Valid since the 13th of June 2014, last changes on March 18, 2018.
1. Legal Notice
aXbo Limited operates the virtual aXbo shop www.axbo.com.
The technical processing is implemented by the e-commerce platform Shopify.
aXbo Limited operates the Zendesk Service & Support Center, hence this support portal is a part of www.axbo.com.
12-13 Ship Street
BN1 1AD Brighton
Company number 7884983
Telephone: +43 (660) 4725 937
In case of any questions, data enquiries and complaints please address our Service- & Support Center. Further information can be found at Contact.
Commercial Court Brighton
Right of rescission: 30 days upon receipt of goods, or from the date of ordering services
Warranty: according to the statutory regulations (24 months)
Place of performance and jurisdiction: Brighton
Governing law regulations: Trade Code
Description of business: Trade
Media owner, publisher, editor:
Address, post code, city: see address above
Type of business: development, production, marketing and sales of innovative technologies and products
The General Terms and Conditions apply to the sales and delivery of goods by aXbo Limited. Any deviating conditions on the part of the buyer shall only be valid if written or signed consent has been given thereto. When depositing an order, the buyer thereby declares himself to be in agreement with these general terms and conditions and to be bound to such general terms and conditions. Our offer range is without obligation. Orders by the customer shall be considered as an intent to purchase. The confirmation of the receipt of the order subsequently signed by us and any following status reports do not yet constitute the acceptance of the offer. The purchase contract shall only be considered once we have a dispatched the ordered goods and confirmed this consignment to the customer.
It shall only be possible to order goods after logging in has been completed. In the case of a first order it is necessary to register as a "New User." For additional orders it will suffice to enter the login and the password as established in the initial registration.
Consumers: in the case of legal transactions with consumers within the meaning of the Consumer Protection Act, these General Terms and Conditions of Business and Delivery shall apply insofar as they do not contradict any applicable mandatory provisions of the Consumer Protection Act.
4. Language of the Contract
The contents of the contract and all other information concerning customer services, data information and processing of complaints shall be made throughout in the English language.
Unless stated otherwise, all prices quoted shall be deemed current gross prices "ex works", plus all expenses in connection with the freight, shipment, or other means of dispatch. All indicated prices are final prices. As long as the requirement for VAT corresponding sales limits are not exceeded, no VAT will be charged or reported. In general, no VAT is shown in third countries. If any export or import taxes become due in the course of the dispatch of the goods these shall be borne by the ordering party. Customers outside of the European Union will be obliged to pay the national import duties for that particular country. Invoicing will be made in Euros.
6. Right of Rescission
Persons ordering, who are consumers within the meaning of the Consumer Protection Act, may withdraw from the concluded contract within a period of 30 days upon receipt of the consignment of the ordered goods providing that the contract was concluded remotely (or where this was a remotely submitted contractual declaration).
To exercise your right of cancellation, you must contact us (aXbo Limited, Service receiving office AT, address see below, e-mail and phone: see "Imprint & Contact") by means of an explicit explanation about your decision to withdraw from this contract. This can be done by e-mail, via phone call, through our Zendesk Service & Support Center or by means of a letter sent by post. You can use for example the attached sample of a withdrawal form (download) for this purpose.
In case that you make use of this possibility, we will immediately reply a confirmation of the receipt of your withdrawal to you (f.e. by e-mail). In order to protect the revocation period it is sufficient for you to send the message of withdrawal before the withdrawal deadline ends.
The address of returns is:
Service point for aXbo Ltd.
You have to return the goods without delay and in any case not later than fourteen days from the date on which you notify us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days ends. The costs of postage of forwarding shall be borne by the customer.
Consequences of the revocation
In the case of such rescission a whole or partial reimbursement of the purchase price shall only be made against simultaneous return of the received goods by the person ordering. One condition hereof is that the goods do not show any signs of use and that they are in a resaleable and new condition and sent back in the original packaging.
In the case of articles that are damaged by signs of use, or whose packaging is damaged, we shall charge accordingly for the deterioration in value. The same shall apply in the case of returned goods where the accessories (such as sensors, USB-cables, power supply, and/or adapter, manuals, etc.) are missing.
For this repayment, we use the same method of payment that you used for the initial transaction (unless we explicitly agreed otherwise). The payment methods "Sofortbanking" and "COD - Cash on delivery" require separate disclosure of your bank details (name of account holder, IBAN, BIC/SWIFT). In no case we will charge you - as a consumer from the EU - with any fee for this repayment. For consumer outside the EU charges/fees could arise by third parties (f.e. bank).
We have to pay back the repayments within fourteen days from the date on which your return has been delivered to us.
End of revocation.
Contents of service/delivery: aXbo Limited reserves the right to change the offered services (of www.axbo.com) in their content and optically at any time. The prices for those deliveries and services offered by ww.axbo.com do not include costs that are charged by third parties. In the case that not all articles ordered are immediately available, those articles that are immediately available shall be delivered immediately and the additional articles shall be delivered later as soon as these are available. The costs of dispatch will be invoiced separately. The delivery shall be made via Suxess Logistics, GO! Express, Flexlog, DPD, i-Log, X1 Express, EMS, regular mail, DHL, GLS, Cargo Partner, Dachser, UPS, Gebrüder Weiss, FedEx or TNT.
In case that tracking informations are available, they will be sent to you by email.
aXbo bundling consists of hardware and external software. With the software running on PCs, it is possible to upgrade the hardware at a later date. With upgrades additional functions can be added to the hardware e.g. Only the hardware is sent by post. Depending on the country, this could have an impact on whether or not customs clearance is required. The software is available via Internet download from software.axbo.com. This means that only part of the bundling price represents the value for the hardware sent by post. You can find a list of the prorated prices for hardware and software on this page. The product "aXbo sleep phase alarm clock" has represented a bundling since the product launch in 2006 and consisted of both hardware and external software. Due to various legal changes it was necessary to present this value allocation in concrete terms. In the event that the total amount of products in your shopping cart exceeds the duty-free limit valid for your country, you are responsible for clarifying with the respective customs authority whether the respective products in the shopping cart are individual products that are independent of one another or not, i.e. whether they are exceeding the duty-free limit or not. If necessary, you could split the order into several individual orders.
8. Delivery Times
The delivery for any product shall normally take place within six (6) working days as of the confirmation of the order, however in any case, within the statutorily prescribed delivery period of 30 days as of the date of ordering. The delivery times may be found on the list on our website under the footer-page "Shipping costs & Delivery times".
If the delivery should, in exceptional cases, be delayed, then we shall contact the customer immediately upon acquiring knowledge of such delay, however, within the period of 30 days, and shall seek the customer's agreement to the later delivery. Should the customer not agree to such late delivery, he shall be entitled to withdraw from the contract.
9. Costs of Forwarding
The costs of forwarding may be found on the list on our website under the footer-page "Shipping costs & Delivery times".
10. Means of Payment; Effecting Payment; Risk of loss; Risk of return
www.axbo.com offers its customers the highest degree of convenience when shopping and effecting payment. We accept PayPal included credit card (MasterCard, Visa, AMEX and Discover) and Sofortbanking. Starting with the entry of the customer data a codified transfer of data is carried out by Shopify, in accordance with the latest technological state-of-the-art - PCI and SSL-coding. By this means your data is protected from any unauthorized access. The payment will be charged as of the date of the transfer of goods. Furthermore we accept prepayment - in case of payments outside the European Union the cost of the money transfer has to be borne by the customer.
When goods are shipped, risk for loss of or damage goes over to the consumer not before the goods are handed out to the customer or to one from the customer appointed third party. In case that the customer takes care about the contract of carriage by him/herself without using one of our recommended shipping-possibilities, the risk goes over to the carrier by handing the goods.
If shipping to a country by common post e.g. causes a problem and this results in a return to the sender, which in turn causes costs, then these costs will be deducted from the amount to be refunded.
11. Data Protection
Our employees are subject to the secrecy obligations of the Data Protection Act. Even the mere fact that an exchange of correspondence has taken place shall be subject to the secrecy obligation. However, routing and domain information must and may be transferred. The customer hereby acknowledges that the use of the data regarding the customer as stated in the contract shall be stored and processed for our accounting purposes and for our customer files. The data will be used by us for the fulfillment of legal requirements and for the purpose of conducting payment transactions. Customer data will not be passed on to third parties, except where this is an essential requirement for the purpose of fulfilling the contract. aXbo general importers are able to access the customer data, which are required to register the serial number. Our contractual partners have been instructed in our data protection regulations and are under obligation to adhere to these. In the case of any further queries please refer to the information site. For data protection, general questions, complaints, etc. please contact our aXbo service- and support center.
www.axbo.com is hosted by Shopify (Shopify Inc., 126 York Street, Suite 200, Ottawa, ON, Canada, K1N 5T5). Shopify is an online e-commerce platform, which we use to sell our products. Your personal data is being stored on Shopify's servers. For more information please visit https://www.shopify.com/legal/privacy.
12. Reservation of Proprietary Rights, Warranty, Liability, Guarantee
The goods shall remain our property until full payment has been made for the goods ordered. Prior to full payment of the goods, the customer is prohibited from pledging the goods or transferring them as a security, or granting to third parties any other rights in respect of the goods. The warranty shall be limited as of the first of January 2002 to the statutorily stipulated period of 24 months. In case of repairs, the polluter pays principle applies, means in each case the sender has to pay for the shipping costs. Any defects arising are to be reported as soon as possible, either upon delivery, or when the defect becomes apparent. This is without prejudice to any rights of the customer that exist notwithstanding any failure to report damages, where the customer is a consumer within the meaning of the Consumer Protection Act (KSchG). In the case of reported defects that are justified, either a free replacement or an improvement will be granted, for which an appropriate notice period shall be set.
Where the purchase constitutes a trade transaction (of B2B) for the customer in accordance with Section 1 KSchG (377 (1) Commercial Code (HGB)), then the customer shall be obliged to examine the goods immediately upon receipt thereof and to report any defects found to us immediately. aXbo Limited is exclusively and only liable for damages attributable to intent and gross negligence, with the exception of damages to persons. The existence of petty or gross negligence is to be proven by the damaged party, insofar as this does not concern a consumer transaction. The compensation for subsequent damage (resulting from defects), as well as any other damage to property, asset damage, and damages by third parties against the customer, are excluded. aXbo Limited, being the operator of www.axbo.com, performs the services with greatest of care, however, it is not liable for those services made available by, or ordered by third parties. We guarantee our goods for a period of 6 months.
Difference between "Guarantee" and "Warranty" - reversal of burden of proof.
Guarantee is the right for the buyer, to get fixed a defect or to get exchanged the whole unit. Within the guarantee period, the buyer doesn't need to prove that the defect has already been existing at the time of purchase. As of the end of the guarantee period - i.e. as soon as it changes over to the warranty - the burden of proof turns and the customer has to prove that any defect has already been existing at the time of purchase.
13. Applicable law; Place of Jurisdiction
The parties to this contract hereby agree, insofar as there are no mandatory legal provisions to the contrary, that British law shall be applied to this contract. In the case that the contractual partner is a consumer, then the mandatory provisions of the law of that state in which he has his usual place of residence shall be applicable to this contract. In the case of disputes arising under this contract and insofar as the contractual partner is an entrepreneur, our company's domicile shall be agreed as being the place of jurisdiction. In the case that the contractual partner is a consumer then he may assert any claims against aXbo Limited either in United Kingdom, or before the courts of the contractual state in whose jurisdiction he has his place of residence. In the case that the contractual partner has his residence or his usual place of residence in United Kingdom at the time of concluding the contract, then any claims asserted by the contractual partner against aXbo Limited may only be made before the British courts.
14. Place of Performance
The place of performance for all services arising under this contract shall be the domicile of aXbo Limited.
All news items, graphic designs, and the design of the website of aXbo Limited, shall exclusively serve the purpose of providing personal information to our customers. The use shall take place at the customer's own risk. All data relating to this offer are subject to protection in accordance with Section 4 and Sections 87a ff of the Austrian Copyright Act. The reproduction, copying and printing of the entire website is only permitted for the purpose of ordering from aXbo Limited. Any other form of processing, copying, or distribution and/or public reproduction thereof, extending over and above the aforementioned use, exceeds such fair use, and thus constitutes a breach and infringement of copyright law.
16. Place of Arbitration
We hereby recognise the Internet Ombudsman as the exclusive place of out-of-court arbitration. In the case of any further queries on the subject of dispute settlement, please refer to our aXbo Zendesk service- and support center, or to the Internet Ombudsman at: www.ombudsmann.at.
Any ineffectiveness or invalidity, or the cancellation of individual provisions of these General Terms and Conditions of Business shall not affect the legal effectiveness of the remaining provisions. The United Nations Convention on Contracts for the International Sale of Goods, as well as all or any provisions relating to the UN Convention on Contracts for the International Sale of Goods, is hereby expressly excluded.