General terms and conditions

  1. Applicability
  2. The offer
  3. The contract
  4. Returns
  5. The consumer’s obligations during the cooling-off period
  6. Exercising the right of withdrawal by the consumer and the costs of doing so
  7. The obligations of OXXA® in the event of a withdrawal
  8. The price
  9. Compliance with the contract and extra warranty
  10. Delivery and execution
  11. Complaints procedure

1. Applicability

These General Terms and Conditions apply to any offer made by OXXA® and any distance contract between the entrepreneur and the consumer.
Before both parties enter into the distance contract, the text of these General Terms and Conditions must be made available to the consumer. If this is not reasonably possible, OXXA® will specify the manner in which the General Terms and Conditions can be accessed before parties enter into the distance contract and that OXXA® will send the consumer a copy of these General Terms and Conditions at no charge as soon as possible at the consumer’s request.
If parties enter into the distance contract electronically, the text of these General Terms and Conditions may be made available to the consumer via electronic means (in derogation of the previous section and before parties enter into the contract), in such a way that the consumer can easily store them on a sustainable data storage device. If this is not reasonably possible, OXXA® will specify the manner in which the General Terms and Conditions can be accessed via electronic means before parties enter into the distance contract and that OXXA® will send the consumer a copy of these General Terms and Conditions at no charge at the consumer’s request, either via electronic means or in some other manner.
If, in addition to these General Terms and Conditions, specific product or service conditions also apply, the second and third section of these General Terms and Conditions shall apply accordingly. In the event of conflicting conditions, the consumer may invoke the applicable provision that is most favourable to them.

2. The offer

If an offer has a limited period of validity or is subject to certain conditions, this must be explicitly stated in the offer itself.
The offer must contain a complete and accurate description of the products, digital contents and/or services being offered. This description must be sufficiently detailed so as to allow the consumer to properly assess the offer. If OXXA® uses images, these must be an accurate representation of the products, services and/or digital content being offered. OXXA® cannot be held liable for any obvious mistakes or obvious errors in the offer.
Every offer must contain sufficient information to make it clear to the consumer what their rights and obligations will be after accepting the offer.

3. The contract

The contract is made when the consumer accepts the offer and meets the applicable conditions.
If the consumer has accepted the offer via electronic means, OXXA® will confirm its receipt of the acceptance of the offer via electronic means without delay. While OXXA® has not confirmed its receipt of the consumer’s acceptance of the offer, the consumer may dissolve the contract.
If the contract is made electronically, OXXA® must take appropriate technical and organisational measures to protect the electronic transfer of data and provide a secure online environment. If the consumer has the option to pay via electronic means, OXXA® must take appropriate security measures.
Within legal limits, OXXA® may gather information to determine whether the consumer can meet their payment obligations and about any relevant facts and factors related to entering into a distance contract in a responsible manner. If, on the grounds of this assessment, OXXA® has (a) valid reasons to reject the contract, it has the right to reject an order or request with proper motivation or to make the execution of the contract subject to additional conditions.
No later than at the time of delivery of the product, service or digital contents, OXXA® will provide the following information to the consumer, either in writing or in such a way that the consumer can easily store the information on a sustainable data storage device:
– The visiting address of the OXXA® location where the consumer can go to lodge a complaint;
– The conditions under which and the manner in which the consumer can exercise their right of withdrawal or an explicit statement of exemption from the right of withdrawal.
– Information about warranties and existing service after purchase;
– The price (including all taxes) of the product, service or digital content; if applicable, the delivery costs; and the method of payment, delivery or execution of the distance contract;

4. Returns

During a fourteen-day cooling-off period, the consumer has the right to dissolve a contract pertaining to the purchase of a product without reason given. OXXA® may ask the consumer about their reasons for exercising their right of withdrawal, but it may not demand that the consumer explains their reason(s) for doing so.
The cooling-off period referred to in section 1 begins on the day after the day on which the consumer, or a third party appointed beforehand by the consumer who is not the transporter, received the product, or:
– If the consumer ordered multiple products in the same order: the day on which the consumer, or a third party appointed by them, receives the final product. OXXA® has the right to reject an order of multiple products with different delivery times, provided that it has clearly informed the consumer about this before the start of the order process.
– If the delivery of a product consists of multiple shipments or components: the day on which the consumer, or a third party appointed by them, receives the final shipment or the final component;
– For contracts pertaining to the frequent delivery of products during a specific period: the day on which the consumer, or a third party appointed by them, receives the first product.

5. The consumer’s obligations during the cooling-off period

During the cooling-off period, the consumer must handle the product and its packaging with due care. They may only unpack or use the product to the extent necessary to assess the nature, characteristics and operation of the product. The basic principle is that the consumer may only use and inspect the product as they would be able to do in a store.
The consumer is only liable for any depreciation of the product resulting from handling the product in a manner that exceeds the limits stipulated in section 1.
The consumer is not liable for any depreciation of the product if OXXA® failed to provide all legally required information pertaining to their right of withdrawal prior to or during the signing of the contract.

6. Exercising the right of withdrawal by the consumer and the costs of doing so

If the consumer chooses to exercise their right of withdrawal, they must report this to OXXA® in an unequivocal manner before the end of the cooling-down period.
The consumer must send the product back or turn it over to (an authorised representative of) OXXA® as soon as possible, yet no later than fourteen days from the day after the report referred to in section 1. This does not apply if OXXA® offered to pick up the product itself. The consumer has correctly observed the return period if they return the product before the end of the cooling-off period.
The consumer must return the product along with all included accessories, if reasonably possible in the original condition and packaging and in accordance with the reasonable and clear instructions provided by OXXA®.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer is responsible for the direct costs of returning the product. If OXXA® failed to inform the consumer that they are responsible for these costs or if OXXA® states that it is responsible for these costs, the consumer will not be required to pay for return shipping.
If the consumer exercises their right of withdrawal, all additional contracts will be automatically dissolved.

7. The obligations of OXXA® in the event of a withdrawal

If OXXA® allows the consumer to inform OXXA® via electronic means of their decision to exercise their right of withdrawal, OXXA® must send a confirmation of receipt of this decision without delay.
OXXA® refunds all monies paid by the consumer, including any delivery costs charged by OXXA® for the returned product, without delay yet no later than fourteen days after the day on which the consumer informs OXXA® of the withdrawal. Unless OXXA® offers to pick up the product, it has the right to withhold the refund until the product has been received or until the consumer can prove that they have returned the product, depending on whichever event occurs first.
OXXA® must use the same payment method for the refund that the consumer used to pay for their order, unless the consumer agrees to the use of a different payment method. The refund is free of charge for the consumer.
If the consumer selected a more expensive delivery method than the cheapest form of standard delivery, OXXA® is not required to refund the additional costs of the more expensive method.

8. The price

For the duration of the validity period specified in the offer, the prices of the products and/or services being offered will not be raised, except in the event of price changes resulting from changes to applicable VAT rates.
The prices of the products or services as listed in the offer are inclusive of VAT.

9. Compliance with the contract and extra warranty

OXXA® ensures that its products and/or services meet the requirements of the contract, the specifications listed in the offer, the reasonable demands regarding soundness and/or usability and the legal provisions and/or government regulations that apply on the effective date of the contract. If agreed, OXXA® also ensures that the product is suitable for other than standard use.
Any extra warranty provided by OXXA®, its supplier, manufacturer or importer shall never limit the legal rights and claims that the consumer can exercise against OXXA® on the grounds of the contract if OXXA® failed to honour its part of the contract.
Extra warranty refers to any commitment from OXXA®, its supplier, importer or manufacturer in which it grants the consumer certain rights or claims that exceed its legal obligations in the event that it fails to honour its part of the contract.

10. Delivery and execution

OXXA® shall take the utmost care when receiving and processing orders of products and when assessing requests for the provision of services.
The address given by the consumer to OXXA® serves as the delivery address.
With observance of the relevant provisions from article 4 of these General Terms and Conditions, OXXA® shall process accepted orders with due haste yet no later than within thirty days, unless a different delivery term has been agreed. If the delivery is delayed or if an order cannot be completed (in its entirety), the consumer will be notified no later than thirty days after placing their order. In that case, the consumer has the right to dissolve the contract at no charge and they are entitled to damages, if applicable.
After dissolution of the contract in accordance with the previous section, OXXA® shall refund all monies paid by the consumer without delay.
The risk of damaged and/or missing products lies with OXXA® until the time of delivery to the consumer or their previously appointed representative about whom OXXA® was informed, unless explicitly agreed otherwise.

11. Complaints procedure

OXXA® has a well-publicised complaints procedure and will handle complaints in accordance with this complaints procedure.
The consumer must submit any complaints pertaining to the execution of the contract, along with a clear and comprehensive description of the problem, to OXXA® within an appropriate time after they first discovered the issue.
OXXA® shall respond to any submitted complaints within fourteen days, starting on the date of receipt of the complaint. If a complaint requires a foreseeable longer processing time, OXXA® will confirm its receipt of the complaint within fourteen days and give the consumer an indication of when they should expect a more detailed answer.
The consumer must give OXXA® at least four weeks to resolve their complaint in joint consultation.