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General
  1. The owner of this web site is Xing Interactive B.V.whose address is Xing Interactive B.V., IJselstraat 19, 9406 TN Assen, The Netherlands (‘Xing’/‘we’ /‘us’/‘our’). Registration number 04082719..
  2. Your contract for purchases made through the Site is with Xing, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
  3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
  4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
  5. No contract for the sale of any product will subsist between you and Xing until Xing dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Xing of your offer to buy goods from Xing or a third party supplier that is engaged on your behalf by Xing (whether or not you receive that e-mail).
  6. You agree that e-mail can be used as a long-distance means of communication.
  7. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
  8. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 59 below from time to time.
  9. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
  10. Xing will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your data in accordance with the terms of our service partners Paypal.com and Regnow.com. Please view their terms at www.paypal.com and www.regnow.com for further information.
  11. You undertake that all details you provide to Xing for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
  12. If there are any changes to the details supplied by you it is your responsibility to inform Xing as soon as possible.
  13. All purchases are non-exchangeable, non-refundable and non-transferable.
  14. You may cancel your paypal.com order at any time prior to your order being processed by e-mailing sales@xinginteractive.nl. Any regnow.com orders are final as the instant download link is provided upon paying. We can also accept cancellations by telephoning +31-(0)592-398891 during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:
    1. sending the notice of cancellation by email to sales@xinginteractive.nl ensuring that you quote your name, address and order reference number; or
    2. where you have already received the goods, returning the goods to Xing unopened together with the original invoice. Xing will refund you the purchase price of the goods. Where appropriate Xing shall refund any additional customs duties borne by you on receipt of the relevant customs receipt.
  15. Once Xing receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to Xing from your paypal account in relation to your order will be re-credited to that account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Xing in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to Xing.
  16. Xing reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. Xing also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
  17. Liability
  18. This section applies only to the extent permitted by law. For the avoidance of doubt, Xing do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Xing’s negligence or wilful default, or that of Xing's employees, agents or subcontractors or (b) fraudulent misrepresentation.
  19. Xing does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
  20. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.
  21. Xing will do its best to correct errors and omissions as quickly as practicable after being notified of them.
  22. TO THE FULLEST EXTENT PERMITTED BY LAW, XING IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, PLAY.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
  23. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Xing shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Xing of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
  24. You and Xing will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
  25. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Xing do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Xing.
  26. All electrical products are covered by a twelve month manufacturer's warranty. If your product develops a fault while under warranty, please contact Xing and we will advise you where to send it for repair. It is a "return to base" warranty therefore there will be a delivery charge to return the product back to the relevant service centre.
  27. Processing of orders
  28. All prices include sales taxes (where applicable) unless otherwise stated, and additional charges are made for shipping and handling.
  29. Every purchase you make shall be deemed performed in the Netherlands. Dutch law shall govern every aspect of contractual agreement concerning purchases made from the Site.
  30. Xing aims to arrange shipment of all ‘in stock’ items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. Xing are not able to supply dates our suppliers may get an item in stock.
  31. Our standard Returns Policy applies to all purchases from Xing.
  32. Delivery/title/risk
  33. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
  34. If your delivery address is outside of the Netherlands, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Xing advises each customer to contact their local customs office for further information.
  35. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
  36. For Christmas Deliveries, we recommend that you order by the 18th December. We will endeavour to dispatch all ‘in stock’ orders within 48 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
  37. Paypal, Clickgamer and Regnow
  38. Xing make use of the services of Paypal.com for payments of physical goods. A free Paypal account can be registered at www.paypal.com and it allows you to pay via e-mail by credit card or bank transfer instantly. You will be linked to the paypal.com website when you place an order in Xing's Online Shop for a physical product. All pricing for physical goods is in Euros. Xing also make use of the American ESD payment facilities of Regnow.com. This means that you purchase any and all downloadable software products from Xing through www.regnow.com and will be linked to their website for secure payment by credit card and subsequent delivery as a download link. The J2ME Mobile Games on this site are sold through and delivered by U.K. registered e-commerce provider Clickgamer.com who supply a WAP portal for direct delivery to your mobile phone. .Xing does not assume liability for disputes between 3rd parties and Paypal.com, Clickgamer.com or Regnow.com. Please review their terms and conditions on the respective homepages of the three service providers.