General Terms & Conditions

General Terms & Conditions

(25. June 2022)

1.General

Az XS-ALU Building Systems Kft. All contractual agreements from the EU Zone entered into by XS-ALU Building Systems KFT. (Hereinafter referred to as “XS-ALU”) and customers are subject to the General Terms & Conditions applying at the time the contract takes effect.

Please, read carefully this document before placing your order, because you are considered to have accepted the current General Terms and Conditions by making your order.

The language of the contractual agreements covered by these General Terms and Conditions is English.

The contractual agreements which are subject to the current General Terms and Conditions are not deemed to be written agreements, thus the Seller is not entitled to file them.

Official data of the Seller as a service provider:

Name: XS-ALU Building Systems Kft. – limited liability company

Headquarters: 9400 Sopron, Lackner Kristóf utca 27

Postal address – same as above.

Tax number: HU29226461-2-08

Name of the Representative / authorized person to sign:

Csősz Botond István & Balogh Tamás

Registry: Fővárosi Törvényszék Cégbírósága

Company registration number: 08 09 033110

Bank: KH Bank

HUF account number – IBAN: HU89 1040 2908 5052 6987 7654 1007

EURO account number – IBAN: HU94 1040 2908 5052 6987 7654 1014

SWIFT/BIC: OKHBHUHB

Bank: Wise

EURO account number – IBAN: BE75967258261351

BIC: TRWIBEB1XXX

Email: info@xs-alu.com

Mobile phone: +36 20 4099 893, +36 20 4096836

Mobile phone: +43 660 1229 382

2.Contracting

Orders can be placed by e-mail (info@xs-alu.com) or on the website www.xs-alu.com by any person from the European Economic Area, regardless of residence, origin or nationality. Orders outside the European Economic Area are subject to the general logistical restrictions and tax rules.

Persons or companies can order from outside the EU zone through e-mail info@xs-alu.com with a pre-described list and by providing all necessary data for issuing invoices.

We are unable to provide warranties for installed products by other companies than us, or installed by the customers or the home owners themselves, in or outside the EU unless this is subject to a separate contract, and agreement form.

All contractual agreements in force are concluded between XS-ALU and individual or business customers (hereinafter referred to as Consumer or Customer) who are legally competent persons over the age of 18 or legally registered companies.

If XS-ALU should unintentionally enter into a contractual agreement with an individual or business personnel who are legally incapable of entering into contracts, any contractual agreement between the two parties becomes void with immediate effect.

Ordering from www.xs-alu.com does not require customer registration or the creation of an online account. Customers only need to enter their own data, fill in all mandatory fields correctly, so that XS-ALU can verify them and fulfil the orders.

Contract – offer, order

A contract is concluded between the Customer and XS-ALU when the order is completed. The process:

The detailed Quotation considers the parameters provided by the Customer, which include the type, material, size, quantity, colour, special requirements and their technical feasibility, opening methods, gross and net sales price of the product. By e-mail, the project manager will inform the Customer of the commitment period, the cost of delivery (if requested by the Customer) and the approximate cost of installation by the Seller (this may vary depending on the difficulty of the installation).

The Quotation is valid for 30 days from the date of the offer unless a different period is indicated. The offer can be modified once free of charge, but further modifications are only possible for a surcharge.

The order becomes effective when the Customer signs the technical drawing of the ordered structure and sends it to XS-ALU by e-mail, and the 50% deposit (Proforma) is paid. The production deadline is calculated from the date of payment. This is described in more detail in point 6 of the GTC.

Please note that orders and requests for quotes placed on our social pages (Facebook, Instagram, etc.) and on our website do not count as final orders. They only take effect after the order process described above has been completed.

Partial invalidity, code of conduct

Even if any part of the General Terms and Conditions has legal discrepancy or is inoperative, the rest of the agreement remains in effect and the relevant regulations shall be applied instead of the inoperative or discrepant part.

The Seller has no code of conduct complying with the prohibition on unfair business practice against customers.

Correction of false data – Liability for the validity of the data

Please, note that it is your responsibility to guarantee that the data shall be accurately provided as it will serve as the basis for issuing invoices and delivery.

By placing your order, you acknowledge that you are obliged to pay compensation for any and all loss or damage suffered by the Seller arising from incorrect or inaccurate data provided.

In the event of incorrect or inaccurate data, XS-ALU will refuse to fulfil its obligation. It is important to note that an incorrect e-mail address or account content may, by default, result in the order confirmation failing and thus prevent the contract from being concluded.

Information on the main features of the products

You can find information on the main features of our products in the Details section and on the product datasheets on our website. We also provide our customers with assembly drawings and installation instructions after the order has been completed.

Important Notice:

• we always recommend to install our products with help of accredited window and door installers,
• We design and manufacture our products according to the needs of our customers and therefore they are made in individual sizes,
• doors and windows may fall out because of wrong installation,
• Neither interior or exterior windows and doors nor fixed glazing are considered as barriers. The use of handrails is recommended in front of partition walls between levels where there is a risk of falling out,
• doors and windows contain glass, that is dangerous in any form,
• doors and windows do not have finger protection installed as standard,
• doors and windows are not toys for kids, and during installation keep the kids and animals on a safe place, with great distance to the installed specimen,
• fall out of glass or frames, leaf’s from windows or doors may result in severe damage to children or others, even for animals present nearby,
• closing the doors or windows with high speed or force may result to glass breakage,
• our doors do not contain batteries or other electrical components as standard.
• The toughened safety glass used in windows and doors sometimes shatters into small, fragmented pieces due to movement or the stress released. We cannot be held responsible for any damage caused, but we will replace the glass if it breaks during our installation.

XS-ALU reserves the right to refuse orders.

XS-ALU reserves the right to change the price of shipping and handling if the customer has ordered a standard shipment for the products.

A legally binding contract will be formed between XS-ALU and the Customer at the time of confirming the order, or at the time the Consumer has received the goods.

Any automated message sent by WooCommerce plugins (www.xs-alu.com or .shop) or the WordPress homepage or XS-ALU to Consumers in response to Consumers submitting their orders does not constitute a formal order confirmation.

XS-ALU always confirms the order after agreement with its customers and the pre-paid payment information.

XS-ALU reserves the rights to reject these emails and to re-answer these with corrected data.

3.The right to cancel and return policy

General rights

The Customer has the right to cancel the order within five (5) days of the transfer of the advance payment without giving any reason but must inform XS-ALU in writing (by e-mail) or orally (by telephone). No cancellation is possible if the order has already started to be delivered (or has been handed over to the postal or parcel delivery staff) to the address provided.

Please send mail or e-mail to:

XS-ALU Building Systems Kft.

9400 Sopron, Lackner Kristóf utca 27

info@xs-alu.com

Customers are asked to write about their Order by providing the order number and date of order, and the credentials needed to identify them.

If the delivery consists of several separate shipments, the delivery period starts on the day on which the Customer or a representative acting on his behalf has ordered and paid for all the products included in the shipment.

Our cancellation or refund policy

If the Customer has cancelled the order and delivery has not yet started, XS-ALU will refund all payments made by the Customer within 15 days.

However, XS-ALU is not able to refund the delivery costs incurred by the Consumer order if the shipping has commenced or order has been placed to members of postal or carrier services.

In addition, XS-ALU cannot refund the design fee for individual projects that have been invoiced in advance. The planning starts immediately after the payment is made, so we are not able to provide a refund.

Refunds

Unless for standard doors and windows, we are unable to provide any refunds, since all products are custom-made, so can’t be sold again to other Customers.

For standard size doors and windows, unless otherwise agreed, XS-ALU will issue refunds by using the same payment method that Customer has chosen when paying for the order. If the original payment method is not an available option, XS-ALU will refund the Customer by arranging a bank transfer.

XS-ALU shall have the right to refuse to issue a refund until any goods dispatched to the Customer, under the terms of the contract have been returned by the Customer.

The Buyer must return the goods within 10 days of the date on which the Buyer notifies XS-ALU of his/her intention to withdraw or request a refund. The goods must be returned in their original packaging, undamaged and free from scratches and other visible damage.

Customers must provide proof of return upon request.

Upon receipt, all returned goods will be examined for scratches, damages and the original packaging.

If damage is found during the above checks, we will not be able to offer a refund or replace the used product. In all cases, the shipping costs of the product will be covered by the Buyer or the Consumer.

However, if some parts do not function well, we are able to send new parts for exchange, but we are unable to provide financial help for exchange on site or to reinstall the specimens correctly.

We will process your return as quickly as possible and will notify you by email once your refund, replacement or exchange has been processed.

During busy periods, please allow a maximum of 15 working days for your refund, replacement or exchange to be processed.

Please note that delivery charges are not refunded!

Return costs

If cancelling an order, or requesting a refund involves returning items to XS-ALU the Consumer agrees to pay the cost of return delivery, plus the costs to arrange these orders to be shipped back to XS-ALU address.

It is the responsibility of the Buyers to ensure that the unpacked product to be returned is properly repackaged and ready for shipment. We are unable to take back damaged or improperly packaged products.

In the event that XS-ALU has sent a product to the Customer in error, or if the Customer has received a defective, unusable or damaged product from the factory, the costs of returning the product will be covered by XS-ALU. This must be supported by original, good quality photographs taken on the day of delivery, together with the signature of the delivery company or driver.

In these cases, the Customer must notify and send proof of evidence as soon as possible, in maximum of two days after the delivery date or receipt of items.

Voluntary returns

Damaged products by the Consumer, custom-made products or items, products without original packaging cannot be accepted by XS-ALU and cannot be refunded.

All surcharges incurred by returning an item with insufficient postage will be billed to the customer.

The following general conditions always apply:

A.) returned goods must be unused, unscratched, sealed and contain standard size products

B.) returned goods and packaging must be in perfect original condition and clean as delivered

C.) all goods must be returned with all components and packaging.

Please note: Your right to return items voluntarily does not affect your Right to Cancel, or your statutory rights.

Exempt from this cancellation and return policy the above-mentioned rights do not apply to:

A.) orders for the supply of custom-made goods after the Consumer’s specifications or are clearly personalized

B.) Because of the rules on the sale of products outside the EU zone, a separate contract and individual agreement must be concluded in such cases.

C.) Periodical deliveries under contracts and other individual agreements

4.Inspection and damages

The Consumer shall have the right to inspect any goods received from XS-ALU.

This inspection may include carrying out a function test to ensure the purchased item is in full working condition.

The Consumer is liable for any depreciation of items resulting from inappropriate use during the inspection of the goods.

The Customer shall be liable for any damage to the products purchased during installation, except when ordered from XS-ALU with installation.

The windows contain glass, which is a major source of danger! The toughened safety glass used in windows and doors sometimes shatters into small, fragmented pieces due to movement or the stress released. We cannot be held responsible for any damage or personal injury caused by such an incident, but we will replace the glass if it breaks during our installation.

The sound insulation of our products has been tested in laboratory conditions. Documentation of all sound insulation values is available and can be requested when ordering or purchasing any product.

Limited availability, pre-Ordered items

In case of items no longer available at the time, the Consumer’s order has been received, XS-ALU reserves the right to:

A.) offer the Consumer items and services matching both the quality and price of the original order

B.) to cancel the order entirely with a full refund.

Other errors

XS-ALU reserves the right to amend product details in printed catalogues/on websites if they should be found incorrect or incomplete.

Different colours, such as black or mart finish, are always considered as custom-made case orders and a 100% match is impossible. Minor variations may occur.

5.Damage caused

XS-ALU shall not be liable for any damage, direct or indirect, resulting from the incorrect use or installation of products or items, unless gross negligence.

All XS-ALU products are newly developed special products. Every single feedback that our customers send us helps us to improve.

To protect the environment and safety, please read the instructions before installation. If possible, seek professional assistance. Before use, please check that the installation of the windows and doors has been carried out correctly.

6.Shipping and delivery time

Unless otherwise agreed, the GTC 2. as described in the contract and within 6-10 weeks of receipt of the 50% advance payment to the Seller.

If the last day of the delivery period falls on a Saturday, Sunday or a public holiday in Hungary or Austria, the delivery period is extended to the following working day.

7.Shipping & delivery prices

The Customer shall pay a delivery fee of HUF 235/km net, which is twice the distance (round trip) from the XS-ALU warehouse (Régi Veszprémi út 14-16, 9028 Győr, HU) to the exact installation address provided by the Customer.

7.1. Waste management

The installation fee does not include the removal of demolition waste and dismantled windows and doors! With reference to the 45/2004. (VII. 26.) BM-KvVVM EU regulation is the customer’s obligation.

The price does not include any storage, security, toilet/water/toilet/gas, insurance, cleaning and other service charges.

In all cases, there is a surcharge for waste removal, i.e. the cleaning up and removal of waste.

8.Survey

If the Customer cannot provide precise parameters and quantities for the product when requesting a quotation, the Customer may request XS-ALU to provide a (survey) specialist to determine the exact parameters of the survey site. This service is subject to a fee (depending on the km), but the survey fee will be deducted from the final invoice after the purchase. No charge if the survey is carried out after the 50% deposit has been paid. A specialist will carry out the survey at the address provided by the Customer at a pre-arranged time.

If the Customer does not require a survey but has provided XS-ALU with data on the product, the Customer acknowledges by placing the order that the dimensions and units of measure of the product specified by him and included in the order are accurate and that XS-ALU may commence production and procurement of the product to that size, for which XS-ALU is not entitled to accept any subsequent complaints.

9.Installation

The offer provided by XS-ALU includes the cost of installation if the Customer has notified XS-ALU in advance of his/her request.

By signing the order, the Customer accepts that he/she has received adequate information from XS-ALU about the installation, expected delivery date, and other details of the products included in the order. The installation is carried out at a time agreed in advance by XS-ALU, with the assistance of a specialist provided by XS-ALU.

The Customer must provide the installer with the appropriate conditions for the installation at the agreed time (good accessibility, completion of any foundation work, working hours between 8 a.m. and 4 p.m., etc.). If dimensional changes compared to the on-site survey carried out by XS-ALU have occurred that have not been reported to XS-ALU in written form and that affect the installation process or require additional work by the installers, an additional installation cost will be charged. If the installation fails for the above-mentioned reason, the full amount of the installation quoted will be invoiced.

If the Customer does not wish to use the services of a specialist provided by XS-ALU, XS-ALU may recommend another contractor not affiliated with it (hereinafter referred to as the Contractor) to carry out the installation. It is important to note that since XS-ALU has no contract with the Customer and only recommends them, it does not assume any responsibility for the work performed by the Customer.

10.General pricing

XS-ALU provides prices in euros or forints, including 27% VAT. As stated on the website www.xs-alu.com, the prices shown represent the total amount payable, including VAT at the rate applicable to XS-ALU.

XS-ALU reserves the right to apply a specific tariff to products offered online. XS-ALU reserves the right and is obliged to adjust the VAT rate according to the rules of the country of the business base if it is incorrect or incomplete for the country of the Buyer.

11.Payments and conditions

All payments are in EURO or HUF – FORINT.

XS-ALU offers SEPA transfers between euro and HUF bank accounts. Please note that any bank transfer fees incurred in connection with your order will be added to the cost.

If we do not receive your payment within 10 days after placing the order, your order will be cancelled automatically.

You acknowledge that the credit or debit card used for transactions is your own property. Each credit or debit card holder submits to the card issuer’s authentication and authorisation process.

Your personal data will be used to process your order, support your experience throughout the website, and for other purposes described in our [[privacy_policy]

In the case of payment by credit card: the Customer accepts: “I acknowledge that the data stored in my XS-ALU user account in the user database/website/webshop of www.xs-alu.com will be transferred to OTP Mobil Kft. as a data processor. The data transferred by the data processor are: order, quantity, name and credit card details.” The nature and purpose of the data processing activities carried out by the data processor can be found in the SimplePay Privacy Policy at the following link: http://simplepay.hu/vasarlo-aff http://simplepay.hu/vasarlo-aff

We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

Unless credit terms have been agreed, payment of the price, delivery charges, and all other fees and amounts must be made with your order.

Defaulting on payment shall incur a payment charge of € 10.- for each reminder sent to the Customer by XS-ALU, as well as default interest charged at the rate of 10 per cent p.a.

Further failure to pay will result in the involvement of a recovery agency. All costs related to the collection of the outstanding amount shall be borne by the Customer.

XS-ALU shall have the right to provide the debt collection agency with the Customer’s name, gender, contact information, last known address, the amount owed and the Customer’s previous credit rating.

The prices are indicative. The Seller is entitled to modify the prices for commercial reasons, but this modification does not affect previously concluded contracts.

To avoid any misunderstanding resulting from incorrect prices: the Customer pays the price indicated on the website on the day of purchase. A screenshot or similar method may be used.

12.Garancia

XS-ALU only works with partners with a valid and certified quality system, e.g. ISO 9001. XS-ALU guarantees that all products are of satisfactory quality, fit for purpose and comply with the product specification.

The properties and specifications of any delivered item shall be according to the product information provided on the datasheets, homepage, or product letters.

For indoor products: XS-ALU offers a 1-year guarantee on all its own products (quality of materials, durability in case of proper maintenance and intended use).

For outdoor products:

1+4 years. XS-ALU offers a 5-year warranty (incl. 1 year warranty) on all professionally installed structures manufactured and distributed by XS-ALU.

For custom designs, i.e. non type-tested (ISO) products, we offer a 1-year guarantee.

In case the installation is not done by us, no warranty is given for defects resulting from the installation! In the event of improper installation and maintenance, repairs, interventions or alterations of foreign origin, the XS-ALU is exempt from warranty.

In the event of a faulty delivery or damage to the delivered product, XS-ALU will provide the Customer with a replacement product or send replacement items. This does not apply, however, to minor accessory defects such as scratches or colour differences, if the products are basically usable.

Custom-made products cannot be exchanged, they are always tested in our workshop before delivery. All our products are backed up by qualified documentation to ensure the best possible quality.

Please note that delivery charges are not refunded or paid by XS-ALU.

XS-ALU charges a delivery fee for warranty repairs to addresses more than 150 km from the warehouse (9028 Győr, Régi Veszprémi út 14-16) to domestic addresses. For warranty repairs abroad, we always charge a delivery fee, and additional costs may be incurred (e.g. accommodation in a guesthouse) if the repair address is more than 250 km away from our warehouse in Győr.

Warranties provided by XS-ALU apply to single items, products.

XS-ALU shall only grant claims in cases in which damage or fault to an item has not been the result of inappropriate handling or overuse by the Consumer.

XS-ALU receiving a returned item in conjunction with a claim does not automatically constitute that XS-ALU accepting the claim.

XS-ALU shall not be liable for claims or damages caused in conjunction with warranties or functions, provided by item manufacturers and other vendors, suppliers, third parties at the time of purchase.

13.Liability

XS-ALU is not liable to the Customer(or any other parties) for:

A.) any loss or damage which was not caused by XS-ALU´s breach of the legal duty of care;

B.) any loss or damage which was not a reasonably foreseeable result of either our breach of a contract or our breach of our legal duty of care.

C.) the Customer notified XS-ALU that the loss or damage may occur if XS-ALU breached the Contract or legal duty of care;

D.) any loss or damage caused by The Customer’s use of XS-ALU´s webpages, help desks or call centres.

Unless otherwise agreed, XS-ALU shall not be liable to the Customer(or any other parties) for any damage, and injuries, or loss of income, business or profits as a result of the loss, or damage to, by or with a worn product by the Consumer purchased by XS-ALU.

Nothing in these Terms & Conditions shall exclude or limit XS-ALU’s liability for fraud; personal injury caused by negligence or liability which may not be excluded or limited under any applicable law.

14.Impossibility of fulfilment

If the Customer does not comply with the provisions of these GTC 6. fails to take delivery of the product or fails to pay 100% of the purchase price of the product on the date specified in the point (a) due to its own fault and fails to arrange for the receipt and proper transport of the product or the date of installation within 10 days of the failure, XS-ALU will charge a storage fee of 0.5% of the gross value of the order per day. If the Buyer fails to deliver the finished product within 1 month (30 calendar days) from the date of notification, XS-ALU shall be entitled to claim the 31. may freely dispose of the product from day 1 of the order, even if the Customer has paid the full value of the order.

If the Customer has already paid the 50% deposit or the installation deposit (if invoiced), the Customer is not entitled to a refund of these amounts from XS-ALU. For cancellation of the product, please refer to GTC 3. as described in point (a).

If the Customer refuses to accept the goods, this will be at his/her expense. If, through his own fault, he does not take delivery of the goods, he will be liable for the costs. The Customer must have the completed goods delivered or receive them within 10 days.

As soon as someone is informed that performance has become impossible, they must immediately notify the other party. If you fail to do so and cause damage to the other party, the defaulting party must pay compensation.

If the order is not fulfilled due to the Customer’s inability to fulfil it, e.g. financial default (payment of the last invoice) or other obstruction of the order process, XS-ALU reserves the right to compensation for the loss of profit and all costs related to this.

If the reason for the impossibility of performance was beyond the control or interest of both parties, XS-ALU shall be entitled to a pro-rata share of the fee for the work performed and the costs incurred.

Acceptance of delivery may only be refused if the technical parameters or the quantity of the product manufactured on the basis of the order (partial delivery by separate agreement) can be proven to differ from the order. Any deviation from the terms of the order must be proven by the Customer.

15.Claims management and contact options for exercising the right

The Customer may submit a complaint about the activities of XS-ALU via the following contact details:

Mobile phone number: +36 20 4099 893

Email contact: info@xs-alu.com

16.Legal background and jurisdiction

All contractual agreements between XS-ALU and The Consumer shall be governed by and construed in accordance with the laws of Hungary.

The legal language is Hungarian. For the General Terms and Conditions in Hungarian, please contact our head office.

Although XS-ALU offers an English language version of the website content and General Terms & Conditions, these translations are provided for the international, European Consumer’s convenience only.

By purchasing from XS-ALU, Buyers automatically waive their rights of set-off and lien. This does not apply, however, to the administration, the exercise of statutory creditor rights, compensation decisions and claims accepted for settlement by XS-ALU.

Any disputes arising out of or relating to this Agreement or any additional agreements thereto, including disputes arising out of or relating to their interpretation, invalidity, non-performance or termination, shall be resolved by mutual consent.

If no agreement can be reached between the Parties, then, depending on the value of the dispute, they submit to the exclusive competence of the District Court of Sopron or Budapest and the General Court of Sopron or Budapest.

The language of communication and commercial activity between the Seller and the Buyer is English. The Seller is not obliged to use the national language of the Buyer.

The Seller is not obliged to comply with the non-contractual specifications of the Customer’s state law regarding the given product, such as labelling or industrial discipline- related requirements and the Seller is not obliged to inform the Customer of these requirements, either.

Unless otherwise agreed, the Seller applies the Hungarian VAT rate to every product.

The Customer is entitled to use his right to exercise his right under this General Terms and Conditions.

In case of electronic payment, XS-ALU has the right to determine the currency.

Details of the relevant law:

The contracts concluded between XS-ALU and the Customer shall be governed by Hungarian law, with particular regard to the following provisions:

Act CLV of 1997 on the Protection of Claims

Act CVIII of 2001 on certain issues related to electronic commerce services and information society services

Act V of 2013 on the Civil Code

Government Decree 151/2003 (22 September) on the legal guarantee for consumer durables

Government Decree 45/2014 (26 February) on the detailed rules for contracts between customers and companies

Decree No 19/2014 (29 April) of the Ministry of National Economy on the procedural rules for warranty and commercial guarantee claims for products sold under contract between buyers and companies

Act LXXVI of 1999 on Copyright

Act CXII of 2011 on the Right of Self-Determination and Freedom of Information

EU Regulation 2018/302 of the European Parliament and Council (28 Febr 2018) on measures against unreasonable territorial content restriction and discrimination based on citizenship, residence and establishment place within the internal market and on the modification of EC Regulation 2006/2004 and EU Regulation 2017/2394, and the EC Directive 2009/22

EU Regulation 2016/679 of the European Parliament and Council (27 April 2016) on data protection of natural persons and the flow of these data and repealing EC Regulation 95/46 (general data protection regulation)

17.Provisions on copyright issues:

Pursuant to Article 1 (1) of Act LXXVI of 1999 on Copyright, the website is considered to be the author’s work, and therefore copyright applies to all parts of it. According to Article 16 (1), the unauthorised use of graphic and software solutions used on the website is prohibited, as well as any other application capable of modifying the whole or any part of the website.

The consent of the copyright holder is essential to use any material from the webpage or its database, moreover, it is obligatory to show a reference or the source of this taken-over material.

The copyright holder is the XS-ALU Building Systems Kft. – the Seller.

18.Data protection, data management:

The regulations and rules on data protection and handling of data are available, which is:

https://xs-alu.com/privacy-policy/