1) SCOPE OF APPLICATION
1.1 These Terms and Conditions of the company XESOLE, a subsidiary of AXT COMPANY, INC (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the online shop of the Seller. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.
2) CONCLUSION OF THE CONTRACT
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 The Client may submit the offer by the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Seller may accept the Client’s offer within three business days
- by transferring a written order confirmation or an order conformation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after they placed their order.
Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by their statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent the offer and ends on expiry of the third business day following the sending of the offer.
2.5 The contract’s content will be stored by the Seller and will be deemed accepted by the Client after the Client has submitted their order and paid for the contracted amount. In addition, the contract’s content will be stored on the Seller’s website and can be found by the Client in the customer login via the password-protected customer account, provided the Client has created a customer account in the online shop prior to or during submission of their order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse function prior to submitting their binding order. In addition, prior to submitting the order, all data entered will be displayed in a confirmation window and can be corrected here as well, via the usual keyboard and mouse function.
2.7 The contractual language is English.
2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address they provide for the order processing is accurate so that e-mails sent by the Seller can be received at this address. Particularly, it is the Client’s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) RIGHT TO CANCEL
3.1 Customer may cancel their order within three business days of submission only. Once their order gets beyond three business days then they may no longer cancel their order. They will get an automatic email about the status change. Once this happens we will no longer have the ability to cancel their order. Customer will also not be able to cancel their order.
During the initial three days following order submission, then customer has the right to cancel the order by contacting the support of the webshop or by login to their account in the webshop.
If customer wishes to make a change in already ordered product, then they must first cancel their order and go to their profile in the webshop. Through there they must go to “my orders” and click on the ordered product they wish to edit. The they will go to the product page with configuration features and may make the desired changes. Then they must make a new order. They must also be sure that they have cancelled their previous order.
4) PRICE AND DELIVERY COSTS
4.1 Unless otherwise stated in the product descriptions, prices indicated include the cost of shipping to the customer. Client is responsible for any statutory value-added taxes, tariffs, or fees imposed by national, state, or local governments.
4.2 For deliveries to countries outside the United State, the United Kingdom, or the European Union, additional costs may arise which are beyond the Seller’s control. They shall be borne by the Client. Such costs are for example money transfer costs (transfer fees, exchange rate charges) or customs duties or import taxes.
4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop. PayPal is seller’s payment gateway.
4.4 All payments shall be due immediately upon placement of the order.
4.6 The prices of all products are in USD.
5) SHIPMENT AND DELIVERY CONDITIONS
5.1 Goods are generally delivered on dispatch route to the delivery address indicated by the Client. For the transaction procedure the delivery address specified by the Client in the ordering process shall be applicable. By way of derogation, when choosing the payment method PayPal, the delivery address provided by the Client to PayPal at the time of payment shall be applicable.
5.2 Should delivery to the Client not be possible, the assigned transport company returns the goods to the Seller and the Client bears the cost for the unsuccessful dispatch. This shall not apply if the Client is not responsible for the event that entails the impossibility of delivery, or if they have been temporarily impeded to receive the ordered goods, unless the Seller has given notice to the Client in an adequate period of time prior to the delivery.
5.3 The Seller reserves the right of partial delivery. In this case the Seller informs the Client at which point of time all installments will be delivered. Delivery should be completed within a reasonable period of time. Additional costs will not be claimed for such partial delivery. However, if the Client has asked for partial delivery, the Seller reserves the right to charge the Client the additional delivery costs.
5.4 The risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client when they come into the physical possession of the Client or a person identified by the Client to take possession of the goods.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if they have concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods they shall inform the Client without delay and payments made by the Client will be immediately refunded.
5.6 Collection by the Client is not possible for logistical reasons.
5.7 Upon receipt of a duly placed order for which payment has been received, Seller will begin manufacturing the client’s order. Manufacturing requires 3-4 weeks for completion. Seller shall ship to client to the delivery address specified in the order via commercially reasonable means at their sole discretion.
6) LIABILITY FOR DEFECTS
6.1 The client must report any and all defects of the products received within three business days of receiving the order.
6.2 Since the product is manufactured to the specific size requested by the Client at the time the order was placed, size and fit shall not be deemed defects and will not be eligible for refund.
6.3 If Client rejects the product due to defect other than size or fit, the client must return the product at their cost.
7) LAW AND JURISDICTION
7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships between the parties are governed by the law of the country where the Client has their habitual residence, excluding the UN-Convention on Contract for the International Sale of Goods and the courts of the State where the Client is domiciled will have exclusive jurisdiction over any dispute relating to these relationships.
8) INFORMATION ABOUT ONLINE DISPUTE RESOLUTION
The EU Commission provides on its website the following link to the ODR platform: http://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.