TERMS OF SALE

Terms of Sale for Xoich

When you submit an order, we will send you an email acknowledging receipt of your order. Our acceptance of the order takes place when the Products are shipped to you – we will send you an email confirming that the Products have been shipped (“Order Confirmation”). At this point, a contract, containing these Terms of Sale, comes into existence and is binding on you and us (the “Contract”). We recommend that you print or download a copy of these Terms of Sale and the relevant Order Confirmation for future reference.

If we are unable to supply you with a product, we will inform you of this in writing and will not process the order. Fulfillment of all orders on the Platform is subject to availability. We explicitly reserve the right not to accept your order for any reason. We also reserve the right to cancel a Contract by written notice to you in the following situations, without being liable for any damage or costs other than repayment of any amount received from you in relation to the Contract we cancelled:

If we have insufficient stock to deliver the products you have ordered;
If the product you ordered was listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers;
If we are not able to obtain authorization for your payment;
If there is an issue with the delivery address provided;
If there has been an identification of a pricing or product description error.

If we fail to insist that you perform any of your obligations under these Terms of Sale, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. We will not file a copy of the contract between us.

You agree that the Platform, Terms of Sale, and any dispute between you and Xoich shall be governed in all respects by Dutch law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. Except where prohibited and without limitation to any statutory rights for consumers, you agree that all disputes, claims, and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Xoich products) shall be resolved individually, without resort to any form of class action, and exclusively in the competent courts of Amsterdam, the Netherlands.

“These Terms of Sale constitute an implied agreement between you and Xoich, unless otherwise meeting the requirements of written agreements under Hungarian law.” … The section above titled “PRICE/PAYMENT”, sub-section “PRICE CHANGES” is replaced in its entirety with the following:

The prices of the products will be as displayed on the Platform. Prices may change from time to time, but changes will not affect any order you submitted even if not yet confirmed in an Order Confirmation.

These Terms of Sale apply to Western Europe, Central Europe, and Eastern Europe, except Bulgaria, Croatia, Norway, Romania, Slovakia, Switzerland, and Turkey, which are governed by different terms. Please read these Terms of Sale carefully before ordering Products online from the Xoich Platform. If you are located in any of the countries identified below, additional country-specific terms may apply to you and are viewable at the end of these Terms of Sale or by clicking on the country reference link. These additional terms override the Terms below to the extent of any inconsistency. AUSTRIA, FRANCE, GERMANY, HUNGARY, ITALY, POLAND.

… You are reading these Terms of Sale (“Terms of Sale”) because you are using a Xoich website, digital experience, social media platform, mobile app, wearable technology, or one of our other products or services, all of which are part of Xoich’s Platform (“Platform”).