Terms & Conditions

1 │ Definitions
2 │ Privacy determination
3 │ The trader identity
4 │ Applicability
5 │ Supply
6 │ The agreement
7 │ Right of withdrawal
8 │ Costs in case of withdrawal
9 │ Exclusion right of withdrawal
10 │ Price
11 │ Compliance and warranty
12 │ Delivery and implementation
13 │ Payment
14 │ Complaints
15 │ Disputes
16 │ Trademarks
17 │ Intellectual property rights
18 │ Additional or different terms


1 │ Definitions

In these conditions apply:
Grace period:
The period within which the consumer can exercise his right of withdrawal.
Consumer:
The natural person not acting in the exercise of profession or business and enters into agreement over distance with the trader.
Day:
Calender day.
Transaction Duration:
An agreement over distance relating to a range of products and / or services, the supply and / or purchase is spread over time.
Durable medium:
Any means that the consumer or trader that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information is possible.
Right of withdrawal:
The ability for consumers to see within the waiting period of the agreement over distance.
Trader:
The natural or legal products and / or remote services to consumers.
Distance contract means:
An agreement whereby part of the trader organized system for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication.
Technology for distance communication:
Means that can be used to conclude a contract, without the consumer and trader being in the same area.


2 │ Privacy statement

XQ Gaming will use your personal information solely to process and ship orders, all personal data are transmitted in a secure SSL environment from and to the website. Your information will not be provided to third parties. All payments are processed by Mollie Payments in a secure SSL environment, so your personal information is always protected.


3 │ The traders identity

Headquarters:
XQ Gaming
Nispensestraat 3-e
4701 CR Roosendaal
The Netherlands
Europe

Email: info@xqgaming.com
Commercial Register: 60689587
VAT identification number: NL002027746B36
Bank account details:
XQ Gaming
IBAN: NL55RABO0181215047
BIC: RABONL2U


4 │ Applicability

These general conditions apply to every offer from the trader and any agreement concluded at a distance between trader and consumer.
Before the contract is concluded, the text of these general conditions is made available to the consumer. If this is not reasonably possible, before the contract is concluded, indicated that the general conditions can be shown by the trader.
If the contract is concluded electronically over distance, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
The content of the site (including links) can be adjusted, changed or supplemented at any time without notice or notification. XQ Gaming gives no guarantees for the proper functioning of the website and can in no way be held liable for any malfunction or temporary (un) availability of the website or for any form of damage, direct or indirect, that would result from the access to or use of the website. XQ Gaming can under no circumstances be held liable to anyone, directly or indirectly, in a special or other way for damage due to the use of this site or of another, in particular as a result of links or hyperlinks, including, without limitation, of all losses, work interruptions, damage to programs or other data on the computer system, of equipment, software or other of the user.
In the event that besides these general conditions also specific product or service conditions apply, the second paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him is.
 
 
5 │ Supply

If an offer has a limited duration or subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the offered products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the trader uses these images they are a true reflection of the products and / or services. Obvious mistakes or errors in the offer don’t bind the trader.
Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer. This concerns in particular:
The price includes local taxes.
Any costs of delivery.
How the agreement will be achieved and what actions are needed.
Whether to apply the right of withdrawal.
The method of payment, delivery and performance of the contract.
The level of the tariff for distance communication if the cost of using the technique for distance communication are calculated on a basis other than the regular fare for the means of communication.
If the contract is filed after conclusion, and if so, how this can be accessed by the consumer.
The way the consumer, for the conclusion of the contract, through to check information provided to it under the agreement and, if required repair.
Any other languages ​​which can be closed in addition to Dutch, the contract.
The conduct to which the trader is subject and the way the consumer can consult these codes electronically, and the minimum duration of the distance contract in the event of an extended transaction.


6 │ The agreement

The agreement is established at the time when the consumer accepts the offer and meet the corresponding conditions.
If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract.
If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
The trader can - within the law - inform the consumer's ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.


7 │ Right of withdrawal

When delivering products:
When purchasing products, the consumer can terminate the contract without giving any reason within 14 days. This period commences on the day following receipt of the product by the consumer or a pre-designated by the consumer and the trader announced representative.
During this period the consumer will treat the product and packaging. He will only unpack the product to the extent or use as necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will return the product/products undamaged with all accessories and free gift products and - if reasonably possible - in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader, shipping costs are not refunded in case of right of withdrawal is exercised. Damaged and / or opened and / or modified prodcuts are not refunded in case of right of withdrawal is exercised. Discount codes are applied to the product(s) and can not be deducted from the shipping costs.
The consumer is obliged to dissolve the agreement to send the products within 14 days. This period commences on the day the consumer to want to express exercises his right of withdrawal on the methodology specified by the trader. The entrepreneur is not liable for any costs arising from a defective and / or partial defective / damaged product(s) that have been returned and / or which may cause damage to third products and may arise during the course of the usage of the product.
When providing services:
In service delivery, the consumer has the option to terminate the agreement without giving any reason for at least 14 days with effect from the day of entering into the agreement.
To use his right of withdrawal, the consumer focus to the trader to supply and / or appearance on delivery to area provided reasonable and clear instructions.
 
 
8 │ Costs in case of withdrawal

If the consumer exercises his right of withdrawal, costs will not exceed the cost of return shipping cost.
If the consumer has paid an amount, the trader will refund this amount as soon as possible after received the product within 14 days of the cancellation. In case of payment by crypto coins the return amount at the time of return deposit will be equal to the same value in fiat at time of purchase excluding the return transaction costs of the crypto coin.
This is the condition that the product has been received back by the trader or conclusive evidence of complete return has been received.
 
 
9 │ Exclusion right of withdrawal

The trader can exclude the right of withdrawal of consumers. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
Exclusion of the right of withdrawal is only possible for products:
a. They are established by the trader to the consumer's specifications.
b. That are clearly personal in nature.
c. That cannot be returned due to their nature.
d. That rapidly decay or become obsolete.
e. Whose price depends on fluctuations in the financial market over which the trader has no influence.
f. For individual newspapers and magazines.
g. For audio and video recordings and computer software that the consumer has broken the seal.
h. For hygiene products that the consumer has broken the seal.
i. Electronic equipment that has been opened / altered by the consumer
 
Exclusion of the right of withdrawal is only possible for services:
a. Regarding accommodation, transport, carry out restaurant business or leisure activities on a certain date or during a certain period.
b. Whose supply with the express consent of the consumer before the withdrawal period has expired.
c. On betting and lotteries.


10 │ Price

Once a purchase agreement has been concluded, the price agreed binding, sometimes the price can then increase or decrease after.
The prices include VAT mentioned in the supply of products or services.
Trader is not responsible for any import costs which can be claimed by customs authorities of designated countries of destination.


11 │ Compliance and Warranty

The trader guarantees that the products and / or services meet the agreement specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If agreed, the trader also ensure that the product is suitable for other than normal use.
The trader is not responsible for the expiry of the factory warranty and any damage caused by replacing parts.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the trader can assert.
 
 
12 │ Delivery and implementation

The trader will take the greatest possible care when receiving and processing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer makes known to the company.
The consumer is responsible for the delivery of copyright-free images to be uploaded to our server to be printed with a custom skin. The trader is in no way responsible for copyright violations on delivered images used by consumers to be printed on custom skins, consumers are aware of the possible consequences for copyright infringement.

Subject to what is stated in Article 6 of these terms and conditions, the company will execute accepted orders expeditiously within 30 days unless a longer delivery has been agreed. If an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case has the right to terminate the contract without penalty.

In case of dissolution in accordance with the preceding paragraph, the trader will refund the amount that consumer paid as soon as possible but no later than 30 days after termination.
If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. By the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal cannot be excluded. The cost of any return shipments are borne by the consumer. In case the billing address is different from the shipping address, the invoice will be sent digitally by email instead of a physical invoice by envelope.

The risk of damage – not lost - of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated trader announced representative, unless expressly agreed otherwise.
Lost shipments caused by incorrectly specified address, we cannot reimburse, so always check your shipping address.
Average shipping times information including any delays can be found on the website here.
The risk of damage, loss or returns of orders shipped WITHOUT track and trace options rests with the consumer, unless otherwise agreed.
The risk of damage, loss or returns of orders shipped WITH track and trace options rests with the trader, unless otherwise agreed.


13 │ Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid immediately. In case of an agreement to provide a service, this period shall commence after the consumer has received the confirmation of the agreement.
Any applied discounts can not be stacked or used to discount shipping costs, only one discount rule may be applied to a shopping cart, if this still occurs the entrepreneur has the right to cancel the order.
Discount codes released by XQ Gaming are valid up to 3 of the same products per shopping cart, discount for more than 3 products per shopping cart can be discussed with the entrepreneur.
In general terms the sale of products to consumers may never stipulate an advance payment of more than 50%. If payment is agreed, the consumer may not assert any rights regarding the implementation of the order or service(s) before the advance payment has been made.
The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
In case of default of the consumer, the trader subject to statutory limitations, the right to charge the reasonable costs incurred to the consumer.
 

14 │ Complaints

The trader has a well-publicized complaints procedure and deals with complaints under this procedure.
Complaints about the implementation of the agreement must be made fully and clearly described within a reasonable time to the trader, after the consumer has found the defects.
When trader complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the trader within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement creates a dispute that is subject to dispute settlement.


15 │ Disputes

On agreements between the trader and the consumer of these terms refer only to Dutch law.
In case of disputes, the consumer can contact Foundation “Webwinkelkeur”, they will mediate for free. Should the consumer not come with a solution, the consumer has the opportunity to be treated by Strife Online Foundation complaint, the decision thereof is binding and both trader and consumer agree with this binding judgment.


16 │ Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events are fictitious. It is not intended or should be inferred association with any real company, organization, product, person or event.
Any rights not expressly granted herein are reserved.


17 │ Intellectual Property Rights

The consumer never acquires rights to an element of the website. It is therefore not allowed for the consumers to make copies or adaptations, translations, to make edits or changes, nor to distribute all or a portion of the website, sell, publish or commercialize such as through the creation of links to the website or store information in a database, in any form or by any means, electronic, mechanical or otherwise. Violation of property rights can lead to civil and criminal penalties. XQ Gaming acquires the intellectual property rights, as described above, by the users of the website posted information online. The online publication of that information, such as texts, images or other files, you wear your intellectual property rights to this over to XQ Gaming, to the extent permitted by law, and gives you XQ Gaming permission to use such information without charge, disseminating or change the website or elsewhere.
The website is an original creation for each element both the content and structure are protected by copyright or other intellectual property rights, including the layout, structure, databases, source codes and software. This also applies to the used illustrations, texts, photos, logos, drawings, images, sounds and other audiovisual materials.
 

18 │ Additional or different terms

Additional or of these terms and conditions, may not be to the detriment of consumers and should be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.