Request projectRequest projectI. General Terms and Conditions
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (XCorez OÜ) via the XCorez.com website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The object of the contract is the sale of digital content (data created and provided in digital form).
(2) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Licence of use for digital content
(1) The digital content offered is protected by copyright. You will receive a licence to use each digital content purchased from us from the respective licensor. The type and scope of the licence of use are set out in the licence conditions specified in the respective offer.
§ 4 Customised digital content
(1) You shall provide us with the suitable information, texts or files required for the customised design of the digital content via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of any legal representation required in this connection.
(3) We do not check the transmitted data for correctness of content and therefore accept no liability for errors.
(4) If specified in the respective offer, you will receive a correction draft from us, which you must check immediately. If you agree with the design, you approve the correction template for execution by countersigning it in text form (e.g. e-mail). The design work will not be carried out without your approval. You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We accept no liability for errors that are not objected to.
§ 5 Contract term / cancellation of web hosting contracts
(1) The web hosting contract concluded between you and us has the term stated in the respective offer, hereinafter referred to as the ‘basic term’. A basic term of more than 2 years cannot be agreed.
(2) If the web hosting contract is not cancelled by one of the parties one month before the end of the basic term (unless a shorter period is stipulated in the respective offer), it is tacitly extended for an indefinite period. The extended contractual relationship can be cancelled at any time with a notice period of one month (unless a shorter notice period is stipulated in the respective offer).
(3) The right to terminate the contract without notice for good cause remains unaffected by this.
(4) Each cancellation must be declared and transmitted either in text form (e.g. e-mail) or via the cancellation button integrated on our website (‘Cancel contracts here’ or similar designation).
§ 6 Special agreements on payment methods offered
(1) SEPA-Direct debit
When paying by SEPA direct debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 14 days of conclusion of the contract. The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred.
§ 7 Right of retention
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ 8 Warranty
(1) The statutory warranty rights apply.
(2) If a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions: a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the digital content, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we provide warranty at our discretion either by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the digital content or the defect or other circumstances indicate otherwise.
c) The warranty period is one year from delivery of the digital content. The shortened period does not apply:- to culpably caused damage attributable to us arising from injury to life, limb or health and to other damage caused intentionally or through gross negligence;- if we have fraudulently concealed the defect or have assumed a guarantee for the quality of the digital content;- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 9 Choice of law, place of fulfilment, place of jurisdiction
(1) The law of the Republic of Estonia applies. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).
(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Estonia or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. This does not affect the right to appeal to the court at another legal place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. Identity of the seller
XCorez OÜ
Sepapaja tn 6
15551 Tallinn
Estonia
Telefon: +49 151 25879258
E-Mail: info@xcorez.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions ‘Conclusion of the contract’ of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. The contract language is German.
3.2. The complete text of the contract is not saved by us. Before sending the order, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the legally required information for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3. In the case of requests for quotations outside the online shopping basket system, you will receive all contractual data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and payment methods
5.1. The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. There are no shipping costs.
5.3. The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.
5.4. Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. Provision
6.1. The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly labelled button on our website or in the respective offer.
7. Statutory liability for defects
Liability for defects is governed by the ‘Warranty’ provision in our General Terms and Conditions (Part I).
8. Contract Term / Cancellation
Information on the term of the contract and the cancellation conditions can be found in the regulation ‘Contract term / cancellation of web hosting contracts’ in our General Terms and Conditions (Part I) and in the respective offer.
last update: 29.11.2023