terms and conditions
TERMS AND CONDITIONS
Balzwerk GmbH, Magirusstraße 22, D-89250 Send/Hittistetten
- 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).
- 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.
- 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
- 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.
- Individual productions can also be ordered in writing via the Internet. Offers are non-binding.
- 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).
- 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
- 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.
- The shipping costs will be clearly communicated to you in the Shipping & Payments section and in the shopping cart system on the order page.
- 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.
- 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)
- 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:
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/.
- 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.
- 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.
- 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.
- 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.
- The customer is solely responsible for disposing of the packaging at his own expense.
VI. Liability for defects in the items ordered
- 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.
- Notices of defects, other complaints and suggestions must be addressed to: Balzwerk GmbH, Magirusstraße 22, 89250 Senden/Hittistetten, Tel. +497307 955 40 17.
- The warranty period for consumers is 2 years from delivery. If the buyer is an entrepreneur, the warranty period is 1 year.
- 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.
- 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
- 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.
- Liable for damages Balzwerk GmbH, for whatever legal reason, only in the case of intent and gross negligence.
- 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