Conditions of Use

Generel Conditions of Terms and Trade (last update: 18^th February, 2006)

1) Scope : 1) The following conditions are valid for all contracts, deliveries or other performances of xtrend.at that the buyer has ordered in the internet shop or directly. Hereby we expressively disagree to different general terms and conditions of trade of the buyer. All variations need our specifical and written confirmation. Our objects are subject to confirmation and without engagement.

2) Area of delivery : We deliver Europe-wide

3) Prices : All prices in the onlineshop are final prices incl. 20% value-added tax.

5) Transportation cost : The lump sum of transportation costs amounts to € 2.00 to all European countries. As of a goods value of € 20.- we’ll deliver free of delivery charges! COD (Cash On Delivery) charge amounts to € 3.50 plus dispatch lump sum and is possible only within Austria.

6) Minimum order value : There’s no minimum order value.

7) Ordering time / delivery time : You can order in the internet „round-the-clock“ or in a conventional way (post / fax). At availability the delivery will be carried out within a week incl. package termtime. The order normally leaves our store within 48 hours.

8) Xtrend.at particularly reserves the right not to deliver orders in the following cases: a) at no reaction on contacting the customer (tel./mail/fax) b) at not paid goods from deliveries back in time c) at incomplete information regarding the necessary data (mode of payment, address etc.)

9) Right of rescission : You are no longer bound to your order if you withdraw within a period of 2 weeks after receipt of the goods. The revocation doesn’t have to contain any explanations and can be performed in writing (e-mail is enough) or by return of the products (on our risk). To keep the term it’s enough to send it in time to: Xtrend.at. We’ll bear the costs for returning the goods if your order exceeds an amount of EUR 40.00. Please stamp the parcel sufficiently, we refund the postage amount to you then, otherwise we’ll have to deduct the postage due levied by the post from the refund amount. If you send back goods that are damaged or worn off the legally permitted amount will be brought in discount, you can avoid this by checking all functions of the item and to send them back without any traces of use and in the original packing. Individually manufactured goods are excluded from the return. The used colour hues can show deviations from the original due to restricted possibilities of representation. For hygienic reasons products, which are meant to be implanted into the body, are excluded from the right of conversion or return.

10) complaint / guarantee : complaint / guarantee: The guarantee will be carried out regarding the legal regulations, whilst we are authorized to deliver in addition or to improve in case of a defect of the product. If the improvement fails definitely or goods delivered in addition are defect as well, you can demand return of goods against refund of the agreed price or reduction of the purchase price.

11) Modes of payment : You’ll find further details in our ordering form.

12) Liability : ) Claims for damages resulting from delay, impossibility of the performance, breaches of contractual and legal accessory and protection obligations, faults at contract conclusion and extra-contractual liabilities are excluded, as far as the damage was not caused by negligently or wilfully acting. Independent from the legal justification, our liability is restricted to the triple amount of the supply price.

13) Data protection :Data protection: The data, which are necessary for an order, are saved electronically. Hereby the customer explicitly declares his consent. All personal information are handled confidentially.

14 )Consent : The customer expressly declares his consent to these general business terms by sending of his order.

Notes in accordance to the Distance Selling Act

1) Business purpose: Xtrend.at deals with piercing, silver and costume jewellery of every kind in the internet. Contact: see imprint.

2) Commencement of the contractual relationship: The contract will be concluded with the receipt of the e-mail, which contains a list of the ordered products as well as the additional expenses.

3) Changes regarding the amount and kind of the goods: We particularly reserve the rights for changes regarding the brand and quality as well as technical improvements of our items, i.e. we can deliver a performance (product or service) equal in quality and price. The amounts mentioned in the order confirmation is valid subject to the availability of the respective performance. The reserve is valid that the promised service won’t be performed, i.e. if an item is out of stock, it won’t be delivered.

4) Methods of payment: You’ll find further details in our ordering form.

6) Validity period of temporary offers: You’ll find the validity period of temporary offers in the respective offer.

Final provisions: Should single regulations of these general business conditions be or become ineffective, the validity of the other regulations is not touched. On the contrary the invalid regulations will be replaced by those, which resemble the wished purpose most.

1) Supplementary agreements are not reached. Contract additions are only effective, if they are confirmed in writing.

2) The customer can transfer his rights of a business relationship with the supplier only with a written consent of the supplier. A netting concerning the purchase price is only possible for the customer, if he has arranged a counterdemand execution-effectively and legally valid.

3) Place of jurisdiction is – as far as legally permitted – the place where the supplier has his business seat in Austria. It is regarded as contractual agreed that Leoben is the place of performance. The usage of Austrian law is regarded as agreed as well.

4) Xtrend.at is authorized at any time to change or complete these general business conditions including all possible attachments with an adequate period of notice. If the contract partner doesn’t contradict to the changed conditions within two weeks after receipt of the change notice or until the time when the changes shall become effective at the latest, they become valid according to the notice. If the customer contradicts in time, Xtrend.at is authorized to cancel the contract at the time when the changed conditions shall become effective.