Terms & Conditions

TERMS AND CONDITIONS

Last updated: [24.09.2021]

1. Introduction
This Site is operated by the company XTERRA EUROPE SMPC (the “company” or “we”), having its registered office in Gounari 78, 16561 Glyfada Athens Greece (Office Plus+ Business Centre), with TIN 801483146, Business Registry No. 157746401000 and email shopeu@xterraplanet.com.  

By visiting our Site/ and or purchasing, you agree to be bound by the following Terms and Conditions (“Terms”), including any supplemental terms and conditions or documents that may be posted on the Site and they are expressly incorporated herein by reference. These Terms apply to all users of the Site.

All users who are minors (under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. 

2. Intellectual Property Rights
The Site is our proprietary property. No part of the Site and no Content (e.g. software, website, designs, text, photographs, graphics etc.) or Marks (e.g. trademarks, logos etc.) may be copied, reproduced, posted, publicly displayed, distributed, sold or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

You are granted a limited license to access and use the Site solely for your personal, non-commercial use. By using the Site, you warrant that you will not use the Site for any illegal or unauthorized purpose and that your use of the Site will not violate any applicable law or regulation.

3. Products
We make every effort to display as accurately as possible the colors and the features of the product(s) available on the Site. However, we cannot guarantee that your electronic display may accurately reflect the actual colors and features of the product(s).

All products are subject to availability and we cannot guarantee that items will be in stock. We reserve the right to discontinue any product(s) and/or limit the quantities of any product(s) at any time for any reason. Prices for all product(s) are subject to change at any time without notice, at the sole discretion of us.

4. Purchases and Payment
You agree to provide current, accurate and complete purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information (e.g. email address, payment card expiration date etc.), so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order placed through the Site. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change to or cancel an order, we will notify you via the email address and/or the billing address and/or the telephone number provided at the time the order was placed.

5. Shipping of orders
Orders are delivered via DHL courier service.

Orders over 90 euros (including VAT) have free shipping.

Shipping costs for orders between 75 euros and ninety 90 euros (including VAT) are 6.90 euros.

Shipping costs for orders below 75 euros (including VAT) are 16.90 euros.  

If you are in a remote area, shipping costs may be higher (remote areas are characterized as such by the courier companies). Also, please be aware that shipping costs may be modified, depending on the specific features of each and every order. In any case, you can contact us at  shopeu@xterraplanet.com  to inform you exactly about the shipping costs. 

The expected time of delivery is 2 – 6 working days. Depending on the availability of the product(s) and/or the shipping destination or due to unforeseen conditions or force majeure (e.g. nationwide strike of transport workers, etc.), delivery times may increase.  

Orders placed on public holidays are handled on the first working day after, when the programmed delivery time begins to count.

We are not responsible for any delays due to events beyond of our control. Indicatively, delays can be attributed to strikes, loading-unloading areas, pandemics, extreme weather events (e.g. harbor detention). In the event of any delays, our company will make every effort to deliver your order as soon as possible.

At the moment, we ship to the following European countries.

Countries

Austria

Italy

Belgium

Latvia

Bulgaria

Lithuania

Croatia

Luxembourg

Cyprus

Malta

Czechia

Netherlands

Denmark

Poland

Estonia

Portugal

Finland

Romania

France

Slovakia

Germany

Slovenia

Greece

Spain

Hungary

Sweden

Ireland

Switzerland

 

We DO NOT ship to: The United Kingdom, USA, Canada and Asia.

6. Returns Policy
The address in which the products have to be sent for return is:

XTERRA Europe SMPC

Office Plus+ Business Centre Gounari 78, 16561 Glyfada Athens Greece

6.1. Returns due to error

In the case that we deliver a different product or a different quantity from the requested, you should notify us within four (4) calendar days upon receipt and we will recommend you a FREE method, so we can take it/them back and either resend you your order or cancel the order. In order for the return to be accepted, the following must apply:

  • The package should be intact without damage and tears, and should include all the documents it originally included upon delivery.
  • The product(s) need to be in its original condition and intact.

6.2. Returns of defective/damaged products  

In case of a construction defect, we will proceed as following:

  • The product(s) considered with a construction defect should be shipped back to us within four (4) calendar days upon their receipt. The return of the product(s) to the company is made exclusively via DHL courier service.
  • The package you wish to return should include all the documents it originally included upon delivery. The product(s) need to be in its original condition and intact.
  • Just as we receive the package, we will inspect the condition of the product(s) and we will inform you as soon as possible via email. If we acknowledge the construction defect, we will fix it or we will replace the product(s) accordingly. In case none of the above is possible, we will proceed to refund within ten (10) working days, without our further liability whatsoever (shipping costs are not returned).
  • The shipping costs, for both the return of the product(s) to the company and the delivery of the replaced product(s) to the customer, are charged to the company.
  • In case we receive the product(s) damaged or there is something missing, we reserve the right to ask for compensation from the customer, the amount of which will be determined by the condition of the product(s), and to proceed unilaterally to total or partial offset of our claim towards the customer.

In the unfortunate case that the product(s) is/are delivered damaged, please inform, within 8 hours upon receipt, the courier company to take responsibility as well as our company, at shopeu@xterraplanet.com in order to assist you.     

  • Replace of non-defective product(s)

You reserve the right to replace the product(s) within a period of fourteen (14) calendar days upon receipt. In that case we will proceed as following:

  • The package should be intact without damage and tears, and should include all the documents it originally included upon delivery.
  • The product(s) need to be in its original condition and intact.
  • Just as we receive the package, we will inspect the condition of the product(s) and we will inform you as soon as possible via email. The acceptance or not of the returned product will be done after it has undergone a quality check from our company and the state of the returned product has been evaluated.
  • Shipping costs for both the return of the product(s) to the company and the delivery of the replaced product(s) to the customer, are charged to the customer. We are not liable for any damage, loss or theft that may occur while shipping the product(s) back to the company.
  • In case we receive the product(s) damaged or there is something missing, we reserve the right to ask for compensation from the customer, the amount of which will be determined by the condition of the product(s), and to proceed unilaterally to total or partial offset of our claim towards the customer.

Please be aware that may be exceptions for specially made products and other items.

Customer’s right of unjustified withdrawal

You reserve the right to withdraw from the purchase within a period of fourteen (14) calendar days upon receipt of the product(s). The withdrawal takes place under the following conditions:

  • The withdrawal is declared in writing (via email at shopeu@xterraplanet.com).
  • The withdrawal is unjustified.
  • The customer should return the product(s) within fourteen (14) calendar days from the day he/she notified us of his/her request for withdrawal. The customer should return the product(s), with all its/their included items, the accompanying documents and its/their packaging in original condition and intact.   
  • We are obliged to return to the customer the amount of money we received within fourteen (14) calendar days from the day he/she notified us of his/her request for withdrawal, under the condition that we have received the product(s). Shipping costs are not returned.
  • Shipping costs for the return of the product(s) to the company are charged to the customer.  
  • In case we receive the product(s) damaged or there is something missing, we reserve the right to ask for compensation from the customer, the amount of which will be determined by the condition of the product(s), and to proceed unilaterally to total or partial offset of our claim towards the customer.

Please be aware that may be exceptions for specially made products and other items.

7. Transfer of risk

The risk of loss or damage of the product(s) is transferred to the customer when he/she or a third party, which is designated by the customer and different from the carrier, has acquired physical possession of the product(s). However, the risk is transferred to the customer upon the delivery to the carrier, if the carrier has been appointed by the customer to transport the product(s) and this option has not been offered by the company.

Please make sure your shipping address is correct. After an order has been delivered to the address that you have indicated, we are not liable for the packages/product(s).

8. Comments and Reviews

We may provide you areas on the Site to leave comments/reviews. When posting a comment/review, you must comply with the following criteria: 1) you should have firsthand experience, 2) your reviews should not contain offensive profanity or abusive, racist or hate language, 3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability, 4) your reviews should not contain references to illegal activity, 5) you may not post any false or misleading statements, 6) your comments should not violate any right of any third – party, including copyright, trademark, privacy, personality or other personal or proprietary rights and 7) you may not organize a campaign encouraging others to post reviews, whether positive or negative. 

We may accept, reject or remove comments/reviews in our sole discretion. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our partners. You are solely responsible for any comments/reviews you post and their accuracy. We do not assume liability for any comment/review or for any claims, liabilities or losses resulting from any comment/review.  

9. Privacy Policy
We care about the privacy and security of your data. Please review our Privacy Policy posted on the Site. By using the Site, you agree to be bound by our Privacy Policy.

10. Limitation of liability
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, secure or error-free. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. 

We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. We do not guarantee the availability of the product(s), but we inform the customer about the availability or not. We undertake to inform the customer on time about the non-availability, in which case we do not bear any further responsibility.

We do not warrant, endorse, guarantee or assume responsibility for any product or service may be advertised or offered by a third-party through the Site, any hyperlinked website or any website or mobile application featured in any banner or other advertising and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

In no event will we or our directors, employees or agents be liable to you or any third-party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, lost profit, lost revenue, loss of data or other damages arising from your use of the Site, or for any other claim related in any way to your use of the Site, even if we have been advised of the possibility of such damages.

11. Indemnification
You agree to defend, indemnify and hold us harmless, including all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of:
  • Your use of the Site
  • Breach from your side of these Terms
  • Any breach of your warranties set forth in these Terms
  • Your violation of the rights of a third-party, including but not limited to intellectual property rights
  • Any overt harmful act toward any other user of the Site, with whom you connected through the Site

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

12. Changes, Interruptions and Corrections
We reserve the right to change, modify and/or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third-party for any modification, price change (including shipping costs), suspension or discontinuance of the Site. Your continued use of or access to our Site following the posting of any changes constitutes acceptance of those changes. In our sole discretion, we also reserve the right to change or modify these Terms at any time and for any reason. Any updated version will be effective as of the “Last updated” date. It is your responsibility to periodically review these Terms to stay informed of updates. If you do not agree with all of these Terms and Conditions, then you may not access the Site or/and use any services.  

We cannot guarantee the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays or errors. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.  

We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, without prior notice.

13. Termination
These Terms shall remain in full force and effect while you use the Site. If in our sole judgment you fail or we suspect that you have failed to comply with any term or provision of these Terms, we will terminate your use or participation in the Site without notice and you will remain liable for all amounts due up to and including the date of termination. We accordingly may deny your access to our Site. We also reserve the right to take appropriate legal action, including but not limited to pursuing civil, criminal and injunctive redress.

14. Severability
If any provision or part of a provision of these Terms is determined to be unlawful, void or unenforceable, that provision or part of a provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

15. Governing Law and Dispute Resolution
These Terms and your use of the Site are governed by and construed in accordance with the laws of Greece.

In the event that any dispute arises between us and if after your relevant request we do not manage to reach a mutual agreement between us, we inform you that you have the opportunity to contact the Electronic Dispute Resolution platform (webgate.ec.eurora.eu / odr) which is directly linked to the competent independent Authority "Consumer Ombudsman" (//www.synigoroskatanaloti.gr) to which you can submit a request for the resolution of the dispute so that our company can then be called by the competent Authority at its email address shopeu@xterraplanet.com. The company recognizes in the context of good faith the advisory nature of the decisions of the Authority to be addressed and is not committed to the enforceability of these decisions.

In any case of non-compromise settlement, the courts of Athens are appointed to resolve any dispute.

16. Contact
In order to resolve a complaint regarding the Site or to receive further information regarding these Terms, please contact us by e-mail at shopeu@xterraplanet.com or by mail using the details provided below:

XTERRA Europe SMPC

Office Plus+ Business Centre Gounari 78, 16561 Glyfada Athens Greece

TIN: 801483146, Business Registry No.: 157746401000