Xtakes Europe

Terms of use

1. This page (and the pages referred to here) sets out the terms of use (the “Terms of Use  ) under which you may use the website www. xtakes.eu (the ” Website “), either as a visitor or as a registered user. Please read these terms carefully before using the Website. By using the Website, you indicate that you accept these Terms of Use and that you will abide by them. Your use of any part of the Website indicates that you accept these Terms of Use, which become effective when you first use the Website. If you do not accept the Terms of Use, you should stop using the Website immediately.

  1. The website www.xtakes.eu is operated by X Solutions HB (“we”), a company registered in Sweden and has its office in Malmö Sweden.
  2. We reserve the right to change these Terms of Use at any time by posting changes online, without first notifying you. You are responsible for regularly checking information online to find out changes in time. If you continue to use the Website after the publication of changes, it means that you accept the changed Terms of Use.
  3. You are responsible for all access to the Website through your Internet connection and for informing potential other users of these Terms of Use.
  4. You shall not in any way use the Website to or notify us or the Website or any other user of the Website in any way:

a) is a violation of any law, constitution, regulation or statute of applicable jurisdiction;

b) is fraudulent, criminal or illegal;

c) is incorrect or out of date;

d) may be obscene, inappropriate, pornographic, vulgar, offensive, racist, sexist, discriminatory, insulting, derogatory, harmful, harassing, intimidating, harassing, malicious, abusive, hateful, threatening, defamatory, untrue or political;

e) represents another person or distorts a relationship with another person;

f) may infringe upon or infringe any copyright or other intellectual property rights (including and without limitation trademark and broadcasting rights) or the privacy or other rights of us or any third party;

g) is contrary to our interests

h) contradicts any particular rule or requirement stated on the Website regarding a particular part of the Website or the Website in general; or

i) includes your use, spread or transmission of viruses, junk e-mail, Trojans, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or drivers intended to damage, disrupt, prevent or take over systems; data or personal data.

6. You hereby grant us an irrevocable, royalty-free, worldwide, transferable permission to use all material you submit to us or the Website for the purpose of using the Website and to market (in any way and in all media) our services. You agree that we may change your information.

  1. Comments and other material provided on the Website are not intended to be advisory. We therefore disclaim all responsibility for the trust placed on such information provided by any visitor to the Website, or anyone who may be informed of its content.
  2. You undertake to always follow the user instructions for the Website.

Website accessibility, security and accuracy

  1. Although we strive to have the Website available 24 hours a day, we cannot be held responsible for any reason that the Website would not be available at any time. We do not guarantee that your access to the Website will be continuous, in a timely manner and without error. Due to the nature of the internet, this cannot be guaranteed. In addition, at certain times we may need to carry out repairs and maintenance or introduce new sites and features.
  2. Access to the Website may be suspended for you personally or for all users at any time, temporarily or permanently, at any time and without notice. We also reserve the right to impose restrictions on how any part of the Website is used, for any reason, should it be needed. If we impose restrictions on you personally, you may not attempt to use the Website under any other name, or as another user.
  3. We do not guarantee that the Website is compatible with any hardware or software that you use. We shall not be liable for any damages that may occur to your computer equipment, software or other affiliation, through viruses or other code, depending on your access to or your use of the Website. Nor should we be held responsible for the actions of third parties.
  4. We may change or update the Website and all its contents without informing you.
  5. Although we strive for the information and materials on the Website to be accurate, we make no warranty, express or implied, that information is complete, accurate, up-to-date and appropriate. Within the framework of the law, we do not accept any responsibility for errors or omissions. This does not affect our possible contractual obligation towards you to provide you with services, including any contractual obligation to provide you with correct information and advice, which is achieved through a secure part of the Website, accessible to persons with relevant login information.
  6. The material on the Website is provided for informational purposes only and shall not render in commitment or obligations on our part. Information on the Website shall not form part of offers or agreements.

Registration for use of the service

  1. If you want to place an order on the Website to purchase any product listed on the Website, you will need to register a user account (” Account “) on the Website, which you will have access to through the Website’s “My User Account” section. To register, you need to provide your name, address and e-mail address and possibly other personal information. See our ” Privacy Policy ” for more information on this.
  2. Once you have registered on the Website, you will be asked to create a username and password for your Account. You must keep the password secret and contact us immediately if the password gets into the wrong hands or if someone uses your email address or Account without permission or if you know of any other security issue. You agree that persons to whom you have provided your login information have the right to act in your name regarding the use of your Account. Please keep in mind that you are fully responsible if you do not keep your password secret.
  3. You must be registered with a valid personal e-mail address that you use regularly, e.g. so that information about processing can be sent to you. An Account created with someone else’s email address or with a temporary email address may be closed without notice. We may require you to verify your Account upon registration if we suspect you have used an incorrect email address.
  4. We reserve the right to close your Account if a non-EU user claims to be a EU user. This also applies if a user disturbs the Website in any way.
  5. When you register an Account, and when you log in to it afterwards, you have the option to choose whether you want to receive information mailings (eg newsletters, information about offers). You can cancel your subscription to such mailings at any time by logging in to your Account.
  6. We store information regarding your orders for items listed on the Website, but for security reasons you can not directly access this information. However, you will find this information if you log in to your Account. There you can see information regarding your completed, open or recently sent orders as well as manage and save address information, bank details and newsletters that you may subscribe to.

Responsibility

Xtakes requests that everyone who sells on Xtakes Europe Marketplace from both Xtakes and Xtakes Partners comply with European legislation.

We shall not be liable (whether in agreement, violation, negligence, restoration or any legal aspect of liability) in relation to your use or inability to use or delay the use of the Website or material on it or available from it or from any action or a decision as a result of using the Website or such material for any of: (a) indirect losses or consequential losses, damages, costs or expenses; (b) loss of actual or expected profit; c) loss of contract; d) loss of money use; e) loss of expected savings; f) loss of turnover; g) loss of goodwill; h) lost reputation; i) lost business; j) loss of time; k) loss of opportunity; or l) loss of, damage to or corruption of data; whether such losses were reasonably foreseeable or whether we have been informed that you may suffer such losses. For the avoidance of doubt, (b) and (l) apply regardless of whether such loss is direct, indirect or otherwise.

Brands

  1. Xtake’s names and logos and all related names, design marks and slogans are our or our licensors’ trademarks or service marks.

Intellectual property rights

  1. Xtakes has the right to publish all intellectual property on the Website and in the material published on it. These properties are protected by copyright laws and treaties worldwide. Reproduction is prohibited.
  2. You may print a copy or download excerpts from any part of the Website for personal use and you may make other persons within your organization aware of material published on the Website.
  3. You may not in any way alter printouts or digital copies of the material on the Website and you may not use illustrations, photographs, video or audio sequences or other graphics separated from associated text.
  4. You may not use any material on the Website for marketing purposes.

29. If you print, copy or download any part of the Website in violation of the Terms of Use, your right to use the Website expires immediately and you must, at your option, return or destroy all copies of the material you have made.

Information about you and your visits to the Website

  1. We handle information about you in accordance with our Privacy Policy . By using the Website, you agree to this and guarantee that all information about you is correct.

Transfers through the Website

  1. Agreements for the provision of products, closed through the Website or as a result of your visits, are governed by our General Terms and Conditions.

Third Party Websites

  1. We have no control over and we accept no responsibility for the content of any page we link to (if the page we link to is not run by us). We have such links only for your sake without warranty, express or implied, for the content of the pages. We do not advertise or make recommendations for third party websites, the links of which we have on the Website.
  2. You may not, without our permission, make a frame with the Website to your own or someone else’s website.
  3. We hereby give you a revocable, non-exclusive and royalty-free permission to link to our Website from your website, provided that you do so in a fair and lawful manner, without harming our reputation or taking advantage of it. Particularly:
  4. a) you shall not make any warranties or representations about us, our services or policies unless you have expressly obtained our approval;
  5. b) you must not say anything that is wrong, misleading, derogatory or offensive about us, our services or policies; and
  6. c) you shall not, expressly or implicitly, claim that we recommend your site or cooperate with it if this is not the case.

Other

  1. Should any of these Terms be found to be unlawful, invalid or otherwise unenforceable by the laws of a State or country where those terms were intended to apply, the unlawful, invalid or unenforceable term shall, as far as permitted by law, be separated and removed and the other Terms of Use shall continue to apply and remain binding and applicable.

Applicable law and jurisdiction

  1. These Terms of Use and your use of the Website (and all relationships without contracts or similar contracts that may arise through or in connection with them) shall be governed by and interpreted in accordance with Swedish material law. You accept the exclusive jurisdiction of the Swedish judicial system to settle disputes that may arise through these Terms of Use.
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