General terms and conditions of business
1. Scope
We buy and sell only in accordance with our following general terms and conditions. Counter-confirmations that do not comply with our conditions will be rejected.
2. Liability
When ordering via the Internet, a contract is formed between the customer and BALANCE werbemittelkonzeptionen andreas hess e.K. (hereinafter referred to as BALANCE) and closed when BALANCE accepts the order. This is done by sending an order confirmation in written for (e.g.by email). The sending of an order confirmation is in principle not a declaration of acceptance by BALANCE but only serves to confirm receipt of your order. A right of termination of the customer / buyer according to §649 paragraph 1, sentence 1 BGB is limited to important reasons. In the case of obvious writing, printing and calculation errors, BALANCE is entitled to withdraw unless the contractual partner is willing to accept the contract under the conditions that were obviously intended. Our employees are not authorized to make verbal side agreements or to give verbal assurances that go beyond the content of the written contract.
3. Scope of delivery and services
Excess or short deliveries of up to 10% are permitted. In this case, the contractual partner who duly reported the short delivery in accordance with §§ 377 HGB only owes the delivery price that corresponds to the quantity actually delivered. Additional deliveries of up to 10% are owed by the contractual partner if the contractual partner has not made the complaint properly in accordance with §§ 377 HGB. In this case, the contractual partner also owes the proportionately higher price that is attributable to the excess delivery. If, in the case of an excess delivery, the contractual partner has duly complained in accordance with §§ 377 HGB, he does not owe the proportionate excess amount attributable to the excess delivery if he is not interested in the excess delivery and BALANCE is informed of this within the deadlines applicable for the notice of defects in accordance with §§ 377 HGB . However, he is then obliged to return the excess goods to BALANCE upon request. In principle, excess or short deliveries do not entitle the customer to refuse acceptance or to withdraw from the contract.
We are entitled to make partial deliveries and partial services at any time, unless the partial delivery or partial service is not reasonable for the customer.
If the freight costs of a shipment of goods demonstrably exceed the freight flat rates, BALANCE reserves the right to pass on the additional costs to the customer. For orders from abroad, additional customs costs or import fees may be incurred in the destination country. Such costs shall be borne by the buyer; we have no influence on these fees and their amount.
4. Delivery and performance time
Delivery dates or deadlines are only binding if they are confirmed by us in writing (e.g. bay mail). We are not responsible for delays in delivery and performance due to force majeure and due to events that not only temporarily make delivery significantly more difficult or impossible for us, even in the case of binding deadlines and dates. They entitle us to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. If we are responsible for non-compliance with binding deadlines and dates or if we are in default, our liability for each full week of default is half a percent of the invoice value (excluding VAT) of the deliveries and services affected by the default, but no more than a maximum five percent of the invoice value of the deliveries and services affected by the delay. Any further claims are excluded, unless the delay is due to gross negligence on our part.
5. Material Reservations
We reserve the right to minor insignificant deviations in terms of colour, material thickness and design. Our information on the delivery and service item are descriptions or markings and not guaranteed properties.
6. Passing of Risk
The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport. If the shipment is delayed at the customer's request, the risk passes to the customer upon notification of readiness for shipment.
7. Warranty
In the case of third-party transactions or goods that are not delivered directly to us, we are not obliged to subject the goods to a thorough inspection for defects or completeness. Our complaint is therefore still considered timely if our customer has immediately complained to us and we have passed this complaint on to our supplier without delay. Any complaints must be made immediately and in writing. The customer in this sense is our end customer and not the carrier, forwarder or other vicarious agent.
8. Retention of Title
The goods remain our property until full payment. However, the buyer is entitled to resell the reserved goods in the ordinary course of business. In the event of resale, the buyer assigns all claims due to the resale to us as security. If third parties access the goods subject to retention of title, the buyer will be informed of our ownership and must inform us of the process immediately.
9. Payment
The delivery of the goods takes place against prepayment, unless another payment method has been expressly agreed between the contracting parties. Unless otherwise agreed, our invoices are to be settled immediately, but no later than within ten (10) days. Cash discounts are only permitted if this has been expressly agreed.
10. Jurisdiction
German law applies to the exclusion of the UN purchase law. The exclusive place of jurisdiction and place of performance for all claims in connection with the business relationship is the registered office of BALANCE. BALANCE is also entitled to sue in the customer's general place of jurisdiction.
11. Privacy
BALANCE assures that the provisions of the Federal Data Protection Act and other relevant legal standards are observed when collecting, processing and using the customer's personal data. Only the data that is absolutely necessary for the use of a service is collected and stored. Personal information is kept confidential. They will only be passed on to third parties if this is absolutely necessary for the purpose of contract processing.
12. Liability
We assume no liability for the content of websites to which we link. BALANCE does not adopt the content of the linked pages as its own. BALANCE assumes no liability whatsoever for the topicality, completeness, quality, correctness, etc. of the information or data provided. BALANCE makes no representations, guarantees or warranties whatsoever for direct, indirect or other references to other websites and their content. It expressly distances itself from the content of the hyperlinked, connected or linked websites and does not adopt these websites as its own. Under no circumstances is BALANCE liable to the customer or third parties for any direct, indirect or other consequential damage resulting from the use of this website or any website linked or connected to it.
13. Copyright
All copyright rights of use in every process and for any purpose of sketches, drafts, originals, films and the like created by BALANCE remain with BALANCE, unless expressly agreed otherwise. The offer on the website is provided and monitored by BALANCE, Koblenz. All data, information and material on this site, icons/images, illustrations, audio and video clips are protected by copyright, trademark and other intellectual property rights owned or controlled by BALANCE or other parties and licensed to BALANCE were protected. This material/data may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any other way, including email and other electronic means. Modification of the data, information and materials, transfer to other websites or network connected computing environments, or use for any other than personal, non-commercial use without the prior written consent of the owner is a violation of copyright, trademark and other proprietary rights and thus forbidden. We reserve the right to prosecute in the event of copyright infringement.
14. Mandatory information and technical information for rechargeable batteries or batteries
Our take-back obligation as a retailer:
s a retailer, we are legally obliged to take back batteries and accumulators that have been purchased from us free of charge. Please accept this offer and help to keep our environment clean.
Your return obligation as a consumer:Batteries do not belong in household waste. Since 1998, the Battery Ordinance has obligated all citizens to dispose of used batteries and rechargeable batteries exclusively via retailers or collection points specially set up for this purpose. If you want to return your batteries and accumulators to us, please make sure that the shipment has sufficient postage.
Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out garbage can. The chemical name of the pollutant is located near the garbage can symbol.
You will find these symbols on batteries and accumulators containing harmful substances:
Pb = battery/rechargeable battery contains lead
Cd = battery/rechargeable battery contains cadmium
Hg = battery/rechargeable battery contains mercury
15. Returns and Refunds
The following applies to companies:
Pursuant to § 377 HGB, the buyer must check the delivered goods immediately and report any defects in order not to lose his warranty claims. Delivered goods will only be taken back after a prior written agreement between the buyer and BALANCE. Goods that have been provided with advertising at the request of the buyer will not be taken back. Unless the provisions of Item 3 "Scope of delivery and service" and/or Item 7 "Warranty" of our General Terms and Conditions apply. The return costs are at the expense of the buyer. BALANCE does not accept freight collect returns. There is no right to have the goods sent again. Samples can only be delivered against invoice. There is no right of return for samples, unless the provisions of point 7 "Warranty" of our General Terms and Conditions apply. When purchasing more than 100 pieces of the item ordered as a sample, the sample costs will be deducted from the order. For products with larger minimum purchase quantities, the sample costs are covered when the minimum purchase quantity is purchased. The processing of your complaint request usually takes two to three working days. Please get in touch with your personal contact at BALANCE. You can also reach us by email at info@balance-werbemittel.de or by fax to +49 (0) 261 – 91 45 41 -28.
The following applies to consumers:
If you notice obvious transport damage when your goods are delivered, we ask you to complain about such errors as directly as possible to the delivery agent and to contact us as soon as possible. Your legal claims and their enforcement, in particular your warranty rights, remain unaffected even if you fail to make a complaint and/or fail to contact us. However, you would help us to enforce our own claims against the carrier or the transport insurance. The processing of your complaint request usually takes two to three working days. Please get in touch with your personal contact at BALANCE. You can also reach us by email at info@balance-werbemittel.de or by fax to +49 (0) 261 – 91 45 41 -28.
16. Right of Withdrawal for Consumers
Consumers enjoy the statutory right of withdrawal, as stipulated in the cancellation policy. If the customer is an entrepreneur or acts on behalf of a company (§14 BGB), there is no right of cancellation or return according to §312g BGB i. in conjunction with Section 355 of the German Civil Code. The right of withdrawal only applies to consumers within the meaning of Section 13 of the German Civil Code: "A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity."
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation 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.
In order to exercise your right of withdrawal, you must inform us:
BALANCE werbemittelkonzeptionen andreas hess e.K.
Charlottenstr. 55a
56077 Koblenz
Germany
Telephone: +49 (0) 261 / 91 45 41 -0
Fax: +49 (0) 261 / 91 45 41 -28
Email: info@balance-werbemittel.de
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
We may refuse repayment until we have received the returned goods or until you have provided proof that you have returned the goods, whichever is earlier.
You have to send the goods to:
BALANCE werbemittelkonzeptionen andreas hess e.K.
Charlottenstrasse 55a
56077 Koblenz
to be returned or handed over. The deadline is met if you send back the goods before the period of fourteen days has expired. You bear the direct costs of the return. The cost of goods that cannot be sent by parcel post is estimated at a maximum of around EUR 80.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Reasons for exclusion or expiration
The right of withdrawal does not apply to contracts:
- for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose use-by date would quickly expire;
- for the delivery of alcoholic beverages, the price of which was agreed when the contract was concluded, but which can be delivered no earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations on the market over which the entrepreneur has no influence;
- for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts;
- for the delivery of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery;
- for the delivery of goods if these were inseparably mixed with other goods after delivery due to their nature;
- for the delivery of audio or video recordings or computer software in a sealed package if the seal has been broken after delivery;
Sample withdrawal form
If you want to revoke the contract, please use the following information in your document and send it back to the following contact details:
BALANCE werbemittelkonzeptionen andreas hess e.K.
Charlottenstr. 55a
56077 Koblenz
Germany
Telephone: +49 (0) 261 / 91 45 41 -0
Fax: +49 (0) 261 / 91 45 41 -28
Email: info@balance-werbemittel.de
I/ we (*) hereby revoke the contract concluded by me/ us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of consumer(s)?
- Address of consumer(s)?
- Signature of the consumer(s) (only if notification is made on paper)
- Date
17. Miscellaneous
All eco and organic items, with a test seal, are certified with the organic certification number DE-ÖKO-001 in accordance with Article 29 of the EU Organic Regulation.
18. Severability Clause
Should individual provisions of these General Terms and Conditions be wholly or partially invalid, or contain a gap, the validity of the remaining provisions shall not be affected.
BALANCE werbemittelkonzeptionen andreas hess e.K.
Charlottenstr. 55a
56077 Koblenz
Germany
Telephone: +49 (0) 261 / 91 45 41 -0
Fax: +49 (0) 261 / 91 45 41 -28
Email: info@balance-werbemittel.de
Owner: Andreas Hess