terms and conditions

TERMS AND CONDITIONS

Balzwerk GmbH, Magirusstraße 22, D-89250 Send/Hittistetten


I. General

  1. These general terms and conditions apply to everyone Balzwerk GmbH customers who are consumers within the meaning of § 13 BGB. A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity (§ 13 BGB).
  2. These general terms and conditions apply to all items purchased through the Balzwerk GmbH in the e-commerce shop (hereinafter: online shop) at https://www.balzwerk.de and .com are offered for delivery to consumers. This also includes all individual productions that were agreed with the customer in another written form. Deviations from these general terms and conditions are only effective if acknowledged in writing by the Balzwerk GmbH. General terms and conditions of the customer do not apply.
  3. References to the validity of legal regulations only have a clarifying meaning. Even without such clarification, the legal regulations apply unless these are changed by our general terms and conditions.

II. Conclusion of contract

  1. Order the range in Balzwerk GmbH online shop is only possible via the Internet. Offers are non-binding. By clicking the BUY NOW/Buy/order for a fee button, you are placing a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending an order confirmation via email immediately after receiving your order.
  2. Individual productions can also be ordered in writing via the Internet. Offers are non-binding.
  3. The ordering of the items by the customer is considered a binding contractual offer, unless otherwise stated in the order or other agreements. A purchase contract for the item(s) ordered is only concluded once we have confirmed the order electronically in writing (order confirmation).
  4. Drawings, illustrations, dimensions, weights or other performance data in Balzwerk GmbH online shop are not binding if this is expressly mentioned, e.g. by the designation "sample".

III. price, payment

  1. The decisive factors are those in Balzwerk GmbH online shop prices stated on the day of the order, these include statutory VAT and other price components. Price information to be accurate. Should the Balzwerk GmbH website still has an obvious error, such as a typographical or calculation error, the guarantee is granted Balzwerk GmbH gives the customer an immediate right of withdrawal.
  2. The shipping costs will be clearly communicated to you in the Shipping & Payments section and in the shopping cart system on the order page.
  3. Payment for the delivered goods is currently only made in advance, Giropay, instant transfer, credit card, Klarna, Paypal or cash on delivery. The payment methods mentioned are available to you in the ordering process under payment details, where you can select the appropriate payment service providers.
  4. The purchase price is due upon confirmation of the order by Balzwerk GmbH (in the case of cash on delivery upon receipt of the item by the customer)
  5. The customer only has the right to offset if his possible counterclaims are undisputed or legally established.

III. Right of withdrawal

We would like to point out that the excluded right of withdrawal was already explicitly stated during the ordering process. In order to provide you with a clear overview of the applicable regulations, you will find detailed information in our cancellation policy below.

Civil Code §355 

You have the right to withdraw from this contract within 14 days without giving any reason. The cancellation period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the cancellation period is 14 days from the day on which you or a third party designated by you who is not the carrier, the last have taken or has possession of the goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the cancellation form below, but it 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. Please send your revocation to:

Balzwerk the

Magirusstrasse 22

89250 Send/Hittistetten

E-mail: info@balzwerk.de

If you cancel this contract, we will have to pay you all payments we have received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the undamaged goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Civil Code §312g 

The right of withdrawal is excluded for the purchase of goods that are manufactured according to customer specifications or that are clearly tailored to the customer's personal needs - this applies in particular to all orders 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 needs of the consumer. Our products are manufactured to customer requirements and adapted to their needs. This applies in particular to the choice of different locking mechanisms, different opening mechanisms, lengths, individually painted surfaces, individual surfaces, special sizes and all additional custom-made products.

The cancellation form and the detailed cancellation conditions can be found in the cancellation policy at the following link: https://balzwerk.de/widerrufsbelehrung/.

V. Collection/Delivery

  1. Orders are delivered exclusively to addresses in Germany at the stated shipping costs. Unless otherwise agreed, the ordered item will be delivered to the delivery address specified by the customer (if specified, otherwise billing address). For deliveries abroad, additional shipping costs of at least 19,50 euros will be charged. In such cases, we will subsequently explicitly communicate the exact shipping costs for the respective country in writing.
  2. The Balzwerk GmbH endeavors to deliver the ordered item to the customer within 2 working days to 12 weeks depending on the product. This can also be significantly exceeded for special orders and individualized products. An expected delivery date will then be explicitly communicated, but the specified delivery time is not guaranteed.
  3. Unless the Balzwerk GmbH the delivery period specified in Section 2 for reasons which Balzwerk GmbH is not responsible for, cannot comply with (e.g. unavailability of the ordered item), the Balzwerk GmbH will inform the customer of this immediately and at the same time determine a new, appropriate delivery period. If the ordered item is not available within this new delivery period, Balzwerk GmbH is entitled to withdraw from the contract. Any consideration already provided by the customer will be taken into account by the Balzwerk GmbH will be reimbursed immediately.
  4. The Balzwerk GmbH is entitled to make partial deliveries if a contract for the delivery of several items has been concluded and it is possible and reasonable for the customer, according to the circumstances recognizable at the time of conclusion of the contract, to also use them individually in accordance with their purpose.
  5. The customer is solely responsible for disposing of the packaging at his own expense.

VI. Liability for defects in the items ordered

  1. The liability of the Balzwerk GmbH due to defects in the items ordered is based on the statutory provisions. Claims by the customer for damages or reimbursement of futile expenses can only be asserted if the requirements are met and within the scope of Section 6 below. Otherwise they are excluded.
  2. Notices of defects, other complaints and suggestions must be addressed to: Balzwerk GmbH, Magirusstraße 22, 89250 Senden/Hittistetten, Tel. +497307 955 40 17.
  3. The warranty period for consumers is 2 years from delivery. If the buyer is an entrepreneur, the warranty period is 1 year.
  4. The warranty does not cover normal wear and tear of the item or defects that occur after delivery, e.g. due to external influences or Operating errors occur. Warranty claims do not apply even if the item is handled improperly by the customer.
  5. Image representations in the original may differ slightly in color from their original, as screens vary in their color reproduction.

VII. Liability for other breaches of duty

  1. The liability of the Balzwerk GmbH due to breaches of duty that do not consist of a defect or have caused damage that goes beyond the defect, is based on the statutory provisions, unless otherwise specified below.
  2. Liable for damages Balzwerk GmbH, for whatever legal reason, only in the case of intent and gross negligence.
  3. Claims of the customer against the Balzwerk Guarantees expressly assumed by GmbH and the Product Liability Act remain unaffected by the above provisions.

VIII. Participation in disputes

The EU Commission has created an internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. To take part in a dispute resolution procedure before a consumer arbitration board Balzwerk GmbH neither willing nor obliged. 

 

Stand: 01. December 2022
Balzwerk the
Magirusstrasse 22
D-89250 Send/Hittistetten
Germany

 

GENERAL TERMS AND CONDITIONS

 
Balzwerk GmbH, Magirusstraße 22, D-89250 Send/Hittistetten
 
 
I. General
 
1. These General Terms and Conditions are addressed to all Balzwerk GmbH customers who are consumers within the meaning of § 13 BGB (German Civil Code). A consumer is any natural person who enters into a legal transaction for purposes which are predominantly outside his trade, business or profession (§ 13 BGB).
 
2. These General Terms and Conditions apply to all items offered for shipment to consumers by Balzwerk GmbH in the e-commerce store (hereinafter: online store) at https://www.balzwerk.de and .com. This also includes all customized products that have been agreed with the customer in another written form. Deviations from these General Terms and Conditions shall only be effective if accepted in writing by Balzwerk GmbH.
 
3. General terms and conditions of the customer shall not apply.
References to the validity of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply insofar as they are not amended by our General Terms and Conditions.

II Conclusion of contract
 
1. Orders for the product range in the Balzwerk GmbH online store can only be placed via the Internet. Offers are subject to change and non-binding. By clicking on the BUY NOW button, you place a binding order for the goods listed on the order page. Your purchase contract is concluded when we accept your order by sending you an order confirmation by e-mail immediately after receiving your order.
 
2. Customized products can also be ordered in writing via the Internet. Offers are subject to change and non-binding.
 
3. The order of the articles by the customer is deemed to be a binding contractual offer, unless otherwise stated in the order or other agreements. A purchase contract for the item(s) ordered is only concluded once we have confirmed the order electronically in writing (order confirmation).
 
4. Drawings, illustrations, dimensions, weights or other performance data in the Balzwerk GmbH online store are not binding if this is expressly mentioned, eg by the designation “sample”.
 
 
III Price, payment
 
1. The prices stated in the Balzwerk GmbH online store on the day of the order are decisive; These include the statutory value added tax and other price components. Prices are quoted to the best of our knowledge. Should the Balzwerk GmbH website nevertheless contains an obvious error, such as typing or calculation errors, Balzwerk GmbH grants the customer an immediate right of withdrawal.
 
2. The shipping costs will be clearly communicated to you again in the Shipping & Payments section and in the shopping cart system on the order page.
 
3. Payment of the delivered goods is currently made exclusively by prepayment, Giropay, instant bank transfer, credit card, Klarna, Paypal or cash on delivery. The payment methods mentioned are available to you in the order process under payment details, where you can select the appropriate payment service provider.
 
4. The purchase price is due upon order confirmation by Balzwerk GmbH (in the case of cash on delivery, upon receipt of the item by the customer)
 
5. The customer only has a right to offset if his possible counterclaims are undisputed or have been legally established.
 
 
III Cancellation policy
 
We would like to point out that the excluded right of withdrawal has already been explicitly pointed out during the ordering process. In order to provide you with a clear overview of the applicable regulations, you will find the detailed information in our cancellation policy below.
 
German Civil Code §355 
 
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier , have taken possession of the last goods. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (eg a letter sent by post, fax or e-mail). You can use the withdrawal form below, but this is not mandatory. To comply with the revocation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the revocation period. Please send your revocation to:

Balzwerk the

Magirusstrasse 22

89250 Send/Hittistetten

E-mail: info@balzwerk.de

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances you will be charged any fees for this repayment. We may refuse repayment until we have received the undamaged goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You shall only be 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.

 

German Civil Code §312g 
 
The right of withdrawal is excluded for the purchase of goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer – this applies in particular to all orders 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 needs of the consumer. Our products are manufactured according to the customer's wishes and adapted to their needs. This applies in particular to the choice of different closure mechanisms, different opening mechanisms, lengths, individually lacquered surfaces, individual surfaces, special sizes and all additional custom-made products.
 
The withdrawal form and the detailed withdrawal conditions can be found in the withdrawal policy under the following link:
 
V. Collection/delivery
 
1. Orders will only be delivered to addresses in Germany at the stated shipping costs. Unless otherwise agreed, the ordered item will be delivered to the delivery address specified by the customer (if specified, otherwise to the billing address). For deliveries abroad, additional shipping costs of at least 19.50 euros will be charged. In such cases, we will inform the customer in writing of the exact shipping costs for the respective country.
 
2. Balzwerk GmbH endeavors to deliver the ordered item to the customer within 2 working days to 12 weeks, depending on the product. In the case of special orders and customized products, this period may be significantly exceeded. An estimated delivery date will then be explicitly communicated, but the stated delivery time is not guaranteed.
 
3.if Balzwerk GmbH is unable to meet the delivery deadline specified in Clause 2 for reasons for which Balzwerk GmbH is not responsible (eg non-availability of the ordered item), Balzwerk GmbH shall inform the customer of this immediately and at the same time set a new reasonable delivery deadline. If the ordered item is still not available within this new delivery period, Balzwerk GmbH is entitled to withdraw from the contract. Balzwerk GmbH shall immediately reimburse any consideration already provided by the customer.
 
4 Balzwerk GmbH is entitled to make partial deliveries if a contract for the delivery of several items has been concluded and it is possible and reasonable for the customer to use them individually in accordance with their intended use under the circumstances recognizable at the time of conclusion of the contract .
 
5. The customer shall be solely responsible for the disposal of the packaging at his own expense.
 
VI Liability for defects in the ordered items
 
1. The liability of Balzwerk GmbH for defects of the ordered articles shall be governed by the statutory provisions. Claims of the customer for damages or reimbursement of futile expenses can only be asserted if the requirements are met and within the framework of the following Section 6. Otherwise they are excluded.
 
2. Notices of defects, other complaints and suggestions are to be addressed to Balzwerk GmbH, Magirusstraße 22, 89250 Senden/Hittistetten, Tel. +497307 955 40 17.
 
3. The warranty period for consumers is 2 years from delivery. If the buyer is an entrepreneur, the warranty period is 1 year.
 
4. The warranty does not cover normal wear and tear of the item or defects that arise after delivery, eg due to external influences or operating errors. Warranty claims are also excluded in the event of improper handling of the item by the customer.
 
5. Picture representations may differ slightly in color from their original, as screens are individually different in color reproduction.
 
VII Liability for other breaches of duty
 
1. the liability of Balzwerk GmbH for breaches of duty that do not consist of a defect or have caused damage beyond the defect shall be governed by the statutory provisions, unless otherwise specified below.
 
2 Balzwerk GmbH shall only be liable for damages, irrespective of the legal grounds, in the event of intent and gross negligence.
 
3. claims of the customer against guarantees expressly assumed by Balzwerk GmbH as well as the Product Liability Act remain unaffected by the above provisions.
 
VIII Dispute participation
 
The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. Balzwerk GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. 
 
 
Status: December 01, 2022
Balzwerk the
Magirus Street 22
D-89250 Send/Hittistetten
Germany