Terms of Service
In the following called X-Comp for short - for transactions with consumers
1. Validity of the General Terms and Conditions
Deliveries and services from X-Comp to consumers are made exclusively on the basis of the following General Terms and Conditions (GTC) in the version valid at the time of the order. Deviating regulations are only effective if they have been agreed in writing. X-Comp's General Terms and Conditions also apply to future customer orders, even if they are not expressly agreed again. The version of the General Terms and Conditions that is current at the time of the future order is decisive. The customer can view and print out the currently valid version of the General Terms and Conditions on the Laptopparts.at website.
2. Conclusion of contract
2.1 The contractual partners are the customer and X-Comp, Quellenstrasse 24b/5/6, 1100 Vienna. Contract, order and business language is German.
2.2 The offers on the X-Comp website are a non-binding invitation to the customer to order goods. By ordering goods, the customer places a binding order. An order can only be placed online via our online shop. The customer's order becomes effective as soon as the order arrives at X-Comp.
2.3 If the order confirmation or any other legally binding declaration by X-Comp contains typographical or printing errors, or if the price determination is based on transmission errors, X-Comp is entitled to contest the declaration due to error, whereby X-Comp bears the burden of proof regarding the error. Any payments received will be reimbursed immediately in this case.
3. Condition of the purchased item
The quality of the purchased item on which the contract is based results exclusively from the manufacturer's specifications. Deviations require a written agreement.
4. Prices and terms of payment
4.1 Billing is in euros (EUR). The prices quoted include sales tax. Costs for packaging and shipping will be invoiced separately in the form of a flat rate.
4.2 All prices only apply to shipping within Austria unless otherwise agreed in writing. The prices valid at the time of the order are always decisive. With the update of the X-Comp website, all previous prices and information about goods become invalid. There are separate costs for packaging, shipping and insurance. Please refer to the “Shipping” section in our shop for these.
4.3 Payment is made by PayPal, Sofortüberweisung or by bank transfer in advance. These can be found in the "Shipping" section of our shop. Cash payment upon collection has not been possible since January 1st, 2016 until further notice.
4.4 The payment amount shown on the invoice is to be paid in full to X-Comp, regardless of the method of payment. X-Comp does not accept deductions from transaction fees and the like that arise, for example, when payments are made by international banks.
5. Terms of delivery
5.1 Deliveries are made to the delivery address provided by the customer.
5.2 The delivery takes place with GLS Austria or the Austrian Post.
5.3 All deliveries are subject to the condition that X-Comp itself is supplied in good time and properly by the dealer of its choice. If a product ordered by the customer is not available for reasons for which X-Comp is not responsible, X-Comp will inform the customer in writing by email. In this case, the customer has the right to withdraw from the contract. If the customer does not withdraw, X-Comp can deliver a product of equivalent quality and price instead of the ordered product or withdraw from the contract. If the customer or X-Comp withdraws from the contract, X-Comp will immediately reimburse the customer for payments already made.
5.4 If X-Comp defaults in delivery for reasons for which it is responsible, or if delivery becomes impossible for such reasons without X-Comp being accused of intent or gross negligence, X-Comp's liability for damages is excluded. Further customer claims remain unaffected. In particular, the customer can withdraw from the contract by setting a reasonable grace period.
5.5 In the event of delivery delays for which X-Comp is not responsible (force majeure, fault of third parties, etc.), the delivery period will be extended appropriately. The customer will be informed of this immediately. If the causes of the delay last longer than 4 weeks after the conclusion of the contract, each party is entitled to withdraw from the contract.
5.6 If the company X-Comp causes an incorrect delivery, the customer has the right to request that the item be picked up at the expense of the company X-Comp. If the customer sends the incorrect delivery with a postal stamp or by Hermes Austria or GLS Austria return, the return shipping costs will be reimbursed in full. No non-free packages will be accepted.
5.7 If the customer places an incorrect order, the customer shall bear all shipping costs incurred as a result.
6. Retention of Title
6.1 The ordered goods remain the property of X-Comp until full payment has been made.
6.2 Disposal of the goods (resale, rental, pledging, transfer by way of security, processing, transformation, etc.) before the transfer of ownership is not permitted without the express consent of X-Comp.
7. Damage in transit; Customer's obligation to examine and give notice of defects
7.1 If goods are delivered with obvious damage to the packaging or the contents, please report such defects to the delivery agent immediately and contact us as soon as possible. Failure to make a complaint or contact has no consequences for the statutory warranty claims of consumers and only serves to support the provider in asserting his claims against the company commissioned with the delivery of the goods or the insurance company.
7.2 Hidden defects are to be reported to X-Comp immediately after discovery.
8.1 The customer's warranty claims against X-Comp in the event of defects in the delivered goods are based on the statutory provisions, unless the following regulations result in deviations. The warranty period ends 24 months after delivery.
8.2 Damage caused by improper or non-contractual measures by the customer during installation, connection, operation or storage of the goods do not justify any claims against X-Comp. The inappropriateness and non-conformity is determined in particular according to the information provided by the manufacturer.
The guarantee is based on the respective provisions of the manufacturer.
10.1 X-Comp is only liable for damage to property if X-Comp or its vicarious agents have caused this intentionally or through gross negligence. X-Comp is liable for any damage to persons culpably caused by X-Comp or its vicarious agents.
10.2 It is the customer's responsibility to ensure that his data is backed up. X-Comp is not liable for the customer's data loss on storage media (computers, notebooks, hard drives, storage media, etc.) repaired or purchased from X-Comp, unless X-Comp or its vicarious agents have caused the data loss at least through gross negligence.
11. Ban on offsetting and retention
11.1 The customer is not entitled to offset his own claims against X-Comp's claims, unless the customer's claims have been recognized by X-Comp or have been legally established by a court or the customer's claims have their legal basis in the same legal transaction as the claims of X-Comp or X-Comp is insolvent.
11.2 The customer is not entitled to withhold payments due to his own claims against X-Comp, unless X-Comp does not provide its services from the same transaction or does not do so properly or X-Comp provides the services from the same transaction due to poor financial circumstances endangered by X-Comp.
12.1 The data is processed in accordance with the statutory provisions. Customer data is processed for the fulfillment of the contract, delivery and accounting. X-Comp reserves the right to other types of data processing, insofar as these are legally permissible.
12.2 Customer data is only collected, processed, used and forwarded to commissioned partners insofar as this is necessary for the establishment and implementation of the purchase contract and the further business relationship between the customer and X-Comp. The customer can object to this use of data at X-Comp due to the violation of overriding confidentiality interests worthy of protection that arise from his particular situation. All of our vicarious agents are obliged to comply with the Data Protection Act.
12.3 The invoice data is stored internally and information can be provided at any time upon request by the customer at the e-mail address office(at)x-comp.at.
13. Additional Terms for Software Products
13.1 When purchasing a software product, the customer acquires a data medium (CD-ROM, diskette, etc.), the associated documentation - if available - and a license to use this software product in accordance with the license terms of the respective manufacturer or other licensor.
13.2 The customer acknowledges these license terms when using the software product for the first time. The software products remain the intellectual property of the manufacturer or licensor. All rights to the product names, brands and logos used by X-Comp in the shop or on the Internet pages for software products belong to the manufacturers or licensors of the software products offered. When using the supplied software, property rights to which third parties are entitled must be observed.
13.3 The provisions of the respective software manufacturer or licensor regarding claims due to defects also apply. The customer must first try out of court to have the software manufacturer or licensor fulfill the claims.
13.4 The customer is obliged to adequately protect himself against loss of data. Since the new installation of software, but also the modification of the installed software, involves the risk of data loss, the customer is obliged to take precautions against data loss by means of a comprehensive data backup before reinstalling or modifying the installed software.
14. Invalid Clauses
14.1 Should one or more provisions of these GTC be ineffective, this does not result in the ineffectiveness of the entire contract. The ineffective regulation will be replaced by the relevant statutory regulation.
15. Jurisdiction and Governing Law
15.1 The legal places of jurisdiction apply. The court in whose district the domicile, habitual residence or place of employment of the consumer is located is therefore responsible.
15.2 These GTC and the contracts to be concluded under these GTC are subject to Austrian substantive law. The validity of the UN sales law is excluded.
16. Place of performance The place of performance for all transactions is the company location.
17.1 We recognize the Internet Ombudsman as an out-of-court dispute resolution body: Internet Ombudsman, Margaretenstrasse 70/2/10, 1050 Vienna. www.ombudsmann.at
17.2 Alternative dispute resolution in accordance with Art. 14 Para. 1 ODR-VO:
The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/ . We are willing to participate in an out-of-court arbitration process.
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