General Terms and Conditions for Private Customers (as at 07.2020)
§ 1 Scope
1.1. Customers for the purposes of these General Terms and Conditions are private customers pursuant to §13 BGB.
1.2. These General Terms and Conditions for Private 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”.
§ 2 Offer, Contract Conclusion, Contract Language
2.1 All advertisements and representations do not constitute an offer by the seller, but an invitation to the buyer to submit an offer. If the buyer submits an offer, the buyer shall be bound by it for at least two weeks (from receipt).
2.2. By placing an order, the buyer bindingly declares the intention to purchase the ordered goods. The contract is concluded when the seller accepts the offer within the two-week period. Acceptance generally takes place by written order confirmation or by sending the invoice.
2.3. The presentation of products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. You may first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose during the ordering process.
2.4. The contract is concluded in German and comes into existence when BC accepts the customer’s order. By clicking the order button, you submit a binding order. Confirmation that the order has been received is sent by automated email immediately after the order is submitted. Your order is accepted by sending an invoice in a separate email or by delivering the goods within 7 working days, whereby receipt by the customer is decisive. Where periods are stated in working days, these shall mean all weekdays except Saturdays, Sundays and statutory holidays at our locations in Bochum (North Rhine-Westphalia) and Mindelheim (Bavaria).
2.5. A binding contract may also already be concluded as follows:
-Advance payment
The contract is concluded by the immediate dispatch of the order confirmation/invoice by email, in which we provide you with our bank details.
§ 3 Prices and Payment
3.1 The price of the purchased item according to the price list valid at the time the contract is concluded is, for equipment, ex works plus packaging costs, any shipping/transport costs and the applicable VAT, or, for training services, plus travel costs, any accommodation costs and the applicable VAT.
3.2 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 part of the invoice.
3.3. The buyer may only set off claims against the seller’s claims if the buyer’s counterclaim is undisputed or there is a final and binding judgment; a right of retention may only be asserted insofar as it is based on claims arising from the purchase contract.
§ 4 Order Data
The order data are sent together with the General Terms and Conditions in the
order confirmation/invoice. The contract text is stored and can be viewed in
the customer account in the online shop or, if no customer account has been
set up, requested by telephone on 0234/3070736.
Availability: Mon. – Fri., 9:00 – 17:00 (CET).
§ 5 Delivery and Delay in Delivery
5.1. Information about delivery times and current shipping costs is available in the online shop or by telephone on 0234/3070736. You will be informed of delivery delays.
5.2. Subject to correct and timely delivery to BC, 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.
5.3. Deliveries are made only within the EU; unfortunately, it is not possible to collect the goods in person.
5.4. 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.
5.5. 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.
5.6. 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.
5.7. 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 Right of Withdrawal
6.1. Consumers have a right of withdrawal as set out below.
Withdrawal Instructions
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without
giving any reason. The withdrawal period is fourteen days from the day on
which you, or a third party named by you who is not the carrier, took
possession of the last goods. To exercise your right of withdrawal, you must
inform us (BALLance Concepts GmbH, Hattinger Str. 229, 44795 Bochum, telephone
number: 0234/54478497, fax number: 02343070718, email address:
[email protected]) of your decision
to withdraw from this contract by means of a clear statement (e.g. a letter
sent by post, fax or email). You may use the model withdrawal form for this
purpose, which you can download and print from our homepage. Its use is not
mandatory, however. To comply with the withdrawal period, it is sufficient to
send the notification of the exercise of the right of withdrawal before the
withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we must repay to you all payments we have
received from you, including delivery costs (with the exception of additional
costs resulting from your choosing a type of delivery other than the cheapest
type of standard delivery offered by us), without undue delay and no later
than fourteen days from the day on which we received notification of your
withdrawal from this contract. For this repayment, we will use the same means
of payment that you used for the original transaction, unless expressly agreed
otherwise with you; in no event will you be charged any fees for this
repayment.
The following applies to goods suitable for parcel shipping that were sent to
you by DPD/DHL:
We may withhold repayment until we have received the goods back or until you
have provided proof that you have sent the goods back, whichever is earlier.
You must send or hand over the goods to us without undue delay and in any
event no later than fourteen days from the day on which you inform us of your
withdrawal from this contract. The deadline is met if you send the goods
before the expiry of the fourteen-day period. We bear the costs of returning
the goods.
We will collect goods that are not suitable for parcel shipping and are marked
as “bulky goods” on the invoice.
You are only liable for any loss in value of the goods if this loss in value is
due to handling of the goods that was not necessary to establish their nature,
properties and functionality.
6.2. Exclusion or premature expiry of the right of withdrawal
The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or which are clearly tailored to the consumer’s personal needs.
The right of withdrawal expires prematurely for contracts
for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal was removed after delivery;
for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature;
§ 7 Payment Methods
7.1. SEPA direct debit procedure (bank collection)
By placing the order, you grant us a SEPA direct debit mandate. We will inform you of the date on which your account will be debited (so-called prenotification). By submitting the SEPA direct debit mandate, we request our bank to initiate the payment transaction. The payment transaction is carried out automatically and your account is debited. The account is debited before you receive the goods. The period for advance notification of the date on which the account will be debited (so-called prenotification period) is one day.
§ 8 Warranty, Guarantee
8.1. If the purchase is a commercial transaction for both parties, the buyer must inspect the goods immediately after delivery by the seller, insofar as this is practicable in the ordinary course of business, and notify the seller immediately if a defect becomes apparent. If a defect becomes apparent during the inspection or later, written notification must be made immediately.
8.2. If the delivered item or service is defective, the seller may initially choose whether subsequent performance is to be provided by remedying the defect (repair) or by supplying an item free of defects (replacement delivery). The seller’s right to refuse subsequent performance under the statutory conditions remains unaffected.
8.3. If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us immediately. Failure to make a complaint or establish contact has no consequences for your statutory claims or their enforcement, in particular your warranty rights. It does, however, help us to assert our own claims against the carrier or the transport insurer.
8.4. Unless expressly agreed otherwise below, the statutory liability for defects applies.
8.5. The following applies to used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects occurring within one year of delivery of the goods may be asserted within the statutory limitation period of two years from delivery of the goods.
8.6. The above restrictions and reductions of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
in the event of injury to life, body or health,
in the event of intentional or grossly negligent breach of duty or fraudulent concealment,
in the event of a breach of material contractual obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on compliance with which the contractual partner may regularly rely (cardinal obligations)
under a guarantee promise, insofar as agreed, or
insofar as the scope of application of the Product Liability Act is opened.
8.7. Information about any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.
§ 9 Liability
9.1. The buyer’s claims for damages are excluded. This does not apply to the buyer’s claims for damages arising from injury to life, body or health, from a breach of material contractual obligations (cardinal obligations), or to liability for other damage based on an intentional or grossly negligent breach of duty by the seller, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the purpose of the contract.
9.2. The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the seller has fraudulently concealed the defect or has assumed a guarantee for the condition of the item/service. The same applies insofar as both parties have reached an agreement on the condition of the item/service. The provisions of the Product Liability Act remain unaffected.
§ 10 Retention of Title
The goods remain our property until payment has been made in full.
§ 11 Choice of Law, Place of Jurisdiction, 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. The provisions of Section 11 shall leave unaffected mandatory provisions of the law of the state in which the customer has their habitual residence if and insofar as the customer has concluded a purchase contract that cannot be predominantly attributed to the customer’s professional or commercial activity (consumer contract) and if the customer performed the legal acts required to conclude the purchase contract in the state of their habitual residence.
11.3. 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.
11.4. The place of jurisdiction for disputes arising from this contract is Bochum. The seller is entitled to bring an action at the buyer’s registered office. This jurisdiction agreement applies only insofar as the buyer is a merchant (§29ZPO).
§ 12 Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
§ 13 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
Fax: 0234 544 78 497
Our business hours: Monday – Friday, 9.00 – 17.00 (CET)