General Terms & Conditions Xylo Impact srl

Sale of braseros, barbecues, joinery wood and garden high tables.

1. GENERAL REMARKS

1.1 These general terms and conditions and conditions of use (hereinafter referred to as: General Terms & Conditions) apply when you visit the website www.xyloimpact.com. In visiting this website, you, the customer, agree tacitly and unconditionally, to be bound by these General Terms & Conditions as well as our privacy and cookie policy. The general terms & conditions were last updated on November 29, 2017.

2. IDENTITY OF THE seller(s)

2.1 This website is offered and provided by XYLO IMPACT SRL (hereinafter referred to as: Xylo Impact srl):

• Name: XYLO IMPACT SRL
• Address: strada venetia 7/17
• VAT: BE0659925246
• Phone: +32 (473) 233337
• Fax: n.a./n.v.t./n.a.
• Email: info@xyloimpact.com

2.2 Concerning the offering of payment services in the context of this website, Xylo Impact srl uses an external payment service provider, i.e. MOLLIE B.V. (hereinafter referred to as: Mollie of MOLLIE):

• Name: MOLLIE B.V.
• Address: Keizersgracht 313, 1016 EE Amsterdam, The Netherlands
• VAT: 30204462
• Phone: +3225882186, +31208202070
• Email: info@mollie.com

2.3 MOLLIE B.V. was registered as payment services provider in The Netherlands and provides its services in Belgium in line with the free movement of services pursuant to Article 25 of the Directive on payment services (2007/64/EC). De Nederlandsche Bank is responsible for the prudential supervision of the payment services provided by MOLLIE B.V.

2.4 The payment methods that are accepted are (hereinafter referred to as: payment methods):
VISA;
MASTERCARD;
PAYPAL;
BANKTRANSFER.
This information is given clearly and legibly no later than at the beginning of the order process.

2.5 The language in which you enter into the agreement with Xylo Impact srl for the use of this website is French.

2.6 The agreement will be archived and shall not be accessible.

2.7 The invalidity of any provision arising from these General Terms & Conditions shall not affect the validity of the other provisions.

3. PRIVACY & COOKIES

3.1 As stipulated in our privacy policy, Xylo Impact srl undertakes to process your personal data only in line with the current privacy legislation and in accordance with the purpose for which your personal details were collected. For more information regarding the processing of your personal data, please view our privacy policy on our website.

4. TERM AND TERMINATION

4.1 This agreement is concluded for an indefinite period. Xylo Impact srl and you may terminate this agreement at any time with immediate effect and without recourse to the courts. If this agreement is terminated, you will no longer be able to log into your user profile on this website.

4.2 Xylo Impact srl has the right to terminate this agreement with immediate effect, without further notice, without recourse to the courts and without any compensation or other right of recourse , if your registration on or use of our website (a) constitutes a breach of these General Terms & Conditions or of an intellectual property right or other right of a third party, (b) jeopardises or could jeopardise the security or integrity of Xylo Impact srl, our website, or a third party or of the IT system of Xylo Impact srl or a third party, (c) is accompanied by viruses, Trojan horses, worms, spyware, malware or the like, or (d) is harmful, obscene, discriminatory, hateful, racist, defamatory, nasty, offensive or otherwise inappropriate, illegal or unlawful.

4.3 Xylo Impact srl reserves the right to amend these General Terms & Conditions via a message on our website or via email. You will be deemed to have accepted such changes if Xylo Impact srl does not receive a message from you in which you object to the change within 10 working days of the message being posted on our website or the date on which the email was sent. If you do object to the change within the aforementioned period, each party shall have the right to terminate this agreement with immediate effect and without recourse to the courts by way of a notice or message (e.g. via email) conveyed to the other party.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 The user has the intellectual property rights to the content he/she publishes on this website, including but not limited to copyrights, neighbouring rights, trademark rights, patent rights, design and model rights, Xylo Impact srl rights, database rights and rights relating to the protection of know-how (hereinafter referred to as ‘Intellectual property rights’). The user may not place any content on this website that constitutes an infringement of the intellectual property rights of third parties.

5.2 The user grants Xylo Impact srl a free, worldwide, non-exclusive, transferable and sub-licensable licence to use, disclose and reproduce the content via any known or future medium for the functioning and promotion of this website up to the time the content of this website is removed.

5.3 With the exception of the content placed on this website by a user, the intellectual property rights to this website continue to belong to Xylo Impact srl or its licensors. The reproduction, distribution, sale, publication, modification, translation, updating or use for commercial purposes, as a whole or in part, is expressly prohibited.

5.4 Xylo Impact srl grants the user a limited, personal, revocable, non-exclusive, non-transferable and non-sub-licensable licence to use the posted content in accordance with the purpose of this website.

5.5 The copying or deletion of information from this website and recording it in a database is prohibited, with the exception of caching by your browser.

5.6 Exceptions may only be granted on the basis of Belgian law or by means of the prior, explicit and written consent of Xylo Impact srl.

6. PAYMENT

6.1 MOLLIE B.V. acts as MOLLIE and provides for the settlement of payment transactions in accordance with the payment method chosen. Xylo Impact srl is not responsible for the costs, or reimbursement of said costs in the case of cancellations, charged by MOLLIE. You can find all useful information concerning MOLLIE above.

7. TERMS & CONDITIONS OF SALE

7.1 PURCHASE PROCEDURE

7.1.1 You can only make purchases from our online store if you are a registered user and are logged in.

7.1.2 The customer selects the items and the quantities to be purchased from the website. After validation of the order and acceptance of the sellers’ terms and conditions, the customer is redirected to the payment interface where the total amount can be paid. The customer is finally redirected to a confirmation page that is the final step of the purchase procedure.

7.1.3 You will receive an order overview before you can place and confirm your order. This overview states, among other things, the delivery address, the contents of your shopping cart, i.e. the purchases you want to order, the price (in euro [€] and including VAT) of each purchase, as well as the total price of your order. You should check the order overview carefully. In this way, you can easily detect and correct input errors before placing the order. After you have carefully checked the order overview, you can place the order by clicking on the “Order and pay” button. Clicking on this button means that you have checked the order overview and agree to place a binding order and enter into a commitment to pay for this. Your order is then finally forwarded to our store.

7.1.4 The order overview will be confirmed via email after you have placed and confirmed your order and, at the latest, on delivery of the purchases. This order confirmation also states the anticipated delivery date. The email address referred to in this clause is that linked to your account. As soon as you have received this confirmation, the contract is then binding and we will process your order.

7.2 CONCLUDING THE CONTRACT

7.2.1 The contract is concluded in the following language: French.

7.2.2 Each order via our online store has to be confirmed by Xylo Impact srl. The purchase agreement between you and Xylo Impact srl is only concluded at the time of this purchase confirmation.

7.2.3 The purchases referred to in the purchase confirmation are the subject of the purchase agreement between you and Xylo Impact srl, which will be archived by Xylo Impact srl.

7.3 PRICE AND PAYMENT

7.3.1 The price of each purchase is listed on the relevant product page, but also in the overview before you place and confirm your order. If the price appears to be incorrect, you will be given the option to order the purchases at the correct price or cancel your order. If you do not respond, your order will be cancelled automatically.

7.3.2 The prices of the purchases are in euro (€) and include VAT. The shipment costs or additional services are not included in the price. The shipment costs are shown before you place your order.

7.3.3 Xylo Impact srl reserves the right to change the prices of items at any time and without notice, with the exception of orders that have already been confirmed. Promotions and discounts are limited to the dates and purchases stated in our online store.

7.3.4 The payments are made via the MOLLIE and the payment method(s) referred to. In certain cases, you can also opt to pay by bank transfer, before or after delivery. This option may not be available for all purchases from our online store. We reserve the right to charge administration costs for each reminder. For each late payment, you will be liable, by law and without prior notice, to pay us default interest at the statutory rate of interest on the amount not paid on the due date, calculated from said due date.

7.3.5 In certain cases, you can pay with a discount voucher. You cannot purchase this, rather it is issued by us as part of an advertising campaign. To use a discount voucher, follow the instructions when placing your order. You can no longer use a discount voucher for an order once your order has been placed.

7.3.6 The discount voucher can only be used once in our online store during the specified time period. If the discount voucher is not sufficient for the value of the purchases you want to order, you will have to pay the difference using a different payment method. A minimum purchase amount may apply for you to be able to use the discount voucher. Discount vouchers are not refunded under any circumstances, even if you return a purchase. So if the minimum purchase amount is no longer reached, we reserve the right to charge you the original price for the purchases you do not return. The value of the discount voucher will not be paid out in cash, nor will the discount voucher yield interest. You cannot use a discount voucher to purchase a gift coupon or combine it with another discount voucher or promotion. A discount voucher may be subject to different or additional terms and conditions: please see your discount voucher for details.

7.3.7 Your invoice will be sent to you by email, but you can also download your invoice via your user profile when you log in. The purchases shall remain our property until full payment of the purchase price and, where applicable, the shipment costs have been made.

7.3.8 If a payment of a deposit invoice has been made because the customer has ordered a custom brazier, the deposit will not be returned if he retracts. The realization of the drawings for the personalized braziers is done on the basis of estimate or in time and material (with the choice of the customer).

7.4 AVAILABILITY

7.4.1 Adding a purchase to your shopping cart does not mean that the purchase has been reserved for you. It is possible for the purchase to no longer be available between the moment you place a purchase in your shopping cart and the time you want to place your order.

7.4.2 Xylo Impact srl reserves the right to remove an item from the online store at any time. If the purchase appears to no longer be available, your order will be cancelled.

7.4.3 If the purchases ordered are out of stock, we cannot be forced to purchase the items ordered elsewhere. We do not accept any purchasing risk.

7.5 PRODUCT INFORMATION

7.5.1 With regard to the purchases from our online store, you can view the following information, the main features of the purchase, on the relevant product page. Dimensions, weight, model, price, photos, 3D model, options (this information is non-contractual and non-systematically available).

7.5.2 Our online store tries to display items in as authentic a manner as possible, but please bear in mind that items can sometimes differ from the picture, e.g. in terms of colour or size. Always check the specifications of the item before you place your order.

7.6 DELIVERY

7.6.1 The purchases will be dispatched to the delivery address stated by you when placing your order. You can check and confirm the address given in the overview before you place your order.

7.6.2 The normal delivery time is 6 weeks after full payment of the respective invoice, subject to possibly different delivery times. This is a standard delivery, meaning that we will make every effort to ensure that you are in possession of the purchases ordered within 6 weeks of your order being confirmed. If you are not in possession of the purchases within this delivery period, you should contact us immediately to arrange a further period that is appropriate in light of the circumstances. If we do not deliver the purchases within the additional period, you shall be entitled to terminate the agreement. However, you have the right to terminate the agreement immediately, without requesting any additional period, if you notify us in writing no later than prior to the conclusion of the agreement that the delivery is essential by or on a particular date. Please be aware that the normal delivery period does not apply if you have opted for advance payment by bank transfer.

7.6.3 Different delivery times: the delivery time can differ on Saturdays, Sundays or statutory public holidays. These days do not count when calculating the delivery time. The delivery time may differ by way of exception on other days. We will provide you with information in this regard on our website.

7.6.4 You can also opt for flexible delivery. This entails the following: telephone contact with the carrier. Please note that this option may be associated with additional costs, as stated in explicit terms during the order process.

7.6.5 Our obligation to deliver the purchases can be suspended in exceptional circumstances associated with force majeure. We will inform you immediately in such a case. Deemed to constitute force majeure are, among other things: late or incorrect delivery of the stock by our supplier(s) if such late delivery by our supplier(s) is not due to any prior failing on our part.

7.6.6 Nor can we be held liable for delays in delivery caused by other exceptional circumstances of force majeure, at the hands of the carrier(s) or its/their subcontractors, or at the hands of other third parties.

7.6.7 You are responsible for ensuring that you or a third party appointed by you is present at the delivery address on the scheduled delivery date (stated in the order confirmation). The third party designated by you must be entitled to receive the order. As soon as you or a third party appointed by you has physically taken possession of the purchases, the risk of loss or damage shall be assumed by you. We cannot be held liable for any failure on your part to comply with this article. If you or a third party designated by you cannot take delivery of the order on the scheduled delivery date through your own fault, the following procedure will be followed: local storage of the product and phone call to make an appointment for delivery. If you opt for advance payment by bank transfer, we can hold off on sending the purchases until we have received the total price. In this case, please note that the normal delivery time is not applicable .

7.7 REVOCATION RIGHT

7.7.1 Although your right of revocation applies in principle to the conclusion of a distance contract, the revocation right is ruled out (in certain cases) in the following situations: when it concerns a delivery of goods manufactured according to your specifications or which are clearly intended for a specific person.

7.7.2 Information concerning the right of revocation.

7.7.2.1 You have the right to dissolve the distance contract concerning the purchase of an item during a consideration period of 14 days without giving any reasons after the day on which you or a third party appointed by you, other than the carrier, has taken physical delivery of the last purchase, or after the day on which the service agreement is concluded.

7.7.2.2 To exercise the revocation right, you must inform us by way of an unambiguous declaration of your decision to revoke the agreement. You can do this via email. To meet the revocation deadline, it is sufficient to send your notification regarding the exercising of your revocation right before the revocation period has expired.

7.7.3 Consequences of revocation

7.7.3.1 If you revoke this agreement, we will reimburse to you all payments made up to that moment, including delivery costs (with the exception of any additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), without delay and, in any case, not later than 14 days after we have been informed of your decision to revoke the agreement.

7.7.3.2 We will reimburse you using the same payment method as that with which the original transaction was carried out, unless you have expressly agreed otherwise; no fee will be charged for this refund in any case.

7.7.3.3 We can delay the refund until we have received the returned purchases or until you have shown that you have returned the purchases, whichever comes first.

7.7.3.4 You must return or hand over the purchases to us without delay and, in any case, not later than 14 days after the day on which you notified us of the decision to revoke the agreement. You have acted in a timely manner if you return the purchases before the 14-day deadline period has expired.The cost of returning purchases shall be borne by the customer.

7.7.3.5 Returned goods must be in their original condition, i.e. the condition at the time they were received. Used or damaged purchases cannot be returned.

7.7.3.6 Purchases must be returned in the original packaging or packaging of the same quality in order to protect the purchases. A purchase may only be taken out of the packaging so that it can be inspected, as you can do in a physical store.

7.7.3.7 You are solely liable for the depreciation of the goods resulting from the use of the purchases in excess of that needed to establish the nature, features and operation of the goods.

7.7.4 Specimen form

7.7.4.1 If you wish to revoke the agreement, please complete this form and return it to us:

Postal address: n.a./n.v.t./n.a.

Email: info@xyloimpact.com

I/we (*) notify you that I/we (*) herewith revoke our agreement concerning the sale of the following goods :

— ordered on / received on (*)

— your name / names:

— your address:

— your signature (only if this form is submitted in paper format)

— date

(*) Delete what is not applicable.

7.8 CANCELLATION AND EXCHANGE

7.8.1 Your order and payment obligation are final once the order has been confirmed by us. If you wish to cancel your order, you should contact our customer service.You can exchange the purchases ordered for other items. To do this, please take the following steps: request to exchange articles via e-mail.

7.9 REFUNDS

7.9.1 On termination of the agreement or exercising the right of revocation, each refund shall be carried out at the latest within 30 days to the account number you used to make the payment when purchasing the items. For payments by bank transfer before or after delivery, the refund will be paid to the account from which the payment was made. If you paid by credit card, the refund will be made via your credit card account If you paid via PayPal, the refund will be made to your PayPal account.

7.10 FAULTY ITEMS

7.10.1 You are reminded that you have a legal guarantee regarding conformity of the goods.

7.10.2 If you receive a faulty purchase, you should contact us as soon as possible so that we can offer a solution.Apart from the legal guarantee, we also offer an additional commercial guarantee. This guarantee entails the following: 10 years warranty on manufacturing defects of braziers manufactured based on the model registered at the Euopean level with the reference No 004119661-001. This guarantee applies from the date of delivery and only for braziers used for domestic purposes and with due diligence. Are implied by manufacturing defects, only weld errors. Natural corrosion of metal (even if painted) is not considered a manufacturing defect. This warranty will not apply in case of excessive use of the brazier or negligence.

7.11 COMPLAINTS

7.11.1 You can direct complaints relating to your purchase to:

• Name: XYLO IMPACT SRL
• Address: strada venetia 7/17, strada venetia 7/17, 307160, ROMANIA
• Phone: +32 (473) 233337
• Fax: n.a./n.v.t./n.a.
• Email: info@xyloimpact.com

8. OTHER PROVISIONS

8.1 You give your assurance that you are entitled to enter into this agreement. If you are acting on behalf of a legal entity, you guarantee that you have the necessary powers of representation to enter into this agreement.

8.2 In the event that Xylo Impact's liability is incurred, Xylo Impact will have the sole obligation, at its discretion, either to perform its obligation in kind, or to replace or repair the items, or to reimburse you for them. Xylo Impact's liability is limited, in all liability regimes, to the fullest extent permitted by applicable law, at the price actually paid by you to Xylo Impact for the items concerned. Liability for any indirect damage such as, without limitation, loss of income, loss of clientele, loss of time, collateral damage to buildings in which items are inserted, or for any non-pecuniary damage such as, without limitation, damage to the reputation is expressly excluded.

8.3 The use of braziers is under your own responsibility. Xylo Impact is not obliged to compensate for any damage resulting from their use.

8.4 Xylo Impact shall not be liable to Buyer for damages that may result from the breach of any obligation under the Contract where such breach is due to circumstances beyond its reasonable control such as, without limiting, equipment failures, labor disputes, floods, storms, or other conditions that affect the normal supply of raw materials or articles or the manufacture or delivery of items

8.5 These General Terms & Conditions can be viewed at any time on the website of Xylo Impact srl using a hyperlink referring to it at the bottom of the web page. They will also be provided to you in PDF format by email no later than the date of entering into the agreement. To open the PDF document, you will need Adobe Reader, which you can download free of charge from www.adobe.be, or a similar PDF reader. The email address referred to in this clause is that linked to your account.

8.6 Xylo Impact srl may assign all or part of this agreement or any rights and obligations arising from it to any third party without your consent, except as otherwise provided for by mandatory law.

8.7 The European Commission offers consumers a platform for alternative dispute resolution. Consumers can resolve their disputes relating to an online order without the intervention of the courts. You can access the online dispute settlement platform via this URL: http://ec.europa.eu/odr/.

8.8 Application of the Vienna Convention on International Sale Agreements (1980) is expressly excluded.

If one or more of the provisions contained in the General Terms & Conditions are declared invalid, this shall not affect the validity of the remaining provisions.

9. APPLICABLE LAW AND COMPETENT COURT

9.1 These General Terms & Conditions and your use of this website are governed solely by the laws of Belgium, excluding rules of international private law on the basis of which the law of another country would be applicable.

9.2 Except in the event of another court having territorial jurisdiction on the basis of mandatory law, any dispute relating to these General Terms & Conditions, Xylo Impact srl or your use of this website shall be resolved exclusively by the courts located in the judicial of Nivelles.