Terms & Conditions
General Terms and Conditions
XLFURNITURE by JV FURNITURE LTD.
160 Kemp House, City Road
London EC1V 2NX, UK
Phone: (+44) 020 308 987 84
Email: service@xlfurniture.co.uk
Managing Director (authorized representative): Alexander Krisling
The European Commission provides a platform for online dispute resolution (ODR). You can find the platform at http://ec.europa.eu/consumers/odr/
1. General and Scope of Application
These general terms and conditions apply to all business relationships between the company XLFurniture (hereinafter referred to as "xlfurniture.co.uk") and its customers. By registering with XLFurniture and checking the box "I have read and accept the terms and conditions," the customer acknowledges these general terms and conditions in the version valid at the time of registration.
These terms and conditions apply to all purchases made in the XLFurniture shop, provided that XLFurniture does not use a different version of terms and conditions at the time of ordering. All deliveries, services, and offers by XLFurniture are made exclusively based on these terms and conditions. Any conflicting, deviating, or supplementary general terms and conditions shall not become part of the contract, even if known, unless their validity is expressly agreed to in writing.
2. Contract conclusion
The presentation of our range in the online shop does not constitute an offer within the meaning of §§ 145ff BGB (German Civil Code) and is subject to change without notice and non-binding. Changes (e.g., in weight, dimensions, color, and shape) remain reserved to a reasonable extent.
Orders for the products offered in the shop can be placed via the internet. By submitting an order, the customer makes a binding offer to conclude a contract. Confirmation of receipt of your order will be sent immediately after the order has been submitted via an automated email. The purchase contract is concluded with this email confirmation.
The sale of the offered goods and services is only available in household quantities and only to persons of legal age. XLFurniture reserves the right to reject purchase inquiries for economic reasons.
The website www.xlfurniture.co.uk is operated by XL Furniture.
3. Cancellation Policy, Cancellation Consequences
Cancellation Policy for Contracts Concluded Outside of Business Premises and for Distance Contracts, Excluding Contracts for Financial Services
As a consumer, you are entitled to a right of withdrawal when making a purchase from our company, in accordance with statutory regulations. We would like to inform you about this as follows:
4. Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, takes possession of the goods.
To exercise your right of withdrawal, you must inform us
XLFURNITURE by JV FURNITURE LTD.
160 Kemp House, City Road
London EC1V 2NX, UK
Phone: (+44) 020 308 987 84
Email: service@xlfurniture.co.uk
by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5. Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the delivery costs (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.
Return costs
The buyer bears the direct costs of returning the goods. The costs amount to £129 per cubic meter, but at least £129.
Exclusion of the right of withdrawal
To XLFURNITURE by JV FURNITURE LTD.
The right of withdrawal does not apply to contracts
− The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
− The right of withdrawal does not apply to contracts for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded.
− The right of withdrawal does not apply to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their sealing has been removed after delivery.
− The right of withdrawal does not apply to the delivery of goods if, after delivery, they have been inseparably mixed with other items due to their nature.
− The right of withdrawal does not apply to the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the contract, but which can be delivered no earlier than 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the entrepreneur has no control.
− The right of withdrawal does not apply to the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
− The right of withdrawal does not apply to the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts.
6. Withdrawal Form Template
(If you wish to withdraw from the contract, please fill out this form and send it back.)
To XLFURNITURE by JV FURNITURE LTD.
160 Kemp House, City Road
London EC1V 2NX, UK
Phone: (+44) 020 308 987 84
Email: service@xlfurniture.co.uk
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*).
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if communicated on paper)
Date ___________________
___________
(*) Delete as appropriate
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only for communication on paper)
Date ___________________
___________
(*) Delete as appropriate
7. Contract withdrawal
7.1 In the event of a contract withdrawal initiated by the buyer for other reasons, particularly due to payment delays or in the case mentioned in section 5.3 or any other unjustified contract reversal initiated by the buyer after delivery and return of delivered goods, XLFurniture is entitled to damages, especially compensation for expenses, use, and depreciation, as follows:
7.2 If the pickup is delayed at the customer's request or fault by more than 14 days after notification of readiness for pickup, XLFURNITURE is entitled to charge a storage fee amounting to 5% of the (gross) purchase price for each month. The customer is permitted to provide evidence that XLFurniture has incurred no or significantly lower damages.
7.3 In the event of a withdrawal or repair, the collection will take place from the curb.
8. Commercial and self-employed customers
"8.1 The "Right of Withdrawal, Consequences of Withdrawal" applies only if the customer acquires the goods and/or services as a consumer. The customer is considered a consumer if they acquire goods and/or services for a purpose that cannot be attributed to their commercial or independent professional activity.
9. Prices
The prices at the time of ordering apply. All prices include VAT. Prices are excluding shipping costs.
Delivery and Shipping Costs
XLFurniture offers a convenient and secure delivery service to your desired address up to the curb. Accessories and small furniture items are shipped via UPS or DHL. Larger furniture pieces are delivered by furniture freight forwarders.
For larger furniture items shipped by freight forwarding, we will contact you beforehand by phone or in writing if unreachable to arrange a delivery date according to your preference.
XLFurniture offers fair and transparent shipping costs. The shipping costs are determined based on the respective category of the goods.
XLFurniture delivers to the following countries: Germany, Denmark, Belgium, France, Great Britain, Luxembourg, Netherlands, Austria, Italy.
Customers can find information about their orders on www.xlfurniture.co.uk in the "My Account/My Orders" section.
10. Delays and impossibility of delivery
Specifying certain delivery periods and dates is subject to the condition that we ourselves are supplied on time and correctly. XLFurniture is entitled to partial deliveries to a reasonable extent.
Delivery and performance delays due to force majeure and events that significantly impede or temporarily make delivery impossible – including in particular strikes, lockouts, official orders, etc., even if they occur at XLFurniture's suppliers or its subcontractors – are also not attributable to us, even with bindingly agreed deadlines and dates. In these cases, we are entitled to postpone delivery or performance by the duration of the impediment plus a reasonable lead time.
In the event of a delivery delay attributable to us, the customer – provided they credibly demonstrate that they have suffered damage as a result – is exclusively entitled to demand a lump-sum compensation for delay of 0.5% of the order value for each completed week of delay, up to a maximum of 5% of the order value (the term "order value" in these terms and conditions always refers to the gross order value including VAT and excluding shipping costs). We reserve the right to prove to the customer that no damage or significantly lower damage has occurred as a result of the delivery delay. Claims for damages by the customer due to delayed delivery as well as claims for damages in lieu of performance exceeding the aforementioned limit are excluded in all cases of delayed delivery.
The limitation of liability according to the preceding paragraph does not apply if the delay is due to intent or gross negligence, if it concerns damages resulting from injury to life, body, or health, or if a fixed transaction was agreed upon.
If XLFurniture is unable to provide the ordered service, the customer's claim for damages is limited to 10% of the order value of the part of the goods that cannot be delivered due to impossibility, unless the impossibility is based on intent or gross negligence. The customer's right to withdraw remains unaffected.
11. The reservation of ownership
The goods remain the property of XLFurniture until full payment is received.
12. Purchase on account and financing with Klarna
In cooperation with Klarna, we offer you the payment options of invoice purchase and Klarna installment purchase financing. When paying with Klarna, you never have to provide your bank details, and you only pay once you have received the goods.
For the payment methods Klarna Invoice and Klarna Installment Purchase, delivery to a delivery address different from the billing address is not possible. We ask for your understanding in this matter.
Klarna Invoice
When purchasing on account with Klarna, you always receive the goods first, and you always have a payment period of 14 days. Further information and Klarna's complete terms and conditions for invoice purchases can be found here.
Klarna installment purchase
With the Klarna installment purchase financing service, you also receive the goods first. All your purchases are then consolidated on an invoice at the end of the next month. You can then pay this invoice in flexible installments, but also settle the total amount at any time. Further information on the Klarna installment purchase financing service can be found here.
You can download the full terms and conditions for Klarna installment purchase financing here.
Klarna checks and evaluates the consumer's data and, if necessary, exchanges data with other companies and credit agencies (credit check). If the consumer's creditworthiness cannot be ensured, Klarna AB may refuse Klarna's payment methods to the customer and must indicate alternative payment options. Your personal information is treated in accordance with data protection laws and will not be shared with third parties for advertising purposes. You can learn more about Klarna's privacy policy here.
For more information about Klarna, visit www.klarna.com.
Klarna AB, Company Registration Number: 556737-0431
13. Warranty
In deliveries to consumers, the statutory warranty law applies without restriction.
14. Liability for damages
(1) XLFurniture is liable for damages to the customer caused by XLFurniture, legal representatives, senior executives, or agents, intentionally or through gross negligence.
(2) Irrespective of the degree of fault, XLFurniture is liable for damages resulting from the breach of essential contractual obligations, in the event of a breach of warranty undertaken by XLFurniture, as well as in the case of fraudulent deception. Essential contractual obligations are those whose fulfillment characterizes the contract and upon which the customer may rely.
(3) In cases other than those mentioned in paragraphs 1 and 2, XLFurniture's liability – regardless of the legal grounds – is excluded. This exclusion of liability does not affect the user's claims for damages resulting from injury to life, body, or health caused by a breach of duty by XLFurniture or one of the persons mentioned in paragraph 1. The provisions of the Product Liability Act also remain unaffected.
(4) Except in cases mentioned in paragraphs 1 and 3, claims for damages are limited to the foreseeable, contract-typical damage.
(5) Claims for damages against XLFurniture expire after 12 months. This does not apply to claims for damages resulting from injury to life, body, or health caused by XLFurniture or at least grossly negligent breach of duty by XLFurniture or a legal representative or agent of XLFurniture. The limitation period begins as soon as the claim arises and the customer becomes aware of the circumstances giving rise to the claim or should have become aware of them without gross negligence.
(6) XLFurniture may refer on the websites of www.xlfurniture.co.uk to other pages on the internet. XLFurniture is not liable for the content of these external websites. Upon becoming aware of illegal content on linked pages, XLFurniture will immediately block access to these pages.
15. Data protection
Information on data protection can be found in our privacy policy.
16. Dispute resolution pursuant to Article 14(1) of the ODR Regulation and § 36 of the VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and generally not willing to do so.
17. Final provision and applicable law
If any provision of these General Terms and Conditions is or becomes invalid, this shall not affect the validity of the remaining provisions. The statutory regulation shall apply in place of the invalid provision. German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Date: 01. Januar 2024