General Terms and Conditions for Business Customers (as at 07.2020)
§ 1 Scope
1.1. Customers for the purposes of these General Terms and Conditions are exclusively businesses within the meaning of §14 para. 1 BGB.
1.2. These General Terms and Conditions for Business Customers in the version valid at the time of the respective contract conclusion shall always apply to all mutual claims arising from and in connection with a contract concluded between the customer and BALLance Concepts GmbH, hereinafter referred to as “BC”.
1.3. Other terms and conditions do not become part of the contract, even if BC remains silent regarding or does not expressly object to the customer’s declared inclusion of them. Consent to the inclusion of the customer’s terms and conditions is also not implied by performance of the agreed service, its unconditional acceptance or payment of the agreed remuneration.
§ 2 Subject Matter of the Contract
2.1. BC delivers the goods ordered by the customer or provides services within the scope of accepting the offer. Typographical errors and mistakes are reserved. Technical changes made in the interests of technical progress and customary deviations in form, colour and weight remain reserved, provided that there is no deviation from the ordered quality and functionality. In all other respects, § 434 para. 1 sentence 3 BGB applies.
2.2. If BC subsequently discovers an error in the information about a product, the price or availability for delivery, BC will inform the customer immediately. The customer may reconfirm the order under the amended conditions. Otherwise, BC is entitled to rescind the contract. BC will promptly refund any payments already received after rescinding the contract.
§ 3 Contract Conclusion, Order Data
3.1. Please note that offers in our online shop may be limited in time; details are set out in the respective product description.
3.2. The contract is concluded in German and comes into existence through BC’s acceptance of the customer’s order. BC accepts the order by sending the goods or by sending the invoice to the customer. An order can be placed via the contact form, by telephone, by fax or directly in BC’s online shop. Orders in the online shop are placed by
the customer
1. logging in with their stored data (email + password) via the “Login” field
2. placing items in the shopping cart
3. checking the order data for accuracy at checkout,
4. clicking the “Submit order” button at the end.
This constitutes a binding offer by the customer. The telephone and fax numbers are printed under §14.
3.3 The order data and status are stored and can be viewed by the customer, after logging in with a customer account, in their personal area of the online shop under the Order Overview section, or requested by telephone on 0234 3070736. Availability: Mon. - Fri., 9:00 - 17:00 (CET).
§ 4 Withdrawal Instructions
4.1. Right of Withdrawal
The customer may return all shippable articles purchased from BC within 14 days
without giving any reason. BC grants this right of withdrawal to the customer
on a voluntary basis and it does not restrict the customer’s statutory rights,
in particular rights under the warranty. The period begins when the goods are
received by the customer; timely dispatch is sufficient to meet the period.
4.2. Consequences of Withdrawal
In the event of an effective withdrawal, the services received by both parties
must be returned and any benefits derived (e.g. interest) must be surrendered.
If the customer cannot return the service received at all or in part, or can
only return it in a deteriorated condition, the customer must, where
applicable, compensate BC for the loss in value. In the case of goods being
provided, this does not apply if the deterioration of the goods is exclusively
due to their examination, as would have been possible for the customer in a
retail shop. In all other respects, the customer may avoid the obligation to
compensate for a deterioration caused by using the goods as intended by not
using the goods as their own property and refraining from anything that
impairs their value. Goods suitable for parcel shipping must be returned at BC’s
risk. The customer must bear the costs of returning the goods if the delivered
goods correspond to those ordered and the price of the goods to be returned
does not exceed 40 euros, or if, in the case of a higher price, the customer
has not yet paid the consideration or a contractually agreed instalment at the
time of withdrawal. Otherwise, the return is free of charge. Goods not suitable
for parcel shipping will be collected from the customer. Obligations to refund
payments must be fulfilled within 30 days. For the customer, the period begins
when the declaration of withdrawal or the goods are dispatched; for BC, it
begins when they are received.
4.3. Exceptions
The right of withdrawal does not exist
§ 5 Reservation of Availability
If, upon receipt of the order or after conclusion of the contract, BC determines that the ordered goods or service are no longer available from BC or cannot be delivered for legal reasons, the customer will be informed of this.
§ 6 Delivery, Delay in Delivery, Shipping Costs
6.1. The desired training date must be notified to the seller no later than 2 weeks after conclusion of the purchase contract and should fall within the next 8 months after conclusion of the purchase contract. If the training cannot take place within this period due to a circumstance for which the buyer is responsible, the buyer shall reimburse the seller for the additional costs incurred as demonstrated by specific evidence.
6.2. The dates specified by the seller are non-binding. They only constitute binding fixed dates if this has been agreed in writing and the dates have been designated as such.
6.3. Compliance with fixed dates for training requires the timely provision of all requirements to be met by the buyer that are necessary for proper training. This includes in particular the premises requirements specified in the checklist (provided by the seller’s training management). In particular, the buyer is obliged to inform the seller no later than 4 weeks before the agreed date if the requirements cannot be met. The buyer shall reimburse the seller for the additional costs incurred as demonstrated by specific evidence.
6.4. If deadlines are not met due to force majeure or circumstances affecting subcontractors or vicarious agents commissioned by the seller, the deadlines shall be extended appropriately. However, in important cases the seller is obliged to notify the buyer of the beginning and expected end of such obstructive circumstances as soon as possible.
6.5. Information about delivery times and current shipping costs is available on the page www.ballance-concepts.de and in the notes on the offers in the online shop. You will be informed of delivery delays.
6.6. Articles for which a bulky-goods surcharge is charged for transport are generally delivered only to the curbside.
6.7. Subject to correct and timely manufacture, BC will ensure speedy delivery. If only part of the order cannot be delivered immediately, the remaining goods will be delivered without charging shipping costs.
6.8. Deliveries are made only within the EU; unfortunately, it is not possible to collect the goods in person.
§ 7 Prices, Payment Terms
7.1. Prices stated in the business customer section, including the online shops, are net prices, to which the applicable statutory VAT must be added. For training services, travel costs, any accommodation costs and the applicable VAT are added. If VAT is increased, BC is obliged to calculate the increased VAT rate.
7.2. The prices stated in the shopping cart or order form apply and are binding, subject to any price increases due to increased manufacturing or procurement costs, unless there are typographical or calculation errors. BC will inform the customer of any price increases that have occurred in the meantime after the order. The customer may then confirm their offer at the changed price. Otherwise, BC is entitled not to accept the order.
7.3. In addition to the net price of the goods, the invoice shows the prices for supplementary services: packaging, shipping, premium shipping, etc., as well as the VAT applicable at the time the invoice is issued.
7.4. The period of validity of limited-time offers is stated wherever the goods are displayed in the shop. Despite careful stocking, a promotional item may sell out sooner than expected. We therefore give no delivery guarantee. The following applies: while stocks last!
7.5. The buyer undertakes to transfer the full invoice amount without deduction to the seller’s account no later than 4 weeks before the planned training date. Advance payment is generally agreed for the ordering of equipment and marketing articles. Deviating arrangements are generally part of the invoice.
7.6. The customer may choose between the following payment methods:
1.Bank collection
2.Advance payment
7.7. Claims of BC are due 14 days after the invoice date.
§ 8 Warranty, Guarantee
8.1. BC warrants that the products are free of material and legal defects in accordance with §§ 434, 435 BGB at the time the risk passes.
8.2. If delivered goods have obvious material or manufacturing defects, including transport damage, the customer is requested to report such defects to BC. However, failure to give this notice has no consequences for the customer’s statutory claims. In all other respects, the statutory provisions pursuant to §§ 434 et seq. apply.
8.3. The warranty period is two years. It begins when the goods are received by the customer. When purchasing returned goods designated as such (items returned to BC under the right of withdrawal), the warranty period is 1 year. If the customer resells the purchased items commercially to a consumer, §479 BGB also applies.
8.4. In the case of defective goods, the customer may, pursuant to §439 BGB, choose to demand that the defect be remedied or that an item free of defects be delivered. Under §439 BGB, BC may refuse the type of subsequent performance chosen by the buyer if it is only possible at disproportionate cost. If the defect cannot be remedied on the second attempt either, the customer is entitled under §439 BGB to demand delivery of an item free of defects, reduce the purchase price or rescind the contract. Rescission is excluded if the defect is insignificant. In all other respects, §437 BGB applies.
8.5. The statutory provisions apply to any claims for damages due to defects in the goods.
8.6. No warranty can be given for defects attributable to improper use or above-average strain by the customer, nor for wearing parts.
§ 9 Liability
9.1. BC, its management and its employees are liable in cases of positive breach of contract, delay, impossibility, tort and on any other legal basis (except pre-contractual breaches) in cases of intent and gross negligence. If damage to life, health or body has been culpably caused, in the event of a culpable breach of contractual cardinal obligations (principal contractual obligations), fraudulent deception, or a claim for compensation pursuant to §437 no. 2 BGB, BC is liable to the extent provided by law. Only in the event of a breach of cardinal obligations is the liability of BC employees limited to the typical, foreseeable damage. The term cardinal obligation is used either to identify a specifically described material breach that jeopardises achievement of the purpose of the contract or is explained in the abstract as an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on compliance with which the customer may regularly rely. In the event of delay, the customer has the right to rescind the contract as an alternative to claiming damages.
9.2. BC’s liability under the Product Liability Act remains unaffected.
9.4. The above provisions (§8 and §9) state the full extent of the liability of BC, its management and its employees.
§ 10 Retention of Title
10.1. BC retains title to all goods delivered by it to a customer until final and complete satisfaction of all claims to which BC is entitled from the entire business relationship with the customer. If BC exchanges goods under the warranty, it is agreed already now that title to the goods to be exchanged shall pass mutually from the customer to BC or vice versa at the time when BC receives the goods returned by the customer or the customer receives the replacement delivery from BC.
10.2. The customer is not entitled to pledge goods delivered by BC, transfer them by way of security or grant third parties any other security rights in them. If a third party nevertheless acquires rights to the collateral, the customer hereby assigns to BC all rights arising from this to the collateral. BC accepts this assignment. The customer is obliged to notify BC immediately if the collateral is seized, confiscated or otherwise disposed of by a third party.
10.3. BC will release the retained title as soon as its realizable value sustainably exceeds the claim against the customer by more than 20%.
10.4. In the case of a current account, the securities serve to secure the balance claim.
§ 11 Choice of Law, Place of Jurisdiction, Set-off, Severability Clause
11.1. German law shall apply to the legal relationships between BC and its customers and to the respective General Terms and Conditions. The application of the UN Convention on Contracts for the International Sale of Goods of 11.04.1988 is excluded.
11.2. For all disputes arising from the contractual relationship, the action must be brought before the court with jurisdiction for BC’s head office. BC is also entitled to bring an action at the location of the customer’s branch or registered office, provided that the law does not establish an exclusive place of jurisdiction.
11.3. The customer has no right of set-off or retention unless the claim is undisputed or has been finally determined by a court.
11.4. If individual provisions of this contract are wholly or partly invalid or subsequently lose their legal validity, this shall not affect the validity of the contract as a whole.
§ 12 Address, Legal Notice
Address:
BALLance Concepts GmbH
Hattinger Str. 229
44795 Bochum
Germany
www.ballance-concepts.de
Managing Director: Dr. Tetyana Lause-Bernavska
Commercial Register: HRB 17014 at the Bochum Local Court
VAT ID: DE291940949
Contact:
Email: [email protected]
Telephone: 0234 544 77 656 Monday – Friday, 9.00 – 17.00 (CET)
Fax: 0234 544 78 497