These Terms and Conditions consist of the following sections:

1. Introduction
2. Product Purchase Terms, including XTRONGHOLD Gift Card Terms & Conditions and Limited Edition Terms & Conditions
3. Use of the Platform
4. Digital Content and Digital Services Purchase Terms
5. Miscellaneous, as well as policies and documents linked herein (collectively “Terms & Conditions”).

1 INTRODUCTION

 

When you place an order for our Products through www.xtrd.com, www.xtronghold.shop, the XTRONGHOLD app (the “App”), or any related platform where these Terms and Conditions are presented (collectively referred to as the “Platform”), upon acceptance of your order, a sales contract will be executed between you and XTRONGHOLD GmbH, registered in Munich Germany with business registration number HRB 287489 and with VAT number DE364189517. This contract will be governed by these Terms and Conditions and specifically by the Product Purchase Terms mentioned below.

Similarly, downloading the App or creating an XTRONGHOLD account constitutes agreement to these Terms & Conditions and, specifically, the Use of the Platform Terms (Chapter 3) mentioned below.

XTRONGHOLD GmbH is responsible for all transactions and communications made under these Terms.

2 PRODUCT PURCHASE TERMS

 

2.1 When do these Purchase Terms apply?

These Purchase Terms apply to all offers and contracts for the sale and delivery of products by us. You accept these Terms when you (i) order any Product from the Platform, (ii) request any Product directly related to the Platform, or (iii) accept an offer for a Product from us. Deviations from these Terms require written agreement from us.

 

2.2 Products

We offer various types of products, including (1) standard physical products created by us, (2) personalized products where you can add content, and (3) electronic and physical gift cards, collectively referred to as “Products”.

2.3 Requirements to conclude a contract with XTRONGHOLD

You must be at least 16 years old to purchase Products via the Platform. Orders are only permitted if you are a consumer, not a reseller. You are responsible for the accuracy and completeness of the information provided during order submission.

2.4 How is a contract concluded with you?

All information on the Platform is an invitation to transact. Your order represents an offer to purchase the listed Products. Acceptance of your order occurs when we confirm shipment or delivery is ready via notification. We reserve the right to verify orders and refuse acceptance without liability.

2.5 Retention of title

XTRONGHOLD remains the owner of the Products until full payment is received. Products may not be sold or encumbered before the transfer of title to you.

2.6 Maintenance of Products

Please refer to the product labels for handling instructions. We are not liable for damages caused by non-compliance with these instructions.

2.7 Order Cancellation

Cancellations for standard Products might be possible under limited conditions. For details, see the Help section of the Platform.

All prices listed on our platform include the applicable Value Added Tax (VAT) for sales within the European Union and are quoted in euros (EUR). Prices for international orders may be subject to additional taxes or duties as required by the destination country, which is the responsibility of the customer.

Prices are subject to change prior to order placement at XTRONGHOLD GmbH’s discretion. Any changes to pricing will be communicated clearly at the time of order confirmation.

Delivery costs vary depending on the destination and shipping method selected. These costs will be clearly itemized during the checkout process.

For international deliveries outside the EU, please note that additional shipping costs and delivery times may apply. Customers are responsible for any customs duties or import taxes that may be applicable in their country.

2.9 Methods of Payment

We accept all major credit cards, major debit cards, PayPal, mainstream European payment methods, direct transfers, and various other secure online payment methods. Please note that we reserve the right to perform individual credit checks and refuse certain payment methods where necessary. For a complete list of payment methods we accept, please visit our Accepted Payment Methods section at www.xtrd.com/payment-methods.

2.10 Invoicing

Invoices may be issued electronically. You consent to this method.

2.11 Special Aspects of Personalized Products

At XTRONGHOLD GmbH or XTRONGHOLD, we offer you the opportunity to personalize certain products, such as activewear and sports equipment, to reflect your individual style or preferences. Personalization options may include but are not limited to adding a name, number, initials, or selecting colors and designs.

***2.11.1 Guidelines for Personalization

To ensure a positive experience for all our customers, we request that all personalization adheres to the following guidelines:

• Personalization must not include any text, images, or content that could be considered offensive, defamatory, or inappropriate.
• Avoid using third-party trademarks, names, or images without authorization.
• Refrain from using names, nicknames, or symbols that may infringe upon third-party rights, including but not limited to celebrities or brands.

Personalization must comply with applicable laws and regulations.

***2.11.2 XTRONGHOLD’s Rights

We reserve the right to reject any personalization that violates the above guidelines or is deemed unacceptable in our sole discretion. Examples of rejections may include, but are not limited to:

• Offensive or explicit language or graphics.
• Infringements on intellectual property rights.
• Political or socially sensitive content.
• Unauthorized use of business names, brands, or logos.

If personalization is rejected after an order is placed, we will contact you to revise the personalization or cancel the order.

***2.11.3 Customization Limitations

Please be aware that our personalization system may not support some characters, symbols, or languages. In such cases, you will be prompted to alter your selections.

***2.11.4 Liability and Indemnity

By submitting a request for a personalized product, you affirm that the personalization data you provide does not infringe upon any third-party rights. You agree to indemnify XTRONGHOLD GmbH against all costs, expenses, claims, damages, and losses incurred due to breaches of these guidelines.

***2.11.5 Return Policy for Personalized Products

Due to the custom nature of personalized products, they cannot be returned unless they are defective or do not conform to your order. Please double-check your personalization details before completing your purchase.

Customizations must comply with our standards. Inappropriate content may lead to order cancellation.

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3 USE OF THE PLATFORM

Use of the Platform signifies acceptance of the Terms of Use detailed here. Unauthorized activities and misuse of the Platform are strictly prohibited.

3.1 Introduction

These Terms of Use apply to your access and use of the Platform, including the software provided on the Platform (“Software”).

Your access to and use of the Platform, as well as the information, materials, products, and services available through the Platform, are subject to these Terms of Use. This applies regardless of whether you possess an account through the Platform linked to your name and/or contact information (“Account”).

Please read these Terms of Use carefully before using the Platform. By continuing to access or use the Platform, you acknowledge that XTRONGHOLD GmbH has provided valuable consideration by offering the Platform free of charge, and in exchange, you agree to these Terms of Use.

If you do not agree to be bound by these Terms of Use, please do not access or use the Platform.

If the provision of personal data as part of accessing and using the Platform qualifies as payment under applicable law, the terms included in Chapter 4 apply.

3.2 Changes to these Terms of Use

We may revise these Terms of Use at any time if deemed reasonably necessary (for example, for security, legal, or regulatory reasons). We will provide as much advance notice as possible, either by notifying you when you log in to the Platform or through other means using contact information provided by you.

In certain circumstances, you may be required to download the latest version of the Platform and/or accept a new version of these Terms of Use before continuing to use the Platform. Your continued use of the Platform constitutes acceptance of any new or amended terms and/or updates.

3.3 Copyright and Ownership

All content featured or displayed on the Platform, including but not limited to text, graphics, photographs, images, moving images, sound, and illustrations, is owned by XTRONGHOLD GmbH, its licensors, vendors, agents, and/or content providers (“Content”).

You must use the Platform and its Content solely for its intended purpose. Unless otherwise specified, you are permitted to view, play, print, and download Content for personal, informational, non-commercial use only.

You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or Content on the Platform. Without explicit authorization under applicable copyright law, permission must be obtained before reusing any copyrighted material on the Platform in other applications, websites, or services.

You are responsible for compliance with all applicable laws regarding your use of the Platform. The Platform, Content, and all related rights are the exclusive property of XTRONGHOLD GmbH or its licensors unless expressly agreed otherwise. You must not remove any copyright, trademark, or proprietary notices found on the Platform.

3.4 Trademarks

All trademarks, service marks, and trade names used in connection with the Platform (“Marks”) are trademarks or registered trademarks of XTRONGHOLD GmbH, its affiliates, partners, vendors, or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify XTRONGHOLD Marks in any way, including in advertising or publicity, without our prior written consent. The use of XTRONGHOLD Marks as “hot” links on or to other platforms is prohibited unless approved in advance.

3.5 Software

The Software is provided by XTRONGHOLD GmbH under the following terms. We grant you a non-exclusive, non-transferable, limited license to use the Software only for the purpose of using the Platform. Except as specifically provided, you may not: (a) copy the Software, (b) distribute copies of the Software to third parties, (c) modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or create derivative works based on the Software, except as permitted by law, (d) use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to the Software, or (e) allow unauthorized third-party access.

Unauthorized software or automated means such as robots, spiders, or scrapers are forbidden from accessing the Platform. Attempts to gain unauthorized access to any part of the Platform, including its systems, through illicit means are prohibited.

Certain third-party materials provided for use with the Software are governed by open-source licenses. XTRONGHOLD GmbH claims no ownership of such open-source software, which is supplied according to its respective licenses.

3.6 Accuracy of Information

We strive to ensure that information on the Platform is complete, accurate, and up-to-date. However, this cannot be guaranteed at all times, and we are not required to maintain or update such information. Reliance on the information provided is at your own risk.

3.7 Minors

Access or use of the Platform is restricted to individuals who are 16 years of age or older.

3.8 Your Provision of Information

When you provide information about yourself to XTRONGHOLD GmbH or to other users of the Platform, including when creating an Account, you agree to:

(a) provide accurate and current information, not impersonating another individual, and

(b) maintain and promptly update such information to keep it accurate and current.

If you provide any information that is untrue or inaccurate, or if we have reasonable grounds to suspect that the information is untrue or inaccurate, we reserve the right to suspend or terminate your account, refuse any or all current or future access to the Platform, and/or deny you services provided on the Platform.

3.9 User-Provided Content

You understand that all information, data, or other materials that you and other users upload, post, transmit, publish, display, or otherwise make available through the Platform (“User-Provided Content”) are the sole responsibility of the person from whom such content originated.

XTRONGHOLD GmbH does not control the User-Provided Content posted and does not guarantee its accuracy, integrity, or quality. The User-Provided Content is for informational purposes only and is not intended as a substitute for professional advice.

By using the Platform, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. We are not responsible for any User-Provided Content and will not be liable for any loss or damage caused by its use or reliance.

By making User-Provided Content available through the Platform, you represent that:

• you are the owner of all rights in such User-Provided Content;
• you have waived all “moral rights” in such content, including the right to be identified as the author;
• you have the right to allow our use of such content under these Terms of Use;
• your content does not violate these Terms, any contract terms you are bound to, or applicable law;
• you are at least 16 years old.

3.10 Your Grant of License to XTRONGHOLD for User-Provided Content

By uploading, posting, transmitting, publishing, displaying, or otherwise making User-Provided Content available, you grant XTRONGHOLD GmbH a worldwide, perpetual, non-exclusive, royalty-free license (with the right to sublicense) to use, reproduce, display, adapt, modify, publish, or distribute such User-Provided Content in any form or medium.

XTRONGHOLD GmbH may modify or adapt User-Provided Content for transmission and distribution on networks and media that require adaptation. We may, at our discretion, refer to your name or other identifier when publishing User-Provided Content. You confirm that our use of your content will not infringe any third-party rights.

3.11 XTRONGHOLD’s Discretion to Use User-Provided Content

XTRONGHOLD GmbH may use any User-Provided Content you make available in accordance with our Privacy Notice. We reserve the right to change, condense, delete, or refuse to post any User-Provided Content on the Platform at our discretion. We do not guarantee you will be able to edit or delete your content on the Platform. We are not obligated to keep such content confidential.

3.12 Your Conduct

You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Platform. Additionally, you agree not to:

• Upload, post, transmit, publish, or display any User-Provided Content known to be false, inaccurate, or misleading or that violates any laws or regulations, including those governing consumer protection or privacy.
• Upload, post, or transmit any content that is defamatory, obscene, threatening, or otherwise objectionable or illegal.
• Use the Platform to forge headers or manipulate identifiers to disguise the origin of any content transmitted through the Platform.
• Violate any patent, trademark, trade secret, copyright, or proprietary rights of any party.
• Transmit any unsolicited advertising or promotional materials or engage in any form of solicitation.
• Introduce any software viruses or harmful code into the Platform.
• Attempt unauthorized access to the Platform or related systems.
• Use any automated tools to collect information from the Platform without our prior permission.
• Harvest or collect information about other users, including email addresses.
• Interfere with the operation of the Platform or its servers.

3.13 Links to Websites and Online Services Owned or Controlled by Third Parties

For convenience, the Platform may contain links to third-party websites and services not controlled by XTRONGHOLD GmbH. These links do not imply an endorsement of these websites or services, and we are not responsible for the content or practices of these third-party entities. Access to and use of these sites is at your own risk.

3.14 Registration and Passwords

You may be required or permitted to register or obtain a login ID and password to access certain pages or services on the Platform. You are responsible for maintaining the confidentiality of your login ID and password and are accountable for all activities that occur under your account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or account, or any other breach of security. You may be held liable for losses incurred by XTRONGHOLD GmbH or any other user due to someone else using your account as a result of failing to keep your account information secure and confidential.

3.15 Operation of the Platform and Termination of this Agreement

XTRONGHOLD GmbH reserves the right, at any time and at our sole discretion, with or without notice, to:

(i) modify, suspend, or terminate the operation of, or access to, the Platform, or any portion of it, for any reason including violations of these Terms of Use;

(ii) modify or change the Platform, or any portion of it;

(iii) interrupt the operation of the Platform, or any part of it, as necessary to perform routine or non-routine maintenance, error correction, or other changes required to enhance the Platform’s technical functionality or improve user services.

Upon termination of this agreement:

• All rights granted to you under these Terms of Use will cease immediately.
• You must stop all activities authorized by these Terms of Use, including your use of the Platform.
• You must delete or remove the Platform from your devices and destroy all copies of the Platform in your possession.

You can terminate this agreement without notice by uninstalling the App. Uninstallation methods vary; please consult your device’s manual for specific instructions.

The clauses concerning your grant of license for User-Provided Content and liability for loss or damage shall survive the termination of this agreement.

3.16 Access to the Platform

XTRONGHOLD GmbH and its affiliates do not guarantee that the functions contained in the Platform will be uninterrupted or error-free, or that defects will be corrected. We may suspend, withdraw, discontinue, or modify all or any part of the Platform without notice.

3.17 Our Responsibility for Loss or Damage Suffered by You

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill. However, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious it will happen, or if both we and you knew it might happen at the time of entering into these Terms.

We do not exclude or limit in any way our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. We will not be liable for damage you could have avoided by following our instructions to apply a free update or for damage caused by your failure to follow installation instructions or to have in place the minimum system requirements.

The Platform is intended for domestic and private use. If you use the Platform for commercial, business, or resale purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3.18 Even if We Delay in Enforcing this Contract, We Can Still Enforce it Later

Even if we delay enforcing this contract, we can still enforce it later. If we do not insist immediately on compliance with these Terms, or if we delay in taking steps against you regarding your breach of this contract, it does not mean you do not have to comply later, and it will not prevent us from taking steps against you at a subsequent time.

 

4 DIGITAL CONTENT AND DIGITAL SERVICES PURCHASE TERMS

 

 

4.1 When Do These Purchase Terms Apply?

These Purchase Terms apply when you provide us with your personal data in exchange for access to and use of our Platform. This Chapter 4 does not apply when we collect your personal data solely to supply digital content or digital services to you, to fulfill legal requirements, or where we only collect metadata under applicable law. You agree to these Purchase Terms when you start using the Platform, for instance, by creating an XTRONGHOLD account. Any deviations from these Purchase Terms require written agreement from us.

If you do not agree to be bound by these Terms of Use, do not access or use the Platform.

4.2 Conformity; Updates

At XTRONGHOLD GmbH, we prioritize quality and have a legal obligation to ensure our Platform conforms to the contract. We will periodically offer and request you to install security and technical updates. It is your responsibility to install such updates promptly and to update your device’s operating system if required. Failure to install updates may result in nonconformity, for which we are not liable.

If our Platform does not conform to the contractual agreement, you have the right to have defects rectified. This right expires two (2) years after the delivery of the Platform. You are expected to reasonably cooperate with us to determine if the nonconformity is due to your digital environment. Failure to provide such cooperation places the burden of proof on you.

4.3 Right of Withdrawal

You have the right to withdraw from your agreement with us within fourteen (14) days from the date of the agreement (the “Withdrawal Period”) without citing any reason.

To adhere to the Withdrawal Period, you must notify us of your intention to exercise your right of withdrawal before the period expires.

To exercise your right of withdrawal, inform us by sending a clear declaration (e.g., a letter) to:

XTRONGHOLD GmbH
Maximillian Straße 13
c/o Signature By Regus
80539 Munich, Germany

Alternatively, you may exercise this right electronically on our Platform by using the designated withdrawal form, or by deleting your account through ‘Data Settings’ within the Withdrawal Period. We will confirm your withdrawal via email.

4.4 Consequences of Withdrawal

If you withdraw from the agreement, access to the Platform will be terminated, and you must refrain from using or making it available to third parties.

We will cease using any User-Provided Content not qualifying as personal data unless:

i. It has no use outside the context of the Platform, ii. It is exclusively related to your use of the Platform, iii. It has been aggregated with other data and cannot be disaggregated without significant effort, or iv. It was generated by you along with other customers, and others can still use it.

Upon your request, we will provide you with non-personal User-Provided Content, except in situations (i), (ii), and (iii) above.

If you wish to receive a copy of your User-Provided Content, make sure to download it before account deletion via ‘Data Settings’ or through the indicated requests. Your account can only be deleted after data export.

For personal data within User-Provided Content, the Privacy Notice governs the consequences of withdrawal.

4.5 User-Provided Content; Consequences of Termination

Upon termination of the purchase agreement:

• The rights granted under Section 3.11 concerning non-personal User-Provided Content will expire. However, this does not apply if the content:

1. has no use outside the context of the Platform, ii. is exclusive to your Platform use, iii. is aggregated with other data and cannot be separated without effort, or iv. was co-created with other users, permitting their continued use.

• At your request, we will provide any non-personal User-Provided Content free of charge in a standard and machine-readable format. This does not apply in situations (i), (ii), and (iii) above.
• For User-Provided Content containing personal data, the terms outlined in our Privacy Notice will apply.

 These terms apply when providing personal data for access and use of the Platform.

5 MISCELLANEOUS

Contact details, dispute policies, and jurisdictional guidelines are outlined here.

5.1 How to contact us?

If you have any questions or comments regarding the Platform or XTRONGHOLD’s Terms and Conditions, or if you would like to file a complaint, please feel free to reach out to our Customer Support. You can find the contact information in the Help & Support section of the Platform at https://xtrd.com/help-support/.

Alternatively, you may also write to us using the following address:

XTRONGHOLD GmbH
c/o Signature By Regus
Maximilian Str. 13
Customer Relations & Success
80539  Munich,
Germany
Email: [email protected]

5.2 Priorities

In case of any contradiction between the XTRONGHOLD Terms and Conditions and any other content contained within the Platform or in external links, the XTRONGHOLD Terms and Conditions contained in this document shall prevail.

5.3 Amendments to XTRONGHOLD’s Terms and Conditions

We reserve the right to make changes to these Terms and Conditions at any time.

The use of this Platform, as well as any purchase agreement executed between you and us, will be subject to the version of the XTRONGHOLD Terms and Conditions in force at the time you place the order through this Platform or on the day you browse this Platform (as applicable).

Please check the XTRONGHOLD Terms and Conditions periodically for changes.

5.4 Data Protection

XTRONGHOLD GmbH fully respects the privacy of individuals who access and use the Platform. Your personal data will be collected and used to fulfill necessary contractual obligations outlined in these Terms and Conditions. For information on how we use cookies, the type of information we collect, the purposes for which we use your information, and under what circumstances we disclose information, please see our Privacy Notice.

5.5 Severance

Each provision of the XTRONGHOLD Terms and Conditions shall be construed separately and independently of the others. If any provision is deemed invalid, void, or otherwise unenforceable, that provision shall be deemed severable and shall not affect the enforceability of any of the other provisions of these XTRONGHOLD Terms and Conditions.

5.6 Sub-contracting and Assignment

XTRONGHOLD GmbH reserves the right to subcontract, transfer, assign, or novate all or any of our rights and obligations under the XTRONGHOLD Terms and Conditions, provided that your rights under these Terms and Conditions are not affected. You may not subcontract, assign, or otherwise transfer any of your rights or obligations under the XTRONGHOLD Terms and Conditions without our written consent.

5.7 Events Beyond Reasonable Control

XTRONGHOLD GmbH will not be held responsible for any delay or failure to perform or comply with our obligations under the XTRONGHOLD Terms and Conditions when such delay or failure arises from any cause beyond XTRONGHOLD’s reasonable control.

5.8 Applicable Law and Jurisdiction

These Terms & Conditions are governed by the laws of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). By agreeing to these Terms and Conditions, you agree that any disputes arising from or related to these Terms shall be exclusively submitted to the competent courts of Munich, Germany.

This does not affect your right to bring proceedings in the courts of your habitual residence if you are an EU consumer and mandatory EU consumer protection laws allow such action.

5.9 Alternative Dispute Resolution

The European Commission offers an online dispute resolution (ODR) platform designed to help consumers and traders resolve disputes out of court. The platform is accessible at https://ec.europa.eu/odr.

XTRONGHOLD GmbH is neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

 

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APPENDIX 1 to these Terms and Conditions

Sample Withdrawal Form

To

XTRONGHOLD GmbH

Customer Relations & Success

c/o Signature By Regus

Maximilian Str. 13

80539  Munich, 

Germany

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) and order number:

______________________________________________________________

______________________________________________________________

______________________________________________________________

Address of consumer(s):

______________________________________________________________

_____________________________________________________________

______________________________________________________________

Date/Signature of consumer(s) (only if this form is notified on paper)

______________________________________________________________

______________________________________________________________

______________________________________________________________.