Terms and Conditions for Use of Xplora

1. The parties 

The seller is: Xplora Technologies Danmark ApS,
CVR No. 41352159,
Email: Xplora can be contacted via a submitted contact form through our support.
Njalsgade 76, 3rd floor, Copenhagen S, 2300
hereinafter referred to as “Seller” / or “Xplora Technologies Denmark”.

The customer is the consumer who places the order and hereinafter referred to as “Customer” / “the customer” / “you”. Xplora Technologies Denmark does not enter into agreements with minors (persons under 18 years of age), except in cases where the minor’s guardian has consented. Agreements can only be entered into with customers who have a delivery address in Denmark. 

2. Prices and fees 

All prices are stated in DKK.
The stated price for the product and service is the total price that the buyer must pay. This price includes all taxes including VAT. Xplora Technologies Denmark is free to change the stated prices without prior notice. If there is an obvious printing error and the buyer should reasonably know or should know that there is a printing error, we are not obliged to deliver the product in question at the incorrect price. 

3. Payment
It is possible to make payment by invoice, payment card and via Klarna: 

3.1 Payment by invoice 

When the watch or smartphone is purchased and paid for with a payment card, an invoice will be sent via email monthly from Xplora Technologies Denmark for the services. The payment terms of the invoice are 14 days. In case of late payment, a reminder fee and default interest will be charged. In case of non-payment, the invoices will be transferred to debt collection. 

3.2 Payment via Klarna 

If your purchase is financed via Klarna or the Klarna app, Klarna's terms and conditions apply. You can read more about Klarna's terms and conditions here . We always only charge the amount after the order has been completed. We do not charge card fees. 

In order to offer Klarna's payment methods, we may transfer your personal data in the form of contact and order information to Klarna, in order for Klarna to assess whether you are eligible for their payment methods and to tailor these payment methods to you. Your transferred personal data will be processed in accordance with Klarna's own Data Protection Notice . 

4. Confidentiality 

At Xplora Technologies Denmark, we believe that trust and confidentiality are essential for a good collaboration. All information received from you or about you will be treated confidentially, and all employees are subject to a duty of confidentiality. 

5. Responsibility
Xplora Technologies Denmark is liable in accordance with the mandatory provisions of Danish law. It cannot be guaranteed that you can use downloaded files on all computers, and when using the files it will always be assumed that you are in possession of software that can open/read the relevant file. 

6. Delivery 

6.1 Freight
The package is delivered to a parcel shop or store, where you can pick up the package yourself. Transport time is usually 1-3 working days, depending on location. The package can be delivered to the entire country. You will receive notification that the package has arrived via SMS, email or notification in your mailbox. 

6.2 Unclaimed packages 

Packages not collected within seven (7) days will be returned to Xplora Technologies Denmark. If this happens, you will be charged the actual costs incurred by the shipping company for returning the item to us. The right of withdrawal is not automatically triggered by the package not being collected.

6.3 Transport damage 

Xplora Technologies Denmark is responsible for goods that are damaged or lost during transport to you. Complaints due to transport damage must be made within a reasonable time and no later than two months after receipt. When you receive the shipment, we therefore encourage you to check that the product has not been damaged during transport. 

7. Right of withdrawal 

As a consumer, you have the right to withdraw from the agreement in accordance with the Danish Consumer Contracts Act. You can download the right of withdrawal form here! If you wish to exercise your right of withdrawal, you must notify us within fourteen (14) days of receipt of the goods. The right of withdrawal expires 14 days after the day you have received the goods.
The notification must be given to us via a submitted contact form through our support here.  

You cannot cancel the purchase by refusing to receive the item without notifying us at the same time. 

8. Cancellation of part of the purchase 

If you have purchased multiple items from us, you have the option to return one or more items, even if they were purchased in one order. 

Please note that you will not receive a refund for shipping costs if you regret part of your purchase. 

9. Returns upon cancellation 

You must return your order to us no later than 14 days after you have notified us that you wish to cancel your purchase. Upon return, you will receive a return label from Xplora Technologies Denmark, which gives you free return shipping. 

When returning, you are responsible for ensuring that the item is properly packaged. You bear the risk of the package/items until we receive them. You must therefore keep the postal receipt and any track and trace number. You bear the risk of the item from the time of delivery. 

10. Condition of the item when you return it 

You are liable for any deterioration in the value of the goods due to handling other than what is necessary to determine the nature, properties and functioning of the goods. 

If the product has lost value and this is because you have used it in a way other than what was necessary to establish the nature, characteristics and functioning of the product, you can only get a part of the purchase price back. The amount you can get back depends on the commercial value of the product and in some cases this may mean that you can only get the shipping costs back. 

11. Refund of the purchase amount and return of the item 

If you regret your purchase, you will receive a full refund, including any delivery costs (but not additional delivery costs in cases where you have chosen a different form of delivery than the cheapest form of standard delivery that we offer). However, this does not apply if the item is damaged as a result of improper or incorrect use or handling of the item. If the item is depreciated, we will deduct the amount for which you are liable. 

We will refund your payment within 14 days from the date on which we receive notification of your decision to cancel this contract. We reserve the right to withhold the refund until we have received the returned goods, unless documentation of having returned them is provided. If you cancel your purchase, you will receive further information about the address to which you must return the goods. 

The item is sent to: 

Xplora Technologies/Co BBAB 

Renhållningsgatan 2 

274 30 Skurup 

Sweden 

We only accept packages that are sent directly to the address. 

12. Complaints 

If a product deviates from what follows from the agreement between you and Xplora Technologies Denmark, or in any other way does not correspond to the description from Xplora Technologies Denmark, the product can be returned for complaint processing. Only defects that qualify as a defect according to Section 78 of the Danish Sales Act are covered by the right to complaint. The right to complaint does not include, for example, defects due to normal wear and tear. 

The rules of the Danish Sales Act apply to purchases of goods. You therefore have a 24-month right of complaint if there are defects in your goods. You therefore have the option of having the goods exchanged, your money returned or a reduction in the price, depending on the specific situation that Xplora Technologies Denmark decides on. 

The right to a complaint does not apply if the defect has arisen as a result of incorrect use of the product or other harmful behavior. 

You can complain about a product by contacting Xplora Technologies Denmark via a submitted contact form through our support here.  

You must make a complaint within a “reasonable time” after you have discovered the defect in the product. If you make a complaint within two months of discovering the defect, the complaint will always be timely. 

 
If the complaint is justified, we will refund your (reasonable) shipping costs. The item must always be returned in proper packaging. Also remember to get a receipt for shipping so that we can refund your shipping costs. 

The item is sent to: 

Electrocare Nordic AB 

Låsblecksgatan 7 

589 41 Linkoping 

We only accept packages that are sent directly to the address. 

When returning the item, please include a detailed description of the problem. 

13. Complaint access 

If you want to complain about your purchase, please contact us via a submitted contact form through our support.  

If we have not found a solution together, you have the option of submitting a complaint to the Center for Complaints Resolution; 

The House of Representatives
Customs booth 2
Viborg 8800
You can complain to the Center for Complaints Resolution via the Complaints Portal for the House of Councils . 

In order to file a complaint, the product or service you want to complain about must have cost at least DKK 1,110 and a maximum of DKK 100,000. For complaints about clothing and shoes, however, the price must have been at least DKK 720. There is a fee to have the complaint processed. 

When you shop at an e-labeled webshop, you can have your case processed by the e-label free of charge, regardless of the amount. Read more here . 

If you reside in an EU country other than Denmark, you can complain to the EU Commission's online complaint portal here – http://ec.europa.eu/odr    

14. Personal data policy 

We need the following information when you shop with us: 

Name, address, phone number and email address. 

We record and disclose the personal information that is necessary to deliver the goods to you. 

The personal data is registered with Xplora Technologies Denmark ApS and stored for five years, after which the information is deleted. 

We also work with a number of other companies that store and process data. The companies only process information on our behalf and are not allowed to use it for their own purposes.

We only cooperate with data processors in the EU or in countries that can provide adequate protection for your information. 

The data controller at xplora.dk is Technologies Denmark ApS. 

You have the right to be informed about what information we process about you.
If you believe that the information is inaccurate, you have the right to have it corrected. In some cases, we are obliged to delete your personal data if you request it. This may be, for example, if your data is no longer necessary in relation to the purpose for which we were to use it. You can also contact us if you believe that your personal data is being processed in violation of the law. You can contact us here . 

15. SMARTPHONES 

Smartphones are a specialized type of device that Xplora sells in collaboration with its partners. 

For smartphones, especially the teen-focused model, users of the Xplora app include both children (mainly teenagers) and their guardians. 

Teenagers use a special version of the app, called the Teens App, which offers limited functionality. It includes features such as daily screen time monitoring, step count tracking, and notifications from guardians. This app can only be used when paired with the guardian's application. A parent or guardian must provide consent in the app for a child under 16 to use the service. 

Guardians use an enhanced version of the app with additional features including location tracking, focus modes, usage analytics, contact whitelisting, app time limits and more. Users can also transfer an existing profile from an Xplora smartwatch to our Xplora Teens phone for seamless continuity. 

If the Xplora Teens phone is purchased with a subscription, the terms may be different than for the smartwatch, especially regarding monthly data usage. This is because the Xplora Teens phone requires a larger data package to support its functionality. 

Xplora Technologies Denmark may transfer all obligations under the agreement to another company if the transfer is not unreasonable for the customer. 

5.3 Replacing the SIM card 

The customer is free to change SIM card supplier when the binding period has expired. When changing supplier for the subscription, the customer must notify us via a submitted contact form through our support at least 3 weeks before the change takes place. The customer will then be contacted regarding the process for transferring the subscription. The Xplora service is a comprehensive service where Xplora Technologies Denmark's SIM card is pre-installed in the Xplora watch. When changing supplier, the customer enters into a new agreement with a new SIM card supplier. It should be pointed out that Xplora Technologies Denmark does not assume any responsibility for errors or deficiencies with the Xplora service as a result of changing to a new SIM card from a third party. If the customer experiences an error with the service, changing the SIM card may mean that it may take longer to have the error corrected. Any processing of personal data by a third-party SIM card provider takes place under the responsibility and control of a third party.
Xplora Technologies Denmark is not responsible for this. 

6. Prices and changes 

Prices and any fees are always available on www.xplora.dk. We use a 14-day due date on our invoices. The Xplora service is either paid in advance or invoiced monthly. When the prepayment period expires, the subscription switches to monthly billing unless you, as a customer, choose a new prepayment period. Changes can be made at short notice due to requirements from the authorities, changed regulations, increases in public taxes or other circumstances beyond the control of Xplora Technologies Denmark. You will be notified via SMS, email or via the Xplora app in the event of significant changes to the prices, service and / or subscription terms. In the event of significant changes that are disadvantageous to the customer, the customer usually has the right to terminate the agreement. In such cases, Xplora Technologies will give 30 days' notice before the changes. 

Every year, in July, we make changes to the prices of our subscriptions, adjusting them with the CPI (Consumer Price Index). It is never good news when prices increase. Nevertheless, this goes towards the development, operation and maintenance of our technical platforms and services, as is the case for all kinds of industries. This change affects all our customers who have had a subscription with Xplora for 12 months or more.

6.1 Credit rating 

When choosing Klarna Check-out, credit assessments are made according to Klarna's terms and conditions. Read more about Klarna here!  

6.2 Customer's responsibility for payment
The person who is registered as a customer at any time is responsible for paying for the services that Xplora Technologies Denmark provides in accordance with the agreement. Invoices are preferably sent by e-mail. It is the customer's responsibility to ensure that electronic communication from Xplora Technologies Denmark and the former's payment partner reaches the customer and is not stopped in spam filters or the like. Xplora Technologies Denmark provides an overview of the products and services that the customer must pay for, the amount to be paid and the due date for payment. In the event of non-payment in relation to the due date, a debt collection demand / payment reminder will be sent as well as a warning about blocking the subscription.
In case of continued non-payment, the subscription may be blocked and the agreement terminated, and the claim as well as the costs associated with collection may be forwarded to judicial debt collection. If the customer believes that the invoice is incorrect, the customer must complain to Xplora Technologies Denmark before the payment deadline expires, or if this is not possible, within a reasonable time from the payment deadline. During the time that the complaint is processed by Xplora Technologies Denmark, the amount of the invoice in question will not be due by the payment deadline. Xplora Technologies Denmark may require that the amount of the invoice in question be paid in accordance with the payment deadline. If the payment is financed via Klarna or the Klarna app, Klarna's terms and conditions apply. In the event of late payment, Xplora Technologies Denmark may charge interest and costs covered under the Act on Interest in Case of Late Payment, etc. A fee will also be charged for sending a payment notification if the invoice is not paid by the due date. 

The customer always has the right to access the billing basis. 

If you get a new card, please send us the new card details. We will of course delete the old ones. 

You can revoke your permission for us to debit your card at any time. 

You can also dispute this with your card provider (typically your bank) if you discover that an amount has been withdrawn that you did not authorize. You must dispute this no later than 8 weeks after the payment, unless otherwise agreed. 

6.3 Replacing the SIM card 

The customer is free to change the provider of the SIM card when any binding period has expired. 

When choosing another provider, the customer will be charged a monthly service fee for using Xplora's services. The price of the service fee is determined according to the current price list. Payment of the service fee will be a prerequisite for the watch to function with the SIM card from the other provider. 

Xplora smartwatches are delivered with a pre-installed SIM card from Xplora Technologies Denmark. When switching to a provider other than Xplora, the customer must enter into a separate subscription agreement with the chosen telecommunications provider. Xplora Technologies Denmark is not responsible for errors or inaccuracies in the Xplora service caused by switching to a third-party SIM card or errors and use of another provider. Without an active Xplora subscription, Xplora Technologies Denmark is unfortunately not able to help with questions and issues the customer may experience regarding their mobile subscription - in this case the customer must contact their chosen provider. Any processing of personal data carried out by a third-party provider of the SIM card is subject to the third party's responsibility and control. Xplora Technologies Denmark has no responsibility for such processing. 

6.4 Xplora smartwatches contain a pre-installed SIM card from Xplora Technologies Denmark. If the customer chooses a provider other than Xplora Technologies Denmark, the customer will be charged a monthly service fee for use of Xplora services. 

7. Confidentiality 

Xplora Technologies Denmark and its employees are bound by a duty of confidentiality with respect to information about the use of the services and the content of communications. Xplora Technologies Denmark may disclose such information to the police, prosecutors, courts or others who may be required by law. 

8. Customer's responsibility to avoid abuse 

The Customer must ensure that equipment, personal cards and passwords used to access the Services are handled in a secure manner and used in such a way that unauthorized persons do not gain access to them. The Customer must take all reasonable precautions to limit the risk of unauthorized persons misusing or otherwise gaining unauthorized access to equipment used to access the Services (for example, SIM cards). The Customer must use personal passwords such as a screen lock or password if the equipment or device has such functions. In the event of knowledge or suspicion that equipment, personal cards and codes have been lost or that unauthorized persons have acquired them, the Customer is obliged to immediately report this to Xplora Technologies Denmark in order to prevent misuse of the Services. Xplora Technologies Denmark will then immediately block the relevant Services and Subscriptions. Even if a Subscription is blocked, the regular subscription fee is paid as long as the Subscription is not terminated. 

9. Right of cancellation of subscription 

When you purchase a subscription, you as a consumer have a 14-day right of withdrawal from the subscription. This period means that you have 14 days from receipt of the goods to notify us that you want to cancel the subscription. You can contact us via a submitted contact form through our support or use the standard cancellation form.  

9.1 Refund 

If you regret your purchase, you will get your money back. 

If you have given your consent for delivery to begin and you still wish to cancel, please note that we will charge a reasonable fee for the part of the subscription that has already been delivered. Example: 

If the customer cancels 6 days after the subscription has been activated, the customer must pay 6/365 of the price if the customer has prepaid for a one-year subscription.
 

We will refund the amount to you without undue delay and no later than 14 days from the day on which we receive notification that you wish to cancel the agreement. We will refund the money using the same means of payment that you used for the purchase, unless we have agreed otherwise. 

10 Errors and deficiencies in the service 

10.1 Complaints 

Before reporting a fault to Xplora Technologies Denmark, the customer must investigate whether the fault is caused by the customer's own equipment. If the customer reports faults that are outside of Xplora Technologies Denmark's area of ​​responsibility and the customer should have understood this, Xplora Technologies Denmark may require the customer to cover the costs associated with troubleshooting. The customer may risk losing his right to assert a defect claim if he does not bring this to Xplora Technologies Denmark's attention within a reasonable time after he discovered or should have discovered it. 

10.2 Subscription 

If you are not satisfied with the subscription, you can contact us at 70 71 50 75 or via a submitted contact form through our support.  

The defects rules of the Danish Sales Act do not apply to subscriptions.
Whether you have a 2-year right of complaint under the rules of the Danish Sales Act therefore depends on what is to be delivered according to the subscription agreement. For delivery of goods, see the rules for complaints above. 

10.3 Price reduction