Version: 15 January 2018


Clause 1. General

  1. These General Terms and Conditions apply to all legal relations between Xtracked and the Consumer and to the Agreements entered into by these Parties.
  2. In the event of any clause of these General Terms and Conditions being deemed inapplicable, invalidated or annulled, the remaining clauses will remain applicable, without prejudice. If necessary new clauses will be devised, where possible retaining the intent of the inapplicable, invalidated or annulled clauses.
  3. The inapplicability, invalidity or annulment of a clause in these General Terms and Conditions does not apply to any Consumer for whom the law in force in his/her place of residence would not deem the clause inapplicable, invalid or annulled.
  4. Xtracked reserves the right to revise these General Terms and Conditions. New versions of these Terms and Conditions will be published on Xtracked’s website: www.xtracked.com. From this website the Consumer can download the General Terms and Conditions in PDF format. On request Xtracked will provide a copy of the most recent version of these Terms and Conditions.

Clause 2. Definitions

  1. Explanation of terms used in this document:
    1. General Terms and Conditions: this set of conditions, or new versions thereof, as published on Xtracked’s website;
    2. Consumer: the individual who purchased / is purchasing the Product(s) and who uses / will use the App to operate the Product(s);
    3. Returns Form: the form in clause 9 of this document with which the Consumer can annul the Agreement and return the Product(s);
    4. Agreement: the agreement between Xtracked and the Consumer that is entered into via the Web Shop and that applies to the Consumer’s purchase of the Product(s);
    5. Parties: Xtracked and Consumer;
    6. Products: the products, services and/or digital content that are for sale in the Web Shop;
    7. Xtracked: AVB-Beheer B.V., registered at Wikke 4, 4194 AH Meteren, the Netherlands, KvK (Chamber of Commerce) number: 61947377, VAT number NL854561225B01;
    8. Web Shop: the Xtracked online system for the sale of the Products.

Clause 3. Xtracked’s Obligations

  1. Xtracked is obliged to give reliable descriptions of the Products in the Web Shop by providing specifications and, where possible, publishing accurate images (3D-rendering) of the Products.
  2. Obvious mistakes and errors by Xtracked are not binding. If the advertised price is incorrect, or if the Consumer knows or can be expected to know that the advertised price is incorrect, Xtracked reserves the right, to the fullest extent permitted by law, to adjust the price and charge the Consumer the actual retail price.
  3. Xtracked will make all possible efforts to ensure that the delivery time as published in the Web Shop is accurate. This delivery time depends on where the Products need to be sent to and on timely payment by the Consumer. It is possible (e.g. if Xtracked’s suppliers do not deliver on time) that the delivery will be delayed. Xtracked will keep the Consumer informed. In that case the Consumer retains the right to cancel the order.
  4. Xtracked can access and make use of the order details and the Consumer’s personal information. The Consumer’s information will be processed by Xtracked in order to fulfil the Agreement and to satisfy all statutory obligations. Xtracked is entitled to use the Consumer’s personal information to devise appropriate personalised offers and to improve Xtracked’s Products and services.
  5. Xtracked is obliged to handle the personal information and other data received from the Consumer with due care and to take appropriate technical and organisational measures to safeguard this information.

Clause 4. Guarantees and Liability

  1. The Consumer is entitled to the legal warranty. Xtracked provides a one-year guarantee on the Product for normal use by the Consumer. The guarantee period commences as soon as the Consumer has received the product.
  2. The Consumer loses his/her right to the guarantee if the Product is damaged:
    1. on purpose or by the Consumer’s negligence;
    2. by improper use or inadequate maintenance;
    3. due to normal wear and tear;
    4. by not or insufficiently adhering to the operating instructions;
    5. by repairs made to the Products by any party other than Xtracked.
  3. Within the limits of the law, per damage causing incident, Xtracked’s liability, for whatever reason, is limited to a maximum of the net price that the Consumer paid or will pay for the purchase of the faulty, damaged or undelivered Product(s). Furthermore, in all cases the liability is limited to the sum of € 5,000.00 per incident.
  4. Xtracked is only liable for direct damage suffered. Amongst others, direct damage does not include: loss of income, loss of earnings, damage caused by it not being possible to place orders, loss of data, reduced goodwill or loss of savings.
  5. No guarantees or commitments will be given, other than those explicitly specified in these General Terms and Conditions. Xtracked accepts no liability for damage as a result of defective materials, inadequate expertise or other causes, even in the event that these are a result of actions or inactions by Xtracked’s own employees and representatives, unless the applicable laws prohibit such liability limitations. These liability limitations do not apply in case of intent or gross negligence by Xtracked.
  6. No clause of these General Terms and Conditions may limit or preclude Xtracked’s liability if statutory regulations of the applicable law prohibit such limitations or preclusions.

Clause 5. The Consumer’s Obligations

  1. When purchasing Products, the Consumer must ensure that all information entered is complete, truthful and accurate. Xtracked is not liable for delay or damage as a result of inaccurate or deficient information.
  2. Before entering into the Agreement, the Consumer must check the order and the prices. Xtracked is entitled to change the price of the Products at any time up until the moment that the Consumer places the order.
  3. The Consumer may purchase Products for his/her own use only. By purchasing the Products he/she implicitly declares that he/she will not resell or otherwise exploit the Products.

Clause 6. Intellectual Property

  1. In as much as a supplied Product consists of or includes software (henceforth: “Software”), Xtracked or the relevant supplier or proprietor will grant the Consumer a licence for its use. The Consumer is expected to comply with the applicable end user’s licence agreement and where necessary with the terms of use applicable for the Software and/or the Product (henceforth: “Licence Terms and Conditions”).
  2. The Consumer is prohibited from copying, modifying, translating, making available to others, distributing, changing, adapting, de-assembling, decompiling or reverse engineering the Software and from combining said Software with any other software unless:
    1. explicitly permitted in the Licence Terms and Conditions; or
    2. the applicable law explicitly grants such a right and it is not permitted for this right to be contractually revoked.
  3. Unless otherwise explicitly determined in writing or in the Licence Terms and Conditions, the Software is made available to the Consumer in its current state without any guarantees, stipulations or conditions regarding its quality, suitability, performance or conformity with the description and no guarantees are given regarding the installation, configuration or the error recovery potential of the Software.
  4. The Consumer should consult the Licence Terms and Conditions for information concerning his/her rights pertaining to the manufacturer, the licence provider and the supplier of the Software.

Clause 7. Order and Delivery Procedure

  1. Purchasing of the Xtracked Products takes place at www.xtracked.com. Xtracked can be contacted by email at info@xtracked.com or by telephone +31(0)345342169.
  2. The Consumer is responsible for ensuring that he/she is familiar with the specifications and characteristics of the Products on sale in the Web Shop before entering into an Agreement.
  3. The Consumer can purchase Products by following the Web Shop’s ordering procedure. The Consumer enters the requested information after which it is possible to order the selected Products. By placing an order, the Consumer makes a commitment of payment.
  4. After receiving the order, Xtracked will send email confirmation of the order to the email address specified by the Consumer. Until this confirmation has been received, the Consumer is entitled to annul the Agreement; thereby cancelling the order, free of charge.
  5. Xtracked has the right to totally or partially dissolve the Agreement without proof of the Consumer’s default or negligence within 5 working days after payment is received if:
    1. the ordered Products are not available;
    2. the Consumer does not pay on time; or
    3. the information provided by the Consumer is incorrect or incomplete.
  6. If after payment the Agreement has not been dissolved, the ordered Products will be delivered to the Consumer using the delivery method selected by the Consumer.
  7. Any customs fees, clearance costs or taxes required for deliveries to any country other than that in which Xtracked is located, will be charged to the Consumer. It is not possible for Xtracked to provide information about these costs prior to the order.
  8. The Products become the Consumer’s property on receipt and after complete payment has been made to Xtracked. As soon as the Products have been delivered they become the responsibility of the Consumer and the Consumer takes all risk and bears all liability for the Products.

Clause 8. Exercising Right of Withdrawal

  1. The Consumer has the right of withdrawal, whereby after receipt of the ordered Products he/she may nullify the Agreement without providing any reason. This right of withdrawal can be exercised during a 14-day reflection period starting from the day after the order was received by:
    1. the Consumer; or
    2. a third party designated by the Consumer, not including the carrier.
  2. In the event that the order is sent to the Consumer in parts, the reflection period commences on the day after delivery of the last part of the order.
  3. For digital content of the ordered Product that is not delivered by a material carrier or if the Product consists of services, the reflection period commences on the day after the Agreement was entered into.
  4. During the reflection period, the Consumer may evaluate the Product and determine its nature, characteristics and functioning. The Consumer is expected to treat the Product and its packaging with due care.
  5. The right of withdrawal can be exercised by unambiguously reporting this to Xtracked by email: support@xtracked.com. The Consumer should make use of the Returns Form given in clause 9 of these General Terms and Conditions. This Returns Form can also be downloaded from the Web Shop at www.xtracked.com/terms-and-conditions.
  6. The Consumer is responsible for exercising the right of withdrawal on time and in the correct manner. The burden of proof for this lies with the Consumer.

Clause 9. Returns Form (to be completed if you wish to revoke the Agreement and cancel your order)

  1. You should use the following Returns Form to revoke the Agreement and to cancel your order:
  2. The completed Returns Form should be sent by post or by email to Xtracked.

Clause 10. Settlement of the Right of Withdrawal, Return of the Product(s)

  1. Xtracked will confirm the Consumer’s correctly exercised right of withdrawal by email.
  2. The Consumer must return the Product(s) to the address specified by Xtracked as soon as possible but no more than 14 days after the Consumer has exercised his/her right of withdrawal.
  3. The Product(s) must be returned in its/their original state, including all accessories and manuals, and in the original packaging. The Consumer should follow all reasonable instructions given by Xtracked.
  4. The direct costs for returning the Product are to be paid by the Consumer.
  5. The Consumer is liable for any depreciation in value of the Product(s) caused by treatment or actions others than referred to in clause 6, sub-section 4 of these General Terms and Conditions. Xtracked will subtract the value of this depreciation from the sum to be refunded.
  6. As soon as possible but no more than 14 days after Xtracked has received the returned Product(s) or has received the Consumer’s proof of dispatch, Xtracked will refund the Consumer his/her payment of the Product(s) including the shipping costs.
  7. For the refund, Xtracked will make use of the same form of payment as the Consumer used, unless the Consumer agrees to another form of payment.
  8. If the original shipping method chosen by the Consumer was more expensive than the standard method, Xtracked is not liable to refund the additional costs for the more expensive method.

Clause 11. Disputes and Applicable law

  1. Dutch Law applies to all Agreements and legal relationships between the Parties.
  2. Parties will attempt to resolve their disputes themselves and will if necessary appoint a mediator. Disputes that cannot be resolved in this way will be submitted to the judicial court in Xtracked’s domicile (the Netherlands).