Terms and conditions

TERMS AND CONDITIONS

Balzwerk GmbH, Magirusstrasse 22, D-89250 Senden/Hittistetten

I. General

1. These general terms and conditions are aimed at all Balzwerk GmbH customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB). 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 (Section 13 of the German Civil Code).
2. These general terms and conditions apply to all articles sold by Balzwerk GmbH in the e-commerce shop (hereinafter: online shop) at https://www.balzwerk.de and .com for consumers. This also includes all customized products that have been agreed with the customer in another written form. Deviations from these general terms and conditions are only valid if they are accepted in writing by Balzwerk GmbH. The customer's general terms and conditions 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. Orders for the range in the Balzwerk GmbH online shop are only possible via the Internet. Offers are non-binding and subject to change. By clicking the BUY NOW/Buy/order for a fee 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 an order confirmation by 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 the Balzwerk GmbH online shop are not binding unless this is expressly stated, e.g. by the designation “sample”.

III. price, payment

1. The prices stated in the Balzwerk GmbH online shop on the day of the order are decisive; these include statutory VAT and other price components. Prices are given to the best of our knowledge. Should the Balzwerk GmbH website nevertheless contain an obvious error, such as a typo or calculation error, Balzwerk GmbH grants 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 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 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 GmbH

Magirusstrasse 22

89250 Send/Hittistetten

Email: 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. Balzwerk GmbH endeavours to deliver the ordered item to the customer within 2 working days to 12 weeks, depending on the product. For special orders and individualised products, this time may be significantly exceeded. An expected delivery date will then be communicated explicitly, but the stated delivery time is not guaranteed.
3. If Balzwerk GmbH cannot meet the delivery deadline specified in section 2 for reasons for which Balzwerk GmbH is not responsible (e.g. unavailability of the ordered item), Balzwerk GmbH will inform the customer of this immediately and at the same time set a new, reasonable delivery deadline. If the ordered item is not available within this new delivery deadline, Balzwerk GmbH is entitled to withdraw from the contract. Any consideration already provided by the customer will be reimbursed immediately by Balzwerk GmbH.
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, according to the circumstances known at the time of conclusion of the contract, to use each of these items individually in accordance with their intended 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 Balzwerk GmbH for defects in the ordered items is governed by the statutory provisions. Customer claims for damages or reimbursement of wasted expenditure can only be asserted if the conditions are met and within the scope of the following section 6. Otherwise, they are excluded.
2. Notices of defects, other complaints and suggestions should 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 Balzwerk GmbH for breaches of duty which do not constitute a defect or which have caused damage beyond the defect shall be governed by the statutory provisions, unless otherwise specified below.
2. Balzwerk GmbH is only liable for damages, regardless of the legal basis, in the event of intent or gross negligence.
3. The customer’s claims against guarantees expressly assumed by Balzwerk 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 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 a dispute resolution procedure before a consumer arbitration board. 

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

GENERAL TERMS AND CONDITIONS

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.