These terms and conditions take effect upon sending an order through Xpellshopís shopping cart system or through resellers of Xpellshopís products. The terms of business take effect if the customer does not make an appeal immediately after placing the order.
In these terms and conditions, the term Xpellshop.com includes not only Xpellshop.com itself, but also all resellers who market Xpellshop.comís products on a commission basis.
1.1. The products offered online at Xpellshop.com are marketed to visitors to the shop in an unbinding manner.
1.2. Upon sending an order through the order system, the customer enters a binding agreement to buy the respective product.
1.3. This order may be accepted by Xpellshop.com within 5 business days through the activation of a download link, through direct sending of data via email or through shipment. After this period of time has passed, the contract is considered declined. Xpellshop.com is not obliged to accept every contract transacted through the order system. No explanation is required.
1.4. The receipt of the order to buy a product online is confirmed for each order electronically. This is done through an email sent automatically to the customer, in which particulars about the order are detailed.
1.5. When a purchase is made through one of our resellers, the ordering process proceeds through Xpellshop.com and its employees.
2.1. You may use a template with only one internet address. Should you have several addresses that are all redirected to this one site, then this is permitted. Exception: button templates can be used with up to three addresses. The term ďtemplate,Ē as used in the following, once more includes buttons.
2.2. . It is prohibited to circulate or resell the templates, intros, buttons, icon sets or other Xpellshop.com products or to disseminate further licenses without concluding an according contract with Xpellshop.com .
2.3. The templates may be modified by customers or third parties. Xpellshop.com extends, however, no guarantee of functionality once the original data has been modified.
2.4. It is furthermore permitted to customize an acquired template for a final customer. If a template will be used to this end more than once, each instance of customization requires a new license.
2.5. . Xpell.com is not committed to examine whether published templates violate the rights of a third party or laws of any kind. The user of a template is fully responsible for its content.
The user has to protect Xpell.com from claims of third parties or the person itself if the law is breached with a template.
2.6. We accept no responsibility for any damage or disadvantages that may arise out of using or not using a template. We do not guarantee complete functionality.
2.7. You agree to accept the licensing conditions when purchasing a template, an intro, an icon set or any other product of Xpellshop.com.
3.1. All of the prices given at Xpellshop.com are gross prices and include the19% state sales tax. Any shipping costs, if applicable, will be added. The prices charged are those given at the time of online purchase at Xpellshop.com.
3.2. Payment of the invoiced amount is possible through the following payment systems:
Bank transfers (domestic and international)
Credit card (Mastercard, VISA, American Express)
3.3. The product ordered is delivered to the customer (through downloads, emails or shipments) only upon the receipt of payment. This is the case:
for bank transfers, when the invoiced amount has arrived in our account;
for PayPal, upon the receipt of the invoiced amount in our PayPal account email@example.com and following a confirmation (max. 12 hours);
for credit card, upon confirmation by the credit card payment system that the invoiced amount has arrived in our account.
3.4. Should the invoiced amount not arrive within 7 business days, Xpellshop.com may declare the contract null and void without further explanation.
3.5. . The currency used by Xpellshop.com is the Euro. Payments in other currencies may be arranged with us and are carried out in accordance with the current exchange rate. Xpellshop.com is not obligated to accept currencies other than the Euro.
4. External labor / Customization
4.1. The customer may hire Xpellshop.com to do work that is carried out by subcontractors.
4.2. If a contract for external labor is invoiced from and is concluded under the name Xpellshop.com, the customer / buyer is obligated to exempt Xpellshop.com from any liabilities that arise out of the conclusion of the contract, especially from Xpellshop.comís commitment to the other parties involved to pay for the external labor.
4.3. The customer may hire Xpellshop.com to customize template according to his specifications. When doing so, the customer must provide all necessary information.
4.4. The customer guarantees that the information made available does not infringe upon the rights of third parties. The customer is responsible for protecting Xpellshop.com from claims made by third parties or the person himself in the event of infringements committed through or with such information.
4.5. The modified template is made available to the customer through a download link.
4.6. Xpellshop.com is not obligated to store the created or modified product for a long period of time. The customer is responsible for his own actions and accordingly secures the data on his own system.
4.7. Desired modifications are put on record in written form on the invoice.
5. Property, return
5.1. The customerís possession of the acquired product first begins upon our receipt of the payment in full.
5.2. The customer only has the right to claim money when his counterclaims are established legally, are indisputable, or are acknowledged by us.
6. Issuing data/downloads/login information
6.1. All of Xpellshop.comís products are made available as downloads. It is the customerís responsibility to ensure that he provides us with his correct email address so as to receive the download link.
6.2. Should the customer not receive an email with a download link due to a spam filter, this is not the responsibility of Xpellshop.com.
The customer ensures that he will look for the respective email in his regular inbox and in any other inboxes that are part of his email service. Spam inboxes are included in this.
6.3. Should the email provider used by the customer for whatever reason not allow the receipt of an email by Xpellshop.com, this is not the responsibility of Xpellshop.com.
6.4. The download link for the product is, unless otherwise arranged, active for 3 days following its original activation. Xpellshop charges a processing fee for reactivating a download link. The charge in this case is 5 Euro including sales tax.
6.5. The risk and cost of transport of data storage media, files and data, both online and offline, is borne by the customer. He is responsible for correctly downloading the product. Xpellshop.com makes a 99% guarantee that all products are constantly available during the download time period agreed upon.
6.6. Xpellshop.com is not liable, with the exception of deliberate acts and gross negligence, for flaws in data storage media, files and data. Xpellshop.comís liability is excluded in the case of errors in data storage media, files and data that occur during import on the customerís system.
6.7. When orders are transacted, customersí data is stored and handled confidentially by Xpellshop.com. This data is not circulated without the customerís explicit permission except when such forwarding is necessary for the processing of the order. (PayPal, credit card payments)
6.8. Login information provided to the customer is to be protected by him in an appropriate way against access from third parties.
6.9. Should the customer request the deletion of his data, he should do so in written form to Xpellshop.com. The deletion will be confirmed by email or letter. Xpellshop.com ensures that the customerís data is permanently removed from the system after deletion.
7.1. Xpellshop.com is only liable for damage that he or his agents cause out of intent or gross negligence. This is also true for damage resulting from positive breaching of contract or from prohibited action.
7.2. Delivery and return of works and graphic masters is done at the peril and expense of the customer.
7.3. The customer is responsible for correctness of design and text upon purchase of a work.
7.4. Xpellshop.com is not liable for the admissibility of its drafts and other design works with regard to antitrust laws and the protection of trademarks as well as with regard to their registrability.
7.5. Reprimands or complaints of any kind have to be addressed in written form to Xpellshop.com within two weeks after the purchase. After this period of time, the purchase is regarded as carried out according to contract and without fault.
8.1. Capture and processing of data
For system-related and statistical purposes, every instance of access to our site as well as every request for data stored in our database is logged. In this process, the following data are logged: the name of the data requested, the date and time of the request, the amount of data transmitted, notice of successful delivery, the web browser, the domain of the inquiring party and the IP address of the inquiring computer. Only when you volunteer to allow additional data to be captured do we proceed with this. This occurs, for example, in the context of a request or registration.
8.2. Use and circulation of personal data
When you allow us access to personal data, this data is used solely for the purpose of answering your questions, processing finalized contracts and technical administration. Circulation or transferring your personal data to third parties is only undertaken by us for the purpose of processing contracts, in particular the giving of data pertaining to orders made to distributors, or when it is necessary for invoicing or if you have agreed. You may at any time revoke your consent to the circulation of your personal data to third parties and this will immediately take effect. Your personal data is deleted when you revoke your consent to storage, or when the purpose for which your original data was stored is no longer valid, or when governmental regulations prohibit its storage.
8.3. Right of access to personal data
We will gladly send you written information about personal data of yours that we store.
8.4. Security Advice
We make a continuous effort to exhaust all technological and organizational possibilities of protecting your personal data against access by unauthorized third parties. It cannot, however, be guaranteed that email communication is without risks and we therefore recommend sending confidential information via regular mail.
9. Final Clause
9.1. If the customer has no place and court of jurisdiction in the Federal Republic of Germany or if he moves his location or usual residency abroad after accepting this contract, it is agreed that the place of residency of Xpellshop.com will be court of jurisdiction.
9.2. If one of the above terms of business should not be valid, this will have no effect on the validity of the remaining terms of business.
9.3. Any deviation from the general terms of business requires written form and must be documented separately.