Terms of service
1. Who we are
These Terms govern the sale of products through www.xtenia.com (the "Webshop"), operated under the trading name Xtenia.
Trading address:
Bideberrialde 52, B, 31810 Bakaiku, Navarra, Spain
Email:
contact@xtenia.com
We handle all customer contact by email.
The identity and tax number of the trader are set out in Section 15.
By placing an order, you confirm that you are at least 18 years old and legally able to enter into a contract.
2. Who these Terms apply to
These Terms apply to consumers, meaning natural persons acting outside their trade, business, craft or profession.
Purchases by companies, professionals and institutions are not covered by these Terms or by the Xtenia Lifetime Structural Guarantee. Business buyers should contact us at contact@xtenia.com before ordering.
Nothing in these Terms limits or excludes your mandatory rights as a consumer. Where any provision conflicts with those rights, your rights prevail.
3. Products
We sell calisthenics equipment and apparel, including:
- Parallettes
- Gymnastic rings
- Dip belts
- Resistance bands
- Wrist wraps
- Elbow sleeves
- Lifting straps
- Jump ropes
- Liquid chalk
- Related accessories
Product descriptions, images and specifications are provided in good faith. Minor variations in wood grain, colour and finish are normal and do not constitute a defect.
Maximum rated load
Our load-bearing equipment carries a rated working load, stated on each product page and in the safety information supplied with the product.
This rating is the limit for normal training use.
Where we publish destructive test results, those results measure the point of structural failure under laboratory conditions and are not a recommended usage limit.
4. Prices
All prices are shown in the currency of your selected market and include VAT at the applicable rate.
Delivery costs are shown separately and are displayed before you confirm your order.
We may change prices at any time, but the price that applies to your order is the price displayed when you place it.
If a product is listed at an obviously incorrect price as a result of a technical or human error, we may decline the order. If we do, we will tell you promptly and refund any payment in full.
5. How the contract is formed
Product listings are an invitation to order, not a binding offer.
The contract is formed when we send you an order confirmation by email.
Before that point, no contract exists and we may decline an order, for example where a product is out of stock or where Section 4 applies.
We will provide the order confirmation on a durable medium.
6. Payment
Payment is taken at the time of ordering, using the payment methods shown at checkout.
Payments are processed by our payment providers. We do not receive or store your full card details.
For more information, please see our Privacy Policy.
7. Delivery
We deliver to the countries listed at checkout.
Delivery costs and estimated delivery times are set out in our Shipping Policy and are shown before you confirm your order.
Delivery times are estimates. We will deliver within 30 days of the contract at the latest, unless we agree a different period with you.
If we fail to deliver within that period, you may ask us to deliver within an additional reasonable period. If we fail to do so, you may terminate the contract and we will refund all sums paid without undue delay.
Risk of loss or damage
Risk of loss or damage passes to you when you, or someone you nominate, takes physical possession of the goods.
Where you arrange your own carrier, risk passes when we hand the goods to that carrier.
If delivery fails because the address you provided was incorrect or because you did not collect the parcel, we may charge the actual cost of redelivery. We will tell you the amount before charging it.
8. Right of withdrawal
You may withdraw from this contract within 14 days without giving any reason.
The withdrawal period expires 14 days after the day on which you, or a third party you nominate other than the carrier, takes physical possession of the goods.
Where an order is delivered in separate parts, the withdrawal period runs from the last part.
How to withdraw
Tell us by a clear statement by email to contact@xtenia.com or by using the model withdrawal form in the Annex.
Using the model form is optional.
To meet the deadline, it is enough that you send your communication before the withdrawal period expires.
Returning the goods
Send the goods back to us without undue delay and, in any event, within 14 days of telling us that you are withdrawing.
Return costs
You bear the direct cost of returning the goods.
Diminished value
You may handle and inspect the goods as you would in a shop.
You are liable only for any reduction in their value resulting from handling beyond what is necessary to establish their nature, characteristics and functioning.
Refunds
We will refund all payments received from you, including the standard delivery cost you paid on the outbound order, without undue delay and no later than 14 days from the day we are informed of your decision to withdraw.
Where you chose a delivery method more expensive than our cheapest standard option, we refund the cost of the standard option.
We may withhold the refund until we have received the goods back, or until you supply evidence of having sent them, whichever is earlier.
We refund using the same payment method you used, unless you expressly agree otherwise.
The refund costs you nothing.
Exceptions
The right of withdrawal does not apply to:
- Goods made to your specifications or clearly personalised.
- Sealed goods which are not suitable for return for health protection or hygiene reasons, where the seal has been removed after delivery.
Important: This exception only applies where the product is supplied with a genuine qualifying seal. A plain screw cap does not by itself qualify.
Sale items and bundles
The right of withdrawal applies in full to goods bought on sale, in a promotion or as part of a bundle.
Where a bundle is returned in part, we refund the difference between the bundle price and the current price of the items you keep.
9. Legal guarantee of conformity
We are liable to you if the goods do not conform to the contract.
In the European Union, the legal guarantee of conformity lasts for at least two years from delivery.
In Spain, the period is three years.
Longer periods may apply in some other Member States.
The harmonised notice on the legal guarantee displayed on our website links to the period applicable in your country.
During the first two years in Spain, any lack of conformity that becomes apparent is presumed to have existed at delivery, unless we prove otherwise.
If the goods do not conform, you are entitled to have them brought into conformity free of charge, by repair or replacement, or to a proportionate price reduction or termination of the contract in the cases the law allows.
"Free of charge" means we bear all necessary costs, including postage, carriage, labour and materials.
There is no time limit for reporting a defect other than the guarantee period itself. You do not lose your rights by failing to report a defect within any particular number of days.
Where goods are repaired under this legal guarantee, the applicable guarantee period is extended by a further twelve months where required by applicable law.
10. Xtenia Lifetime Structural Guarantee
In addition to the legal guarantee above, we offer a voluntary commercial guarantee on certain products.
The Xtenia Lifetime Structural Guarantee is provided free of charge and does not replace, limit or affect your statutory rights.
Its full terms, including which products and components are covered, are set out in the guarantee statement.
The guarantee statement is available on our website and is provided to you on a durable medium at the latest at the time of delivery.
11. Complaints and dispute resolution
If something goes wrong, email contact@xtenia.com.
We aim to acknowledge your complaint and respond within 7 working days, and in any event within 15 calendar days.
Where the law of your country of residence requires us to respond sooner, that shorter period applies.
If we cannot resolve your complaint, you may contact the consumer authorities where you live or an alternative dispute resolution body.
The list of recognised consumer dispute resolution bodies in the EU, Norway and Iceland is published by the European Commission at:
consumer-redress.ec.europa.eu
Xtenia [is / is not] a member of the Spanish Consumer Arbitration System.
12. Our liability
Nothing in these Terms limits or excludes our liability for:
- Death or personal injury caused by our negligence
- Defective products under product liability law
- Fraud
- Any other liability that cannot be limited or excluded by law
Subject to the above, we are not liable for loss that was not foreseeable at the time the contract was made, or for loss arising from your use of the goods otherwise than in accordance with the safety information and manual supplied with them.
We are not liable for business losses. We supply goods for domestic and private use.
13. Safe use
Our equipment is designed for training and involves inherent risk.
You must read and follow the safety information supplied with the product and the manual available on our website, including the rated load, inspection before use and storage instructions.
Outdoor training is permitted.
Equipment must be stored indoors in a dry place and dried thoroughly after outdoor use or heavy perspiration.
Nothing in this section affects your statutory rights or our liability under Section 12.
14. Circumstances beyond our control
We are not liable for delay or failure to perform caused by events beyond our reasonable control, including:
- Natural events
- Industrial action
- Epidemics
- Carrier failure
- Interruption of supply
If such an event occurs, we will tell you as soon as reasonably possible and the delivery period is extended accordingly.
If the delay exceeds 30 days, either of us may terminate the contract, and we will refund all sums you have paid.
15. Trader identity
Yasser Souweiri, trading as Xtenia
Z2617626R
Bideberrialde 52, B, 31810 Bakaiku, Navarra, Spain
Email: contact@xtenia.com
16. Other terms
Intellectual property
The content of the Webshop, including text, images, logos and product designs, belongs to Xtenia or its licensors and may not be reproduced without permission.
Changes
We may change these Terms.
The version in force at the time you place your order is the version that applies to that order.
Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in force.
Governing law
These Terms are governed by Spanish law.
If you are a consumer habitually resident in another State of the European Economic Area, that choice does not deprive you of the protection of the mandatory provisions of your country of residence.
Courts
You may bring proceedings in the courts of your country of residence, and we may bring proceedings against you only in those courts.
Language
These Terms are provided in English, Spanish, German, French, Italian and Dutch.
The version in the language in which the contract was concluded applies to that contract.
Annex: Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract. Using it is optional.
To:
Xtenia
Bideberrialde 52, B, 31810 Bakaiku, Navarra, Spain
Email: contact@xtenia.com
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ():
Ordered on () / received on ():
Name of consumer(s):
Address of consumer(s):
Order number:
Signature of consumer(s):
(Only if this form is notified on paper.)
Date:
(*) Delete as appropriate.