Terms of service

1.1. These General Terms and Conditions (“Terms and Conditions”) apply to all business relationships between C&G Trading GmbH, Seestrasse 89, 8700 Küsnacht, Switzerland (“we” or “us”) and the customer in connection with the C&G Trading GmbH online shop under the URLs www.xpwear.com, www.xpwear.ch, www.xpwear.de and www.xpwear.at (“online shop”)

1.2. The terms and conditions apply to all services provided by C&G Trading GmbH in the online shop and become effective upon the conclusion of a contract. Deliveries, services and offers from C&G Trading GmbH are made exclusively on the basis of these terms and conditions, even if they are not explicitly agreed upon again. By submitting an order to C&G Trading GmbH, you confirm that you have read the present terms and conditions and expressly agree to them.

1.3. Deviating or supplementary terms and conditions of the customer are not recognized unless we expressly agree to their validity in individual cases in writing. Individual agreements in individual cases always take precedence.

1.4. C&G Trading GmbH reserves the right to change these terms and conditions at any time. The version of these terms and conditions that is applicable at the time of the order is decisive, which cannot be changed unilaterally for this order.

Conclusion of the contract and delivery

2.1. The presentation of the goods in our online shop does not constitute a binding offer to conclude a purchase contract. Rather, it is an invitation to place an order for goods in the online shop. After placing the goods in the “shopping cart”, you have the option to check your entire order and, if necessary, make changes. By clicking the “Place order” button, you make a binding purchase offer to us. After we receive your purchase offer, you will receive an automatically generated email confirming that we have received your order (acknowledgment of receipt). This acknowledgement of receipt does not constitute acceptance of your purchase offer. A contract is not concluded upon receipt of the acknowledgement of receipt. A purchase contract only comes into effect when we expressly declare acceptance of the purchase offer (confirmation of acceptance) or when we send the goods to you without prior express declaration of acceptance. We reserve the right to introduce a minimum order quantity at any time. We will also inform you of any delivery obstacles as soon as possible by email. By placing your order, you confirm that you are aware of the scope and content of your order. Questions in this regard can be clarified in advance with us at info@xpwear.com.

2.2. The goods are generally delivered by post or courier. The delivery period in Switzerland is generally 1 to 5 working days, unless otherwise stated for the respective product. These statements are without guarantee. The delivery period for deliveries abroad depends on the location of the recipient. For deliveries to other countries additional tax and customs might arise at the border and have to be carried by the customer. If the customer does not give the correct address or an address where the post office or courier cannot find the person, the return costs invoiced by the post must be borne by the buyer.

2.3. Should an article of the assortment exceptionally not be available, we will inform you as soon as possible via email. In principle, C&G Trading GmbH reserves the right to make a partial delivery, provided that this seems to be conducive to an efficient processing of the overall delivery. Of course, in such cases, no additional shipping costs will be charged for the subsequent delivery. If working days are specified as deadlines, we understand this to mean all days from Monday to and including Friday, with the exception of public holidays.

1. Prices and shipping costs

3.1. All prices on www.xpwear.com include the legally required value-added tax (“VAT”) in Switzerland (currently 7.7%) and exclude shipping costs. If the delivery address is outside Switzerland, the Swiss VAT will be deducted. The actual shipping costs will be displayed in the shopping cart before the order is completed. C&G Trading GmbH reserves the right to adjust the online prices at any time without notice and without further explanation. The prices are calculated based on the time of order on the website. Shipping costs are calculated based on the current prices of the post office or courier.

Payment terms and refund

4.1. You can choose between the following payment methods: credit card, PayPal, Apple Pay, and Google Pay. If we have not received the payment within this period, C&G Trading GmbH reserves the right to cancel the order and release the goods for sale again.

Vouchers / gift cards

5.1. Personal coupons that have been created for a specific person or specific group may not be shared and can only be redeemed by C&G Trading GmbH authorized individuals. C&G Trading GmbH reserves the right to cancel any unauthorized orders without comment. Only one discount code may be used per order.

Legal liability for defects and further information

6.1. The statutory liability for defects applies. C&G Trading GmbH expressly reserves the right to deliver defect-free replacement to the buyer in the event of claimed and identified defects in the purchased item.

6.2. The liability for defects in goods generally corresponds to customary standards and is 24 months, unless a longer or shorter liability for defects period is explicitly stated on the delivered goods. Damaged goods must be reported in writing to the company address within 10 days of delivery or occurrence of the damage, otherwise the liability for defects claim becomes invalid. The liability for defects claim becomes effective as of the delivery date. It expires with improper use or natural wear. C&G Trading GmbH reserves the right to decide individually in the event of a liability for defects. The liability for defects is excluded for items that are declared as outlet or prototype ware.

6.3. It may happen that the design of individual items is slightly modified. C&G Trading GmbH cannot assume any liability for such modifications by the manufacturers and suppliers.

Return policy and maintenance / usage

7.1. Every buyer has the right to return their received items (exception: limited products, prototypes & coupons) to C&G Trading GmbH within 14 days (cut-off date: receipt of the goods). For returns and exchanges, the items must be returned in a hygienically flawless condition, otherwise the right to exchange or return will expire. In the case of returns, C&G Trading GmbH will charge the buyer for the shipping costs incurred or deduct them from the refund amount. The return shipping costs must be borne by the buyer. By accepting the terms and conditions, you also automatically accept our return policy. Items declared as outlet and prototype ware, alpha, beta and gamma versions are explicitly excluded from the return policy.

7.2. C&G Trading GmbH assumes no liability for the customer’s misbehavior in the care and/or handling of the delivered items.

Data protection

8.1. C&G Trading GmbH is committed to carefully processing your customer data and complying with the relevant data protection legislation. In particular, no data will be passed on to third parties. However, no liability can be accepted for the security of data transmitted on the internet. Privacy policy

Marketing

9.1. C&G Trading GmbH reserves the right to use the email address and telephone number provided at the time of order for its own marketing purposes (newsletter & others). If you wish to be excluded from marketing approaches, please send a personal e-mail to info@xpwear.com.

Applicable right / place of jurisdiction and liability in general

10.1. In any case, the relationships between you and C&G Trading GmbH are subject to Swiss law. The jurisdiction is Zurich, subject to mandatory legal jurisdictions. The provisions of the Vienna Sales Law (“United Nations Convention on Contracts for the International Sale of Goods”) are expressly excluded.

10.2. It is hereby expressly pointed out that no liability claims can be made against C&G Trading GmbH for indirect damage or consequential damage to the customer unless there are intentional or gross negligence caused damages by C&G Trading GmbH. Damages from accidents, etc. that result from handling products (eShirts, etc.) are your own responsibility.

Severability clause

11.1. If one or more provisions of these terms and conditions are or become invalid, this will not affect the validity of the remaining provisions.