Terms of service
GENERAL TERMS AND CONDITIONS OF USE.
1. Introduction.
Welcome to the website www.xantinas.us, the official online store of Xantinas LLC (hereinafter, the "Site"). This Site is operated and managed by Xantinas LLC, a limited liability company registered in the state of Wyoming, USA, with its headquarters located at 5830 E 2ND ST STE 7000, Wyoming. Xantinas LLC is duly registered in Wyoming under the entity identification number [2024-001516359] (State Entity ID Number) and complies with all fiscal requirements, including its tax ID and VAT number.
Access to and use of the Site are governed by these General Terms and Conditions of Use (hereinafter, the "General Conditions"). Before accessing the Site, using its services, or making any purchases, users must read, understand, and accept these General Conditions as well as the General Terms and Conditions of Sale.
If you do not agree with any part of these General Conditions, please do not use our website.
By using the Site, you agree not to use it for illegal purposes or any activity that violates any applicable law.
The Operators reserve the right to modify or update these General Conditions at any time, in whole or in part. Users will be notified of any changes or updates on the homepage of the Site, and such changes will be effective once published in this section.
If any clause of these General Conditions is found to be illegal, void, or invalid, such invalidity will not affect the validity of the remaining provisions.
2. Site Content.
Access to and use of the Site, including viewing the web pages, communication with the Operators, downloading product information, and purchasing such products, are activities carried out by users exclusively for personal purposes. These activities are not related to any commercial, business, or professional activities.
The Site may contain links (hereinafter, "links") to other websites that are not controlled by the Operators. We are not responsible for the content of these external sites or the privacy practices they follow. Therefore, we recommend that you read the terms of use and privacy policies of any third-party websites you visit via the links on our Site.
Including links to other websites does not imply any recommendation or endorsement by the Operators regarding the access, browsing, or the products and services offered by these third-party websites. The Site provides these links solely to help users navigate and search the web and facilitate hyperlinking to other sites.
3. Limitation of Liability.
By accessing the Site, you are solely responsible for your use of the Site and its content. The Operators shall not be liable for any use of the Site or its contents that does not comply with applicable laws, except in cases of willful misconduct or gross negligence.
You are also solely responsible for any damage or harm resulting from providing incorrect or false information or data concerning third parties without their express consent, or from any misuse of such information.
Finally, as material will be downloaded or otherwise obtained through the use of services selected at the user's own risk, the user assumes full responsibility for any damage to their IT systems or loss of data resulting from downloading material. The Operators shall not be liable for any such damages. The Operators also disclaim any responsibility for damages resulting from the inaccessibility of services on the Site or damage caused by viruses, corrupted files, errors, omissions, service interruptions, deletion of content, network issues, service provider or telephone/Internet connection problems, unauthorized access, data alterations, or malfunctions in the user’s electronic devices.
The user is responsible for the proper safeguarding and use of their personal data, including login credentials for accessing personal services, and for any consequences or damages caused to the Operators or third parties due to misuse, loss, or theft of such information.
4. Privacy Policy.
Please carefully read our Privacy Policy to understand how the Site collects and uses your personal data and for what purposes. This policy also applies to users who merely access the Site and use the related services, even if they do not make any purchases.
5. Intellectual Property Rights.
All content available on the Site, including but not limited to text, graphics, designs, logos, images, videos, tools, features, and software related to the Site, are protected by copyright and other intellectual property rights owned by Xantinas LLC and other relevant holders.
No part of this Site or its content may be reproduced in any way without the express written consent of the Operators, who have the exclusive right to authorize or prohibit any direct or indirect, temporary or permanent reproduction, in any form or medium, in whole or in part, of the Site and its content. Regarding the use of the Site, you are only authorized to:
(i) view the Site and its content;
(ii) perform any other temporary reproduction that is economically irrelevant, transient, or ancillary, and an integral part of viewing the Site and its content;
(iii) browse the Site, solely for lawful use of the Site and its content.
Any other form of reproduction must be authorized by the Operators or, if necessary, by the authors of the individual works available on the Site. Such reproduction actions must be carried out for lawful purposes and in compliance with the copyrights and other intellectual property rights of the Operators and the authors of the individual works available on the Site. The authors of individual works published on the Site may, at any time, assert their authorship and object to any alteration, editing, or other changes to their works, including actions that could harm the image or reputation of their works.
You agree to respect the copyright and intellectual property rights of artists who have chosen to publish their works on the Site or collaborate with the Site to create new expressive and artistic works. In no case are you authorized to use, modify, or alter any content of the Site or individual works protected by copyright or other intellectual property rights without the express consent of the Operators or the individual authors of such works.
6. Governing Law.
These General Conditions are governed by the laws of the state of Wyoming, USA, and will be interpreted in accordance with those laws. In the event of any dispute regarding the existence, validity, or interpretation of these General Conditions, the laws of Wyoming will apply, except in matters concerning consumer protection, where applicable federal laws may prevail.
If you are a consumer, you should refer in particular to the Consumer Protection Act of 1962 and other relevant U.S. federal laws that protect consumer rights in commercial transactions. Additionally, the Federal Trade Commission (FTC) regulates unfair and deceptive practices on a federal level. In Wyoming, provisions of the Uniform Commercial Code (UCC) and other state laws related to consumer protection and commercial transactions also apply.
In case of disputes, the applicable law will be that of the state of Wyoming, unless otherwise provided by relevant U.S. federal laws governing consumer protection or electronic commercial transactions.
7. Contact Information.
For assistance with orders, shipping, refunds, or returns of products purchased on the Site, or for any inquiries about the services provided by the Site and the Operators, please contact support@xantinas.us. For additional legal information, please refer to the General Terms and Conditions of Sale, the Right of Withdrawal, and the Privacy Policy.
8. Referral Clause.
For matters not covered by these General Conditions, reference is made to the General Terms and Conditions of Sale, as applicable.
TERMS AND CONDITIONS OF SALE.
Date of publication on the website and effective date: December 22, 2024.
1. Object.
1.1. These general terms and conditions of sale (hereinafter referred to as the "Terms") apply to the purchase of products under the brand "XANTINAS" (hereinafter referred to as the "Products" or individually, the "Product") through the e-commerce website www.xantinas.us (the "Site") by users who qualify as "Consumers" as defined in clause 1.2. The owner of the Site is Xantinas LLC, based in Wyoming, USA, with an address at 5830 E 2ND ST STE 7000, Wyoming. Xantinas LLC is registered in the state of Wyoming with the state entity identification number [2024-001516359] (State Entity ID Number) and is also registered in the Wyoming Commercial Register. Additionally, the company holds its respective tax code and VAT number (hereinafter, collectively "Xantinas").
1.2. The parties to the contract for the purchase of Products through the Site will be Xantinas LLC as the seller (the "Seller") and the person who buys one or more Products for purposes that should not be related to their business, craft, or professional activity, as the buyer (the "Consumer") (the Seller and the Consumer will collectively be referred to as the "Parties"). Reselling or transferring Products purchased on the Site for commercial or professional purposes is expressly prohibited. Xantinas and/or its suppliers/business partners will handle all activities related to the fulfillment of any purchase order, including the delivery of Products, the management of claims related to the exercise of the right of withdrawal, including refunds, returns, as well as what is provided for in the Consumer Code.
1.3. Xantinas LLC holds the rights to the domain name of the Site, the logos and trademarks related to the Products presented on the Site, as well as the copyrights to the content of the Site.
1.4. Any communication from the Consumer related to and/or linked to the purchase of Products made on Xantinas.us, including claims, complaints, requests regarding the purchase and/or delivery of Products, the exercise of the right of withdrawal, etc., must be sent to Xantinas using the addresses and in the manner indicated on the Site or by completing the contact form at this link.
1.5. All purchases are subject to the version of the General Terms and Conditions of Sale published on the Site when the Consumer places the order.
1.6. The Site is used for retail sales and, as such, is intended exclusively for use by Consumers. Therefore, individuals who are not Consumers should not place purchase orders on the Site. If one or more sales are made to a person who does not qualify as a Consumer, these Terms and Conditions will apply, but notwithstanding the above:
a) The buyer will not be able to exercise the right of withdrawal as set out in Clause 10;
b) The buyer will not be covered by the Product warranty as outlined in Clause 8;
c) The buyer will not enjoy any of the benefits provided in these Terms, which correspond to or comply with mandatory legal provisions;
d) The sales contract between the Seller and the buyer will be governed by the laws of the United States - Wyoming.
1.7. By placing an order, the Consumer agrees that confirmation of the information related to the order and these Terms will be sent via email to the address provided by the Consumer when registering on the Site or during the ordering process.
1.8. To make purchases through the Site, the Consumer must be over 18 years of age and have the legal capacity to act, which the Consumer declares they possess.
1.9. The Internet connection costs to access the Site will be borne exclusively by the Consumer, who will also be responsible for any telephone charges, according to the rates of the network operator selected by the Consumer.
2. Product Features and Availability in Different Geographical Areas.
2.1. The Products are sold as described on the Site and in accordance with the Terms published on the Site when the order is placed by the Consumer, excluding any other condition or term.
2.2. The Seller reserves the right to modify these Terms at any time, at its discretion, without prior notice to users of the Site. Any change will take effect from the date of publication on the Site and will only apply to sales made from that date onward.
2.3. Prices, products sold on the Site, and/or their features are subject to change without prior notice. These changes will only apply to orders that have not been confirmed on the date of the change. Before placing the order in accordance with Clause 3 below, the Consumer should, in any case, verify the final sale price.
2.4. It is possible to access and purchase from the Site from anywhere in the world.
3. Method of Purchasing Products – Execution of Each Purchase Contract.
3.1. The presentation of Products on the Site is not binding on the Seller and is merely an invitation for the Consumer to make a contractual offer to purchase, and not an offer to the public.
3.2. The purchase order made by the Consumer with the Seller through the Site is considered a contractual offer and is subject to these Terms, which will be an integral part of the order, and which, by placing the order with the Seller, the Consumer must accept in full without reservations. Before purchasing the Products, when submitting the order, the Consumer must carefully read these Terms and the information on the right of withdrawal. The Consumer must also verify and correct any errors in the personal information they have entered.
3.3. The Consumer's purchase order is deemed accepted by the Seller when the Consumer receives the order confirmation sent to the email address the Consumer provides when registering on the Site or when placing the order, if not registered on the Site. The order confirmation email will contain a link to these Terms, a summary of the order, full details of the price, shipping costs, applicable taxes, and a list of the Products ordered. The Consumer’s order, the Seller's order confirmation, and the Terms applicable to the relationship between the Parties will be electronically archived by the Seller in their computer systems.
3.4. Each purchase contract for Products is deemed executed when the Consumer receives the order confirmation from the Seller via email.
4. Procedure for Selecting and Purchasing Products.
4.1. To purchase the Products presented on the Site, the Consumer selects the desired Products and adds them to the shopping cart. Once the Products have been selected, to purchase them, the Consumer must: (i) register on the Site by providing the required information, or (ii) log in if already registered, or (iii) provide their details to complete the order and execute the contract. If the details provided in the order differ from those entered when completing the registration, the Consumer must confirm their details (e.g., name, surname, etc.), the address for delivery of the Products, the billing address, and a phone number to contact the Consumer regarding the order if necessary. A summary of the order will then be shown, which the Consumer can modify. After reading these Terms, the Consumer must accept them by checking the corresponding box on the Site, and finally, the Consumer must confirm their order, which will be sent to the Seller and will have the legal effects set out in Clause 3.2 of these Terms. The Consumer will also be asked to select delivery and payment methods. If payment is made by credit card or any other digital payment method, the Consumer must enter the corresponding details via a secure connection. For accounting and administrative purposes, Xantinas reserves the right to verify the information provided by the Consumer. If payment is made by credit card or any other digital payment method, the purchase amount will only be charged when the Seller sends the order confirmation to the Consumer.
4.2. If, when selecting the Product on the Site, as described in Clause 4.1 above, the Consumer notices that the price of one or more Products is incorrect due to a material error, they will be informed before the order is confirmed. In this case, the Consumer may correct the error or cancel the order.
5. Delivery of Goods and Acceptance.
5.1. The availability of Products and the delivery timeframe are published on the Site. This information should be considered purely indicative and is not binding on the Seller.
5.2. The Seller will make every effort to comply with the delivery timeframe indicated on the Site and, in any case, will deliver the products within 30 (thirty) days following the day after the Consumer places the order. If the Seller cannot fulfill the order because the Products are out of stock, even temporarily, the Seller will inform the Consumer in writing and will refund any amount the Consumer has paid for the Products as provided in Clause 5.3 below.
5.3. The Products ordered by the Consumer will be shipped using the method selected by the Consumer from the available shipping methods indicated on the Site when the order is placed. The Consumer must check and, as soon as possible, ensure that the delivery includes all the purchased Products and must immediately inform the Seller about any defects found in the received Products or if they do not match the order made, in accordance with the procedure in Clause 8 of these Terms; otherwise, the products will be considered accepted. If the packaging or box containing the Products ordered by the Consumer is clearly damaged upon arrival, the Consumer should refuse the delivery from the carrier or accept the delivery "with reservations."
6. Prices, Shipping Costs, Taxes, and Duties.
6.1. The price of the Products is the one indicated on the Site when the Consumer places the order. The prices include standard packaging, VAT (if applicable), and any indirect taxes (if applicable), but do not include shipping costs, which will be added before the Seller sends the order confirmation to the Consumer. The Consumer agrees to pay these additional shipping costs to the Seller in addition to the price shown on the Site.
6.2. The Consumer must pay the total price to the Seller, as shown on the order and the order confirmation sent by email by the Seller to the Consumer.
6.3. The Consumer must pay any additional costs, charges, taxes, and/or duties applied in a specific country for any reason to any Product ordered under these Terms.
6.4. The Consumer acknowledges that lack of knowledge of the costs, charges, customs duties, taxes, and/or other fees referred to in clause 6.3 when placing the order with the Seller does not constitute a reason for rescinding this contract, and none of the aforementioned costs may be charged to the Seller.
7. Payments.
7.1. The price of the Products purchased through the Site must be paid by the Consumer when the order is confirmed. The Consumer expressly agrees that the fulfillment of the contract by the Seller will begin when the price of the Product(s) purchased is credited to the Seller's bank account.
7.2. Payment may be made via credit card or any other digital payment method, according to the terms and conditions outlined below. The Seller may accept other payment methods, but if this is the case, they will be indicated in the payment section of the Site.
7.3. If payment is made via credit card, the Consumer will be transferred to a secure site, and the credit card details will be communicated directly to the Seller's bank. The entered details will be sent in a protected manner, using a secure data transfer system. These details are not accessible to the Seller.
7.4. If requested by the Consumer during the purchase process of the Products, the Seller will send the electronic receipt to the email address provided by the Consumer.
8. Legal Warranty of the Seller Regarding Suitability, Report of Unsuitability, and Intervention under the Warranty.
8.1. Xantinas guarantees to the Consumer that the Products will be free from design and component defects and will comply with the descriptions provided on the Site for a period of 2 (two) years from the date of delivery of the Products to the Consumer. This warranty will be excluded in any case where the Product has been used or washed in a manner not in accordance with the Product’s instructions, warnings, and guidelines provided by Xantinas, or the instructions contained in the technical sheets, brochures, or labels.
8.2. The Consumer will lose the right to claim the warranty if they do not inform the Seller of any defect or unsuitability within 2 (two) months after discovering the issue, by completing the contact form available at the provided link. The Consumer must include in the claim a detailed description of the alleged defect and/or unsuitability, along with the required documentation (description of the defect, photographs of the Product, order confirmation, and/or fiscal receipt).
8.3. Upon receiving the claim and related documentation, Xantinas will assess the alleged defects or unsuitability through its after-sales service. After verifying the true unsuitability of the Product, Xantinas will decide whether to authorize the return of the Products and will respond to the Consumer via email, providing a "Return Code" to the address indicated by the Consumer at registration or when the order was placed. Authorization for the return of the Product does not imply acknowledgment of the defects or unsuitability, which will be verified after the Products are received by the Seller. The Products authorized for return must be sent by the Consumer, along with a copy of the return authorization, within 30 (thirty) days from the notification of the defect or unsuitability.
8.4. In the case of defects or unsuitability, the Consumer may request that the Seller remedy the issue either by repairing or replacing the Product, or by requesting alternative remedies. If the Seller agrees to refund the price paid by the Consumer, the refund will be made, whenever possible, via the same payment method used by the Consumer for the Product purchase.
8.5. The legal warranty does not apply to products that have been modified, repaired, or altered in any way by the Consumer. It also does not apply to malfunctions, breakdowns, or defects caused by accidents or situations outside of the Seller's control, or if the product has been used in a manner inconsistent with its intended use, as described in the technical documents, usage instructions, or labels.
9. Liability for Damages Caused by Defective Products.
With regard to damages caused by defective products, the following provisions apply:
- Implied Warranties: Under the Uniform Commercial Code (UCC), products must be suitable for the purpose for which they were sold and must meet reasonable quality standards. If the product fails to meet these expectations, the manufacturer or seller may be held liable for the damages caused.
- Consumer Product Safety Act (CPSA): Defective products that pose a risk to consumer safety may be recalled, and manufacturers can be held liable for damages caused by such defective products.
- Local Laws in Wyoming: In Wyoming, liability for defective products is governed by strict liability and negligence laws, which hold manufacturers or distributors accountable for damages caused by defective products.
10. Right of Withdrawal.
10.1. The Consumer has the right to withdraw from any contract executed under these Terms, without the need to justify their decision and without penalty, within 14 (fourteen) days from (i) the delivery of the Product, or (ii) in the case of multiple products delivered separately in one order, from the delivery of the last Product.
10.2. To exercise the right of withdrawal, the Consumer must notify the Seller before the expiration of the deadline specified in Clause 10.1 of their decision to withdraw, by accessing the return page on the Site. If the Consumer has not registered, they may access the specific page and select the Products they wish to return. Alternatively, the Consumer can send an express declaration to Xantinas and/or Xantinas' suppliers/partners at the email address support@xantinas.com, communicating their intention to withdraw from the contract, following the instructions and procedures provided.
10.3. Upon exercising the right of withdrawal, the Consumer will receive a confirmation email, including instructions on how to return the Product. The Product must be returned within 14 (fourteen) days from the notification of withdrawal, to the address specified by Xantinas and/or its suppliers/partners.
10.4. If the Consumer has already received the Product, it must be returned to Xantinas without undue delay and, in any case, within 14 (fourteen) days from the date of communication of the withdrawal. This deadline will be considered met if the Products are returned before the end of the 14-day period. The Consumer will bear the risks and direct costs of returning the Products and will be responsible for providing proof of return. If the return service offered on the Site is used, the Consumer will be informed in advance about any associated costs.
10.5. In the case of withdrawal, any payment made by the Consumer will be refunded, minus shipping and return costs, and any costs related to the customization of the Products, without undue delay and, in any case, within 14 (fourteen) days from the date the right of withdrawal is exercised. Refunds will be made using the same payment method used by the Consumer for the initial transaction. Refunds may be delayed until the Products are received or until the Consumer provides proof that the items have been shipped, whichever occurs first.
10.6. The Consumer will be liable for any reduction in the value of the Products resulting from handling them in a way that goes beyond what is necessary to establish their nature, characteristics, and functioning. Therefore, if the returned Products are damaged (e.g., signs of wear, abrasions, scratches, dents, deformities, etc.), lack components or accessories (including unaltered labels and packaging), or are not accompanied by the original instructions/notes/manuals, packaging, and Warranty Certificate (if applicable), the Consumer will be responsible for the decrease in the Product's value and will only receive a refund equivalent to the residual value of the Product. It is recommended that the Products be returned in their original packaging, using another protective package to avoid damage during transport.
11. Intellectual Property Rights.
11.1. The Consumer acknowledges that all trademarks, distinctive names, images, photographs, texts, graphics, and designs used on the Site and in connection with the Products are the exclusive property of Xantinas LLC and/or its assignees. Access to the Site and the purchase of Products does not transfer any rights over these intellectual properties to the Consumer.
11.2. The content of the Site may not be reproduced in whole or in part, transferred by electronic or conventional means, modified, or used for any purpose without the prior written consent of Xantinas LLC and/or its assignees.
12. Consumer Data and Privacy Policy.
12.1. To register on the Site, place orders, and execute the contract in accordance with these Terms, the Consumer must provide certain personal data. The Consumer acknowledges that this personal data will be recorded and used by Xantinas and/or its suppliers/partners for the purpose of processing orders made through the Site and, with the Consumer's consent, for any other activities specified in the privacy policy provided at the time of registration.
12.2. The Consumer declares that the personal data provided to Xantinas during registration and purchase is accurate and correct.
12.3. The Consumer may at any time update and/or modify the personal data provided to Xantinas through the "My Account" section of the Site, accessible after logging in.
12.4. For more information on how the Consumer's personal data is processed, please refer to the Privacy Policy section and carefully read the Terms and Conditions of Use.
13. Security.
13.1. Although Xantinas has implemented measures to protect personal data against loss, falsification, and misuse by third parties, given the characteristics and limitations of electronic communications over the Internet, the Seller cannot guarantee that information or data accessed by the Consumer on the Site, even after logging in, cannot be accessed or viewed by unauthorized third parties.
13.2. Regarding payment information, the Seller uses the services of its Bank, which adopts technological systems that ensure the highest levels of reliability, security, protection, and confidentiality in online information transmission.