Terms and Conditions
1.0 Definitions
1.1 In these terms and conditions:
1.1.2 You and your Enquirer refer to the purchaser of Goods from us
1.1.3 Contract means these Terms and Conditions together with your Order Confirmation
1.1.4 Goods means any products or services that you order from us
1.1.5 Quotation means an offer to sell Goods to you
1.1.6 Order means an order for the purchase of Goods made by you to us
1.1.7 Order Confirmation means our acceptance of your order
1.1.8 Intellectual Property Rights means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property which are enforceable anywhere in the world
1.1.8 Website means https://xtreme-sols-com.preview-domain.com. Xtreme Solutions SASU
2.1 Our quotations for specific requirements, other than our daily price file, will be made in writing and are valid only on the date of quotation.2.2 All prices set out in our daily price file are valid on the date of issue.
2.3 All orders for goods shall be deemed to be an offer from you to purchase the goods in accordance with these terms and conditions.
2.4 We accept your offer to purchase Goods subject to these Terms and Conditions by issuing an Order Confirmation which forms a binding contract between us.2.5 The Order Confirmation is binding unless there is a discrepancy between the Order Confirmation and your order which you do not accept, in which case you must contact us within 3 Business Days.
2.6 We will make every effort to provide you with the Goods set out in the Order Confirmation, but if, for example, (i) the Goods are no longer manufactured or available, or (ii) there is a pricing error on our website, we will contact you to inform you accordingly and give you the option of reconfirming your order at the correct price or cancelling your order.2.7 We may change these Terms and Conditions at any time. Therefore, we advise you to regularly review the Terms of Use on our website. After the Terms of Use are updated, the changes will apply to orders placed on our website. The changes will not apply to orders placed prior to the changes being made on our website.
3.0 Reservations for non-stock items
Unless otherwise stated, any offers or order confirmations from us for items not available from our stock are subject to availability and all offers are subject to the applicable laws relating to export and import of Were. Where these reservations are concerned, we reserve the right to withdraw the offer and cancel the order and you will not be entitled to any claims based on our inability to fulfil your order.
4.0 Prices and payment
4.1 The prices stated on our website include packaging and customs duties but do not include VAT, freight charges or any other expenses.
4.2 You must pay delivery and any reasonable additional charges at the time of order unless. In that case, the invoice is legitimate and must be paid. The payment of disputed invoices will take place three business days after the dispute has been resolved. Pay the undisputed parts of the invoice.
4.4 Interest may accrue on late payments at the rate of 2% per annum from the due date until the date of payment.
Any discounts agreed with you will only be applied if payment is received within the deadlines set out in section 4.3.
4.6 If we consider that your economic situation does not justify the stated payment terms or if you have not complied with the payment terms of previous deliveries, we reserve the right to cancel any orders that have not yet been processed unless you pay the price immediately. All processed orders for delivered goods will be paid.
4.7 Credit cards cannot process orders exceeding 832. 95 £ including VAT.
5.0 Product details
5.1 All product information on our website is for informational purposes only and is only binding if stated in the order confirmation.
5.2 Special order requirements must be stated in the order confirmation to be binding.
6.0 Delivery Delays
All deliveries come from the factory warehouse.
6.2 All delivery dates set out in the Order Confirmation are estimates only. Delivery times are not an essential part of the contract and we shall not be liable for any loss, cost, damage, charges, expenses etc. arising directly or indirectly from any delay in the delivery of the Goods.
6.3 All deliveries must be received and signed for by you, your employee or a person authorised by you to accept delivery of the Goods.
6.4 You must inspect all Goods immediately on receipt and notify the courier and us in writing of any Goods that are missing, misdelivered, misspecified or in any other respect do not conform to the order or that are damaged in packaging or are obviously damaged in any way, at the time of delivery. You must notify us within 7 working days of delivery of any goods delivered that have any visible damage or defects. If you do not notify us you will be deemed to have accepted them.
7.0 Transfer of Risk
Risk in relation to the Goods shall pass to you when the Goods are available at our warehouse for delivery by our carrier or collection by our carrier.
8.0 Title
8.1 Title in the Goods shall only pass to you when we have paid in full for the Goods and any other sums due to us by you.
8.2 Until title to the Goods has passed to you in accordance with clause 8.1, you agree to hold the Goods and each Good on trust for us. You must store and insure the Goods (at your own expense) separately from other goods in your possession and mark them so that they are clearly identifiable as our property.
8.3 Notwithstanding that the Goods (or any of them) remain our property, you may sell or use the Goods in the ordinary course of business at full market value on our account.
8.4 You shall immediately assign to us all claims acquired from the resale of the goods to a customer or third party, in the amount due to us including VAT. The goods have been paid for. We shall be entitled to recover the price of the goods (+ VAT) notwithstanding the fact that ownership of the goods has not yet passed from us.
8.5 Any such sale or transaction shall be one in which you sell or use our goods on your own behalf and you shall act as principal of such sale or transaction. Until ownership of the goods has passed from us, all sale or other proceeds shall be held in trust for us and not for us.
8.6 Until ownership of the Goods has passed from us, you shall, on demand, release any Goods which have not ceased to exist or which have been resold by you. If you fail to do so, we reserve the right to enter any premises owned by you or controlled by you in which the Goods are located and seize the Goods. Any such demand will terminate your rights under clause 8.3.
9.0 Cancellation
For certain categories of Goods, you may, at our discretion, cancel your order or postpone delivery, subject to a cancellation charge, provided that prior written agreement has been made between us.
10.0 Returns
10.1 No refunds will be given for goods ordered in error. In special cases, and subject to prior written agreement with Xtreme Solutions SASU, returns are possible only if the product is unopened and in its original packaging. The restocking fee is 30% of the product price. In addition to the restocking fee, a handling fee will be charged. Discontinued products and special order products cannot be returned. If the logistics company’s personnel are unable to deliver the product to the address specified by the customer due to an incorrect address, or if the recipient refuses to accept the delivery, a refund of 30% of the product price plus will be made, along with the invoice. Products that have been removed from production or specially ordered products cannot be returned and will be resent to the recipient.
10.2 Xtreme Solutions SASU will always replace products where an incorrect product has been sent due to our error. In the event of a shipment containing an incorrect item, please contact us within 7 days of the invoice date. Notice must be sent in writing to admin@xtreme-sols-com.preview-domain.com.
10.3 All order cancellations must be submitted to admin@xtreme-sols-com.preview-domain.com. Special order and discontinued products cannot be cancelled. If a customer has received products from a cancelled order, the products may be returned contrary to writing and the price of the products refunded. Contact our RMA department to return products. Online RMA requests (admin@xtreme-sols-com.preview-domain.com) are required. We require RMA merchandise to be returned to our address within 7 business days after confirmation. The RMA will be canceled if the goods is not returned to our warehouse within 7 business days. All returns must be in their original packaging, undamaged and unopened, at your own cost and risk. If a product is returned without an RMA confirmation number, it will be returned to the sender and a RMA return processing fee will be charged. The RMA confirmation number must be on both the delivery note and the outer box. It is not permitted to write or affix your own labels on the original packaging. The sender is responsible for the return to Xtreme Solutions SASU.
11.0 Warranty
11.1 You must be satisfied that the products are fit for their intended purpose. We do not guarantee fitness for a particular purpose.
11.2 We do not warrant that goods delivered will function error-free or without interruption or that any software errors which may occur will be corrected.
11.3 You have no automatic right to have the goods repaired or replaced unless agreed by us. The goods are covered by a manufacturer’s warranty. You are not entitled to any other product warranty from us.
11.4 For a period of 30 working days from delivery of the goods, we undertake to replace or repair any defective goods only if:
11.4.1 You have notified us in writing of the defect within the stipulated period; and
11.4.2 You return the defective goods to us;
11.4.3 On inspecting the goods, we are satisfied that the defect found is due to a defect in material or workmanship and not due to mishandling, storage, neglect, installation, repair or alteration by the purchaser or to any accidental event.
11.5 Except in the conditions set out in clause 11.4, we shall not be liable for any defect arising as a result of goods being returned to us.
11.6 Clause 11.4 does not apply to any software and it is expressly stated that we are not liable for any errors or defects in any software supplied to you.
11.7 We shall not be liable for any loss arising from your failure to comply with any of our obligations under these terms and conditions, nor for any indirect or consequential loss, including loss of business, failure to realise anticipated savings, or any other indirect or consequential loss whatsoever, including loss of business or any third-party claim that we become aware of.
11.8 Goods returned as defective will be returned if they are subsequently found to not be defective. We reserve the right to charge a fee for the return of non-defective goods, including any costs incurred by the manufacturer in inspecting the goods for defects.
12.0 Limitation of Liability
12.1 Nothing in this Agreement limits or excludes our liability for death or personal injury arising from our negligence, fraud, breach of contract or any liability which cannot be excluded by law.
12.2 We shall not be liable to you for any loss or damage whatsoever.
12.2.1 We will only compensate you under
12.2.3 if:
12.2.1 We have not breached any legal duty owed to you or by our employees or agents;
12.2.2 The loss or damage was not reasonably foreseeable to us at the time we accepted your order; or
12.2.3 We will only compensate you under
12.2.1 if we or our employees or agents have breached any legal duty owed to you;
12.2.2 if the loss or damage was not reasonably foreseeable to us at the time we accepted your order; or
12.3 We will not be liable for consequential damages such as loss of business profits, loss of profits or other indirect damages.
12.4 Subject to clause 12.1, Our maximum liability to You under a Contract, whether for breach of contract, tort (including negligence) or otherwise, shall not exceed an amount equal to twice the price of the Goods ordered by You.
13.0 Intellectual Property
13.1 We will indemnify You against all costs and liabilities arising out of a claim that the use of any Goods supplied by Us infringes the Intellectual Property Rights of a third party. In this event, We may recover, replace or refund the purchase price (less depreciation) of the Goods.
13.2 You must notify Us in writing immediately of any infringement or misuse of the Goods or their Intellectual Property Rights.
13.3 We have sole control of the litigation, negotiation and settlement of all claims and you must provide reasonable assistance on request where the dispute directly relates to Goods supplied to you.
13.4 We will not indemnify you against:
13.4.1 any unauthorised modification in the use of the Goods;
13.4.2 any claim arising from the use of the Goods in connection with products not supplied by us;
13.5 You will indemnify us against: any claims in respect of any intellectual property rights specified by you or owned by you that are embodied in any goods you purchase from us;
14.0 Notice to Customers
14.1 You must inform your customers of these terms and conditions which affect or affect the purchase, use or disposal of the Goods, including intellectual property rights and any warranties provided by the manufacturer.
14.2 Application restrictions may apply to the use of the Goods. If the Goods are to be used for any purpose other than commercial or personal, you agree to obtain further information from us.
15.0 Images
Product images on our website are for illustrative purposes only and may vary slightly from the actual product.
16.0 Data Protection
16.1 We take your privacy very seriously. We will only use the information you provide to process your order for goods or to provide you with information about our products and services which we think may interest you.
16.2 Your personal data will not be used for any other purpose and will be stored on secure servers and processed in accordance with all applicable DK Data Protection Legislation.
16.3 Your personal data may be used by us and other companies in our group in accordance with this clause. We will take all reasonable precautions to prevent unauthorised access to your personal information. Personal information will not be sold or shared with unrelated third parties without your prior consent.
16.4 The information we collect from you may include: –
16.4.1 Personal information such as your name, email address, telephone and fax numbers, billing and/or delivery address
16.4.2 Financial data such as your credit card details.
16.4.3 Data that allows us to recognise you and learn how you use our website. This data is collected through cookies. Cookies are small files that we send to your computer and store on your browser or hard drive. They contain a unique number but no personal information. Data collected by cookies will not otherwise be shared with third parties and will only be retained for internal use.
16.5 If you do not want us to contact you about further details of our products and services please email us at admin@xtreme-sols-com.preview-domain.com.
17.0 Termination
17.1 Either party may terminate the agreement if the other party:
17.1.1 materially or repeatedly breaches these Terms of Use;
17.1.2 fails to remedy a breach within 30 days of the other party’s written request; or
17.1.3 ceases to carry on or substantially ceases to carry on its business; or
17.1.4 becomes insolvent or is unable to pay any debts due;
18.0 Force Majeure
We shall make every effort to comply with our obligations under the Contract. We shall not be liable to the extent that any failure or delay in the performance of our obligations under the Contract is caused by circumstances beyond our control. In the event of a delay, we shall comply with our obligations as soon as reasonably possible.
19.0 Notices
All notices from one party to the other may be sent by email, fax or by post to the address of the other party specified in the Order Confirmation or to such other address as a party may notify the other party in writing from time to time. If sent by email, it shall be deemed to have been received on the date of dispatch, unless otherwise proved. If sent by fax, it shall be deemed to have been delivered upon receipt of an error-free transmission report. If communicated by letter, it shall be deemed to have been delivered by ordinary post.
20.0 General
20.1 Deviations from these terms and conditions (including any special conditions agreed between the parties) shall only be valid if agreed in writing by us.
20.2 If any provision of this agreement is found to be invalid, illegal or unenforceable, this will not affect or impair the validity, legality or enforceability of the remaining provisions.
20.3 These terms and conditions and any contract with you are subject to Danish law and to the non-exclusive jurisdiction of the Danish courts.