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

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 entered into will be between XS-ALU and individual or business customers (herein referred to as “the Consumer or Customer”) who must be 18 years of age and legally competent, or legally registered businesses.

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.

Placing an order on www.xs-alu.com does not require the Customer to register/set up an online account. Customers must register their data under their own name, and complete all mandatory fields correctly so XS-ALU can check these data and ship 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 valid when the technical drawing of the ordered structure has been signed by the Customer and sent to XS-ALU by e-mail, or when the 50% deposit (fee request) has been paid. The production deadline is calculated from the date of payment. For more details, please refer to GTC 6. This is described in point 6.1.

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.

XS-ALU disclaims liability for his performance in case of incorrect or inaccurate data being provided. It is important to note that an incorrect email address or full storage of the account may result in default in obtaining the confirmation of the order, thus it may pose an obstacle in forming the contract.

Information on the main features of the products

We inform you of the main features of our products at the details section and on the data sheets of the products on our homepage. We also supply after placed orders, customer-based drawings for assembly and installations.

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 design starts immediately after payment, 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.

Unless otherwise agreed, XS-ALU will reimburse the amount paid in the case of standard sized windows in the same way as the Customer paid it. If the original method of payment is not available, XS-ALU will make the refund by 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 Customer shall return any goods within a time period of 10 days commencing on the day the Customer has notified XS-ALU about the cancellation or refund request. The goods shall be returned in their original package, undamaged and free from scratches or any visible damages.

Customers must provide proof of return upon request.

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

If on any of this above-mentioned check we realize damages, we are unable to offer refunds, or replacements on any used goods. In all cases, the transport costs occurred for the project, will be paid by the customer or 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.

Customers must make sure, that the unpacked, item to be returned, is properly wrapped up and ready for transport. Damaged packaging or goods will not be accepted!

XS-ALU will pay the cost of return delivery if XS-ALU has sent an item wrongly to the Customer, or if the Customer has received faulty, not usable, damaged goods from the factory. This may only be accepted with original high-quality pictures made on the date of delivery, 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.

We have tested the products for sound insulation in a laboratory environment. All sound insulation values as well documented and can be asked for any project when ordering or buying the products.

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 colors as black or mill finish are always custom-made case orders, and it’s impossible to matched with 100%. Slight changes can happen.

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 products from XS-ALU are new developed, special products. We improve them with each feedback our customers send us.

To protect your surroundings and safety, read the manual before installing. Hire if possible accredited window and door installers. Check the installation before use.

6.Shipping and delivery time

Unless otherwise agreed, delivery will take place within 6-10 weeks of receipt of the 50% advance payment to XS-ALU, in accordance with the contract as described in clause 2 of the GTC.

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 EURO or HUF-based prices with 27 % VAT included. As quoted on www.xs-alu.com, the costs represent the total amount due, including VAT charged at the rate that applies to XS-ALU company.

XS-ALU reserves the right to individually price items offered online. XS-ALU reserves the rights, and is obliged to change VAT charges according to business base country, should that be incorrect or incomplete for the Customer country.

11.Payments and conditions

All payments are in EURO or HUF – FORINT.

XS-ALU offers SEPA direct transfers from a bank account to a bank account in EURO or HUF. Please note that any bank transfer charges incurred in respect of your order will be added to your balance.

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

You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer.

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]

Regarding the payments with credit card: The buyer must accept: “I acknowledge the following personal data stored in the user account of XS-ALU in the user database of www.xs-alu.com – website/web shop will be handed over to OTP Mobil Ltd. and is trusted as a data processor. The data transferred by the data controller are the following: order_is, amount, name & credit card info.” The nature and purpose of the data processing activity performed by the data processor in the SimplePay Privacy Policy can be found 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 defaulting on payment shall result in the assignment of a collection agency. All costs associated with recovering the debt are at the expense of 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.

Prices are only given for information. The Seller is entitled to modify the prices for business reasons. However, this modification shall not affect the formerly concluded contracts.

To avoid problems arising from incorrect prices, the Customer shall pay the price quoted on the webpage on the day of purchase. This can be done via screenshot or a similar method.

12.Garancia

XS-ALU works only with partners who have valid and certified quality management systems like ISO9001. XS-ALU ensures that all items are of satisfactory quality and fit for purpose as described.

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 guarantee (incl. 1-year warranty) on all professionally installed structures manufactured and distributed by XS-ALU.

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 case of the delivered item being faulty delivered or damaged, XS-ALU shall provide the Customer with a replacement item or send replacement accessories for exchange. However, this right does not apply in the case of minor item faults, like scratches or color mismatch if the products are functional.

Custom-made products cannot be replaced, and are tested each time in our workshop before shipment. All our projects are documented with pictures to provide the best quality as possible.

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 fails to take delivery of the product or fails to pay 100% of the purchase price of the product on the date specified in Clause 6 of GTCs due to his/her fault and does not arrange for the product to be taken delivery of and professionally transported 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 Customer 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 total 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 product cancellation, please refer to GTC 3.

If the Customer refuses to accept the goods, this will be at his/her expense. If, through his 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 received within 10 days.

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

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.

A jogi nyelv a maThe legal language is Hungarian. If you need the Hungarian General Terms and Conditions, please contact our main office to request it.gyar. A magyar nyelvű Általános Szerződési Feltételeket a központi irodánktól kérheti.

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 items from XS-ALU, Consumers automatically waive their right to set-off as well as all lien rights. However, this waiver does not apply in case of administration, exerting statutory creditor rights, compensation orders, and claims accepted for adjudication 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.

English is the language of communication and commercial activity between the Seller and the Customer/Consumer. Seller is not obliged to use the state language of the Customer.

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 customer protection

Act CVIII of 2001 on some issues regarding electronic commercial services and services related to information society

Act V of 2013 on the Civil Code

Government Decree 151/2003 (22 Sept) on the statutory warranty for durable consumer products

Government Decree 45/2014 (26 Feb.) on the detailed regulations on contracts concluded between customers and companies

NGM (Ministry for National Economy) Decree 19/2014 (29 April) on procedural rules of warranty and commercial guarantee claims for products with contractual sales between customers 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:

A szerzői jogról szóló 1999.évi LXXVI. törvény 1. § (1) bekezdése szerint a weboldalt a szerző művének kell tekinteni, így a szerzői jog annak minden részére vonatkozik. A 16. § (1) bekezdése értelmében tilos a weboldalon használt grafikus és szoftveres megoldások jogosulatlan használata, valamint minden más olyan alkalmazás, amely képes a weboldal egészének vagy bármely részének módosítására.

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/