The current sales conditions, regulate the agreement between the company Xcess Company SC, J99359291 settled in 100 Camino Fuente Junquera, Zaragoza, Spain, and the customer, formalized through the website www.xcess-company.com for the acquisition of Xcess Company products through the Website.
2.1. Eligibility to Purchase
To place an order through the Website, You must be over 18 years of age, and you should be the final customer.
2.2. How to order
To order through the Xcess Company website you must follow these steps:
1 Choose the products you want and add them to "My Cart".
Complete your order.
3 Enter the information for delivery and payment.
4 Choose the payment method and click on "Send Order". By clicking the "Submit Order" button on the order form, the Customer fully and unreservedly accepts all conditions of sale appearing on the Website at the time of purchase.
5 Make the payment.
6 If the payment is authorized, the customer will receive a confirmation receipt of order. Except in the circumstances described in Sections 2.3 and 2.4 below, this confirmation constitutes acceptance by Xcess Company of the Customer's order and creates a binding contract between the Customer and Xcess Company.
It is recommended that the customer prints our or saves a copy of the Sale Terms when ordering.
A copy of the acknowledgment of the terms will be sent to the email address of the Customer. You should print or download a copy for possible future reference.
Xcess Company may change the Terms of Sale at anytime, without prior notice to Customers. However, if an order is canceled for any of the above reasons, Xcess Company will refund (if applicable) the total value of the order. Shipping charges are never refunded, except in certain circumstances. Furthermore, when the Customer has received confirmation of receipt of their order in Xcess Company website, the Sale Terms applicable to it cannot be changed.
2.3. Product Availability
The completion of an order through the Website is subject to the availability of the garments at that moment. Xcess Company will try to ensure that all the items that are on sale, are in stock..
If the product ordered is not available at that moment or we are run out of stock, the Customer will be notified by email and the amount paid refunded no later than 30 days following the original payment.
2.4. Right of Xcess Company to cancel or refuse an order
Xcess Company reserves the right to refuse, reject or cancel an order, for amongst other reasons:
• There was a technical error or incorrect prices on the website when the order was placed.
• The product covered by the order is not available.
• The payment information provided was incorrect or false.
• Security systems indicate that the order may be fraudulent.
• There is any reason to believe that the Customer is a minor (under 18 years of age).
• Xcess Company has failed after 3 attempts to deliver the order to the address provided.
If an order is canceled for any of the above reasons, Xcess Company will refund (if applicable) the value of the order. Shipping charges are never refunded, except in certain circumstances.
2.5. Data Verification
Before processing an order placed by the Customer, Xcess Company will verify their data. This means, the address verification, the solvency of the Customer, and if there may be some fraud involved. About to a possible fraud, Xcess Company may use partially automatic verification of all purchases to filter those considered suspicious of fraud. Orders suspected of fraud will be investigated and the Customer may be reported to the appropriate authorities, which may take action against him-her.
Price and payment
3.1. Prices and Currency
Prices and offers presented on the Website include VAT (value added tax) and are only valid for online orders placed through the website. Prices and offers may not coincide with those available in the Xcess Company stores worldwide.
Prices are in Euros. If the Customer changes the delivery country while browsing the Website, the prices could be expressed temporarily in another currency.
Xcess Company informs that changing the delivery country may affect the price due to the exchange rate or the country´s specific prices.
To pay the order, the Customer may use the following credit or debit cards: Visa, Visa Electron, MasterCard, PayPal and Cash on Delivery (Only in Spain, Iberian Peninsula). The charge will be made after order confirmation.
3.3. Changes in prices
The prices shown on the Website are subject to change. Xcess Company reserves the right to change prices without notice. However, after receiving the order confirmation the prices payable of the order will not be changed.
Xcess Company informs that despite careful updates are made on the prices of the Website, they may contain errors. All errors in prices will be corrected as soon as we can and they shall not be binding on Xcess Company.
4.1. Delivery: Where and When
Deliveries are made from Monday to Friday. No deliveries are made on weekends or local holidays. Orders will be delivered only to private residences.
4.2. Delivery terms
Orders are usually delivered within 2 to 3 working days depending on the country of destination. It usually meets the deadline and although Xcess Company can not guarantee the timeline, all orders are delivered within 30 days of the date of confirmation of receipt of order. Once you submit the order, the customer receives an email notification with the estimated delivery date.
4.3. Verification on Receipt
Customer must check the condition of the packaging upon delivery. If the packaging is damaged, the Customer must not accept the delivery. The purchase and shipping costs will be refunded to the Customer once the warehouse has processed the returned products. Xcess Company begs the customer to verify the delivery within a reasonable time after the receipt. In case you have not received any rejection of the goods within 10 days of delivery, Xcess Company deemed that the Customer has accepted the same. This does not affect the right of the Client of refunding or exchanging an order as provided in Section 6 below.
6.1. Return of non-conforming products
The Customer has the right to return defective or non-conforming products. The Customer has 21 days from the moment of the reception due to a nonconforming product to inform Xcess Company.
If the customer returns the product because of its defective, the return will be approved and Xcess Company will return the total value of the product and the shipping costs, and also the direct costs of the return, within thirty (30) from the day the receipt arrives to Xcess Company installations.
The text above is with noprejudice to the rights of the Client contained in the current law on consumer protection.
6.2. Return products for any reason (Right of revocation)
If the Customer is not satisfied with the products purchased, for whatever reason, he or she has 21 days from the delivery date to return the product without giving any explanation. You may return the purchased product, provided that:
• The product has not been washed or used (other than the reasonable wear and tear from testing and trying on the product).
• The product is complete (two elements forming a pair must be returned together).
You must return the product and the customer must bear the cost of return. Items must be returned in their original packaging and labels together with the applicable Returns Note. Upon satisfactory inspection of returned merchandise, Xcess Company will refund the price of the product within thirty (30) days after receiving notification and return of the product cancellation order of the customer.The customer will also have to pay the costs of return.
6.3. Change of products
To complete a change of a product in another size or color, Customer must return goods in their original packaging and labels and pay the shipping and returning cost of the package.
6.4. Return of Gifts
To return a product that has been received as a gift, You must contact the person who gave you the gift and ask him to follow the procedure for returning goods. Refunding will be given in the original form of payment.
6.5. Information about refunds
Refunds will be given in the original payment form.
Xcess Company will not pay you back until we receive the returned product and we verify the conditions in the store; Once verified the conditions of the product, the Customer will be refunded the relevant amount within thirty (30) days of receipt of the returned product in Xcess Company.
Validity of offers ("Promotion")
Promotional offers displayed on the Website to increase the sale of certain products are valid only while they appear on the Website, unless otherwise specified herein.
9.1. These Sale Terms settle the duties and responsibilities of Xcess Company about the supply of products. There are no warranties, conditions or other terms that are not binding Xcess Company, except those expressly mentioned in the Sale Conditions.
9.2. Subject to clause 9.4, the maximum aggregate liability of the parties to each other on all claims of any kind or related to these Terms and conditions, whether in contract, warranty, condition, tort, strict liability, statute or other form, SHALL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCT XCESSCOMPANY CONCERNED.
9.3. Subject to clause
9.4, IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT. 9.4. Nothing contained in these Terms of Sale shall limit or exclude liability against Xcess Company (i) death or personal injury caused by the negligence of Xcess Company, (ii) fraud, (iii) any breach of the obligations involving existing national laws or (iv) any liability which can not be excluded by law.
Protection of personal data
Customers are informed that their personal data will be included in security files owned by Xcess Company for commercial, advertising management customer-related and commercial prospecting, including the sending (by mail, email or other electronic means) of commercial messages related to products, services, offers, promotions and news related to the Xcess Company group.
For purposes directly related to the processing of personal data, personal data can be transmitted to client companies within the group Xcess Company, which may be located outside the European Economic Area (EEA), including countries that do not have a comparable level of data protection. Xcess Company and any third part who Xcess Company transmits personal data, assume and maintain appropriate technical and organizational security measures that are appropriate and sufficient to prevent the processing of personal data involving breach of: (a) these Terms of Sale or data protection laws applicable; and (b) any loss, destruction or accidental damage to personal data.
You may exercise your right to access, rectify or refuse to the use of your personal data by emailing firstname.lastname@example.org. The Customer warrants the accuracy of the personal data provided to Xcess Company.
Purchases made through the Xcess Company Website and under these Terms of Sale which are subject to Spanish law.
Purchases made through the Xcess Company Website and under these Terms of Sale which are subject to Spanish law.
Any dispute or disagreement arising out of the application or interpretation of these Conditions of Sale, as well as incorporating contracts shall be settled in the courts of the city of Zaragoza, Spain, these courts will have exclusive jurisdiction over any other jurisdiction. However, if the Customer have the status of consumer under Spanish Law for the protection of consumers and users, the competent court shall be the place of residence of the consumer in Spain.
For any question or incident with the order, the Customer may contact Xcess Company:
• Through the Contact section on the Website
• By email, sending a message to email@example.com
For more detailed information about returns, please consult the Help section of Xcess Company and follow the instructions carefully.