence is limited to the foreseeable damage. Any additional claims for damages only occur if the delay is caused by intent or gross negligence.
Provided that you are a customer within the meaning of this act (a natural person who acquires goods for a purpose which is not related to their professional or business activity), you can cancel your contract within 7 working days without reasons in writing (i.e. letter, fax, email) or – if the goods are received within the deadline time period – revoke by also returning the goods. The deadline commences following receipt of this information if writing but not before receipt of the merchandise, also this does not complete our information requirements. Timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation term. In the event that the revocation period ends on a Saturday, Sunday or official holiday the revocation period is extended to the following workday.
The revocation must be sent to: xeam UG (haftungsbeschränkt), Vogtsstrasse 12, 79183 Waldkirch, E-Mail: email@example.com
In the case of an effective revocation, the mutually received benefits are to be returned. The buyer must return the goods to the seller in their original condition and undamaged. The buyer bears the costs for the return of the goods when the revocation rights have been exercised. During the 14 day revocation period, the buyer is obligated to handle the goods with care. In particular, they are not entitled to alter the goods, such as to remove the serial number or a seal, or register the device/software, unless these changes were necessary the product on its properties and functionality.
The buyer is obligated to pack the goods carefully, regardless of the original packaging in which it was delivered, in order to ensure that they cannot be damaged during transport.
The seller must refund the paid purchase price minus the direct costs for the recovery of the goods within 30 days of the exercised right of revocation. If this does not happen, default interest comes into effect starting on the 31st day.
The right to revoke revocation is excluded:
a. when the delivered goods are especially made according to customer specifications or tailored to the personal needs, or which are suitable not for a return due to their nature.
b. when the delivered audio or video recordings and software as well as other similar storage media devices are unpacked or unsealed.
7. Returning the Goods
With the written notice of revocation or a claim you will receive a RMA number. Please include this RMA number and the return form
(Link) when the goods are returned to us.
The goods must be promptly returned to us, no later than 14 days after the notice or revocation in an unaltered state and no signs of use, unless signs of use was necessary in the examination of the goods, and must be returned with the warranty card, operating instructions and all accessories.
We reserve the right to make our own damage claim against you if you have not fulfilled our duty of care in handling of the goods.
8. Retention of Title
We retain the title of the goods until the full payment of all claims under the contract have been made. In the event of a breach of contract on your part, we are entitled to reclaim the goods.
9. Warranty / Exclusions
Products purchased from xeam are covered by the statutory guarantee and if necessary by a manufacturer's warranty.
Hidden, undiscovered defects which were there from the time of the sales agreement fall under the defect warranty.
The seller guarantees, according to legal requirements, that the delivery items from the delivery date to their respective technological state are free from faults.
Liability for normal wear and tear
If evidence of a deficiency should arise within six months from successful delivery of goods, it will be presumed that the deficiency existed within the time period of the delivery, unless evidence indicates that the defect occurred otherwise, in accordance with Sec. 48 A(3) SGA 1979.
With the defectiveness of the goods the customer has the paramount right of supplementary performance in the form of remedy or replacement.
The consumer can demand the right to reduce and to withdrawal only when the defect cannot be rectified or that indeed the demanded supplementary performance cannot be carried out within a reasonable time, without causing significant inconvenience to the consumer.
However if the buyer is an enterprise, we have the right within one year from the date of delivery to remedy the defect or deliver free goods at our discretion. After expiration of one year from the date of delivery, the warranty claim limited to defects or time value credit is at our discretion.
We assume no liability for defects or damages resulting from inappropriate or improper use, failure to follow operating instructions, or incorrect or negligent treatment. This particularly applies to the operation of the objects with incorrect current or voltage and connection to unsuitable power sources. The same applies to defects and damages caused due to fire, lightning, explosion or net surges, humidity of any kind, wrong or missing program software and/or processing data, unless the customer can prove that these circumstances are not are the cause of the defects.
The warranty expires if you tamper and/or attempt to make repairs to the equipment or same thereby from persons not authorized by us, unless the defect occurred due to the fact.
Through an exchange in-line with the Warranty/Guarantee no new Warranties/Guarantees go into effect.
We are not liable for the data recovery, unless that we deliberately or through gross negligence caused the loss and the buyer has to ensure, that a backup is done, so that the data at a reasonable cost can be reconstructed.
Note, to process a warranty claim please follow the updated return delivery and service information enclosed.
10. Errors and Omissions
We make every effort to ensure that all prices and descriptions quoted in our catalogue and on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any money that you have paid in respect of the Order. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered. A 'manifest error', as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to our Goods or Services. This does not affect your statutory rights as a consumer, nor does it affect your right to cancel an Order. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms.
Nothing in the Terms shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
12. Cancelation due to Deterioration of Assets
We can withdraw from the contract if we gain knowledge of a cessation of payments, the opening of insolvency or court composition proceedings, the refusal of insolvency, proceeding from the lack of assets, bills or checks protests, or concrete indications of a worsening in the financial circumstances of the buyer.
13. Use of Customer Data
Xeam collects personal information when you provide this information voluntarily in the context of a request, order or registration.
Personal data is information, e.g. name, address, telephone number and e-mail address, which is associated with that person.
Personal data is collected by us only for the purpose related processing of orders, as well as legal obligations arising from the contract of sale (e.g. handling of the warranty) and notification of deliveries within the meaning of the policy and processes. Any further use, such as marketing purposes, without your express permission, is excluded.
Should we use data for a purpose that requires your consent, in accordance with data protection, you will always be asked beforehand for your consent.
14. Export License
Any necessary consent from the relevant authorities for the delivered goods must be obtained by you on your own behalf and own expense. Refusal of such export license does not entitle a withdrawal from the contract.
15. Court of Jurisdiction, Partial Invalidity, Applicable Law
In business transactions with merchants and legal persons of under public law, German law under provisions of the UN purchase law shall apply.
It is agreed in business transactions with merchants and legal entities governed by public law, the place of jurisdiction for all contract legal disputes, including exchanges and bill complaints, will be the city of Freiburg; we also are entitle to sue the buyer from the registered office.
Nothing in these terms and conditions affects your statutory rights as a consumer.
If individual provisions of the contract or of these general terms and conditions are invalid, the remaining provisions will remain effective.
Xeam reserves the right to change the general terms and conditions in whole or in part.
Any change in these terms and conditions need be in writing. The new regulations have validity from the date of their publication on the website. Unless otherwise expressly agreed, these changes are effective retroactively to all previous agreements with the users.
xeam UG (haftungsbeschränkt)
D-79183 Waldkirch, Germany
CEO: Markus Wehrle
District Court Freiburg
VAT ID No.: DE281923434