Terms of Service
1 Scope
1.1 These General Terms and Conditions ("GTC") apply to all orders placed by customers ("Buyer") with Hornschuch-Markt GmbH, Salinenstraße 1, 74679 Weißbach, Germany via its WebShop www.bal-on.golf, e-mail: contact@bal-on.golf ("Seller"). These GTC apply regardless of whether the Buyer is a consumer or an entrepreneur.
1.2 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
1.3 The seller does not accept deviating conditions. This shall also apply if the inclusion is not expressly objected to. The version of the GTC valid at the time of conclusion of the contract shall be binding.
1.4 All agreements made between the Seller and the Buyer in connection with the purchase contract result in particular from these GTC, the order confirmation and the Seller's declaration of acceptance.
2 Subject of the contract
The Seller offers smart insoles for the analysis and improvement of the golf game as well as accessories and possibly other products ("Goods") for sale via its online store www.bal-on.golf. The offer of the online store is directed exclusively to buyers in Germany, Sweden, Spain. Shipping to other countries is excluded. If you buy goods as an employee for a company (e.g. legal entity or partnership with legal capacity), you declare with the order that you are authorized by this company to conclude a contract accordingly.
3 Order process
3.1 The presentation and advertising of items in the seller's online store does not constitute a binding offer to conclude a purchase contract. To place an order, the buyer must place the desired goods in his virtual shopping cart. By calling up the shopping cart, the buyer can view the goods already placed in the shopping cart, as well as the current value of the order and the shipping costs incurred. By clicking on the button "Proceed to checkout", the buyer can initiate the order process and enter the information required for an order (address, contact details, payment information). The buyer can correct input errors at any time up to the binding submission of the order by clicking in the relevant data field and changing the entry or by using the back button in the browser to call up the website on which the data entry was made. The buyer can cancel the order process at any time by closing the browser. By sending an order by clicking the button "Buy now", the buyer places a legally binding order. The buyer is bound to the order for a period of two (2) weeks after placing the order. The right of withdrawal according to clause 5 remains unaffected.
3.2 To conclude a purchase contract, you are required to provide the information necessary for an order.
3.3 The seller will confirm the receipt of the order placed via the online store immediately by e-mail. This e-mail does not constitute a binding acceptance of the order (this takes place in accordance with Section 4.2), unless, in addition to the confirmation of receipt, the acceptance is declared at the same time. A contract is only concluded when the order is accepted by the seller by means of a declaration of acceptance.
3.4 If the delivery of the ordered goods is not possible, for example, because the corresponding goods are not in stock, the seller refrains from a declaration of acceptance. In this case, no contract is concluded. The seller will inform the buyer immediately and refund any payments already received.
3.5 The contract text is not stored by the seller after the conclusion of the contract. Only the current version of these GTC is available on the website https://www.bal-on.golf/; the seller therefore recommends the buyer to save the contract text with him.
3.6 As part of the ordering process, the buyer has the option, if not already available, to create a user account to track the status of his order. However, registration is not mandatory to place an order.
4 Conclusion of contract and payment options
4.1 If you choose to pay by credit card, we will accept your order by issuing a declaration of acceptance in a separately sent e-mail.
4.2 If you choose to pay via the payment service provider PayPal, you will be redirected to its website during the ordering process. There you must enter your payment details and confirm the payment instruction. After submitting the order in the store, we request the payment service provider PayPal to initiate the payment transaction, which will redirect you to the payment service provider's page where you must enter your payment details, and by initiating this process, we accept your order.
5 Right of withdrawal
5.1 The provisions of this Clause 5 shall apply only to Buyers who are consumers (see Clause 1.2). If the Buyer is a consumer, he shall be entitled to a right of withdrawal in accordance with the statutory provisions.
5.2 If the buyer makes use of his right of withdrawal according to clause 5.1, he has to bear the regular costs of the return.
5.3 In all other respects, the right of withdrawal shall be governed by the provisions set forth in detail in the following
Withdrawal Instruction
Right of withdrawal
You have the right to cancel 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, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Hornschuch-Markt GmbH, Salinenstrasse 1, 74679 Weißbach, Germany, e-mail: contact@bal-on.golf) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw this contract. For this purpose, you may use the enclosed sample withdrawal form (Annex 1), which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the withdrawal
If you withdrawal this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal of 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 case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the 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 no later than within fourteen days from the day on which you notify us of the withdrawal of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
- End of the withdrawal instruction -
6 Delivery terms, prices and shipping costs
6.1 Subject to Section 6.4, delivery shall be made within approx. 7 working days after the Seller's declaration of acceptance.
6.2 If the buyer is a consumer, the following applies: All price quotations in the online store are gross prices including the statutory value-added tax and are exclusive of any shipping costs incurred. The shipping costs depend on the value of the order. An overview of the shipping costs is clearly linked to the prices. The resulting price for an order, including VAT and specific shipping costs, is also displayed in the order mask before the order is sent.
6.3 If the Buyer is an entrepreneur, the following shall apply: Unless otherwise agreed in individual cases, our current prices at the time of conclusion of the contract shall apply, ex warehouse, plus statutory VAT.
6.4 The Seller shall only be entitled to make partial deliveries if (1) the partial delivery is usable for the Buyer within the scope of the contractual intended purpose, (2) the delivery of the remaining ordered goods is ensured and (3) the Customer does not incur any significant additional expenses or costs as a result (unless the Seller agrees to bear such costs). If partial deliveries are made at the request of the Buyer, the Seller shall charge shipping costs for each partial delivery.
6.5 The Seller reserves the right to adjust the prices indicated on the Website at any time. Price reductions or price increases indicated on the Website do not affect an order already placed.
7 Terms of payment, set-off and right of retention
7.1 The purchase price payment is due upon conclusion of the contract. Payment can be made by credit card and via the payment service provider PayPal. The latter in turn offers the buyer various payment options free of charge for him; in particular payment by credit card, direct debit or with the credit balance of his own PayPal account.
7.1.1. If you pay by credit card, you will send us your credit card details at the same time as your order. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction. The payment transaction is automatically carried out by the credit card company and your card is charged.
7.1.2. If you decide to pay via the payment service provider PayPal, you will be redirected to the website of the payment service provider during the ordering process. To be able to pay the invoice amount, you must be registered there or register first, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request the payment service provider to initiate the payment transaction. You will receive further instructions during the order process.
7.2 In the event of an effective withdrawal, payments already made by the Seller shall be refunded in accordance with Clause 5.
7.3 The Buyer is not entitled to offset against claims of the seller unless his counterclaims are legally established or undisputed. Furthermore, the Buyer shall also be entitled to set off against the Seller's claims if he asserts notices of defects or counterclaims arising from the same purchase contract.
7.4 The Buyer may only exercise a right of retention insofar as the counterclaim arises from the same purchase contract.
8 Defects of delivered goods and transport damages
8.1 The Seller shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular §§ 434 et seq. German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with the delivery of the goods to the buyer. With respect to entrepreneurs, the statutory limitation period for defect claims is one year from the statutory commencement of the limitation period.
8.2 Any warranties given by the Seller for specific goods or manufacturer's warranties granted by the manufacturers of specific goods shall be in addition to any claims based on material defects or defects of title within the meaning of 8.1. Details of the scope of such warranties shall be set out in the warranty conditions accompanying the goods, if any.
8.3 If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
8.4 The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. For entrepreneurs, the goods must be inspected immediately after delivery and any defect must be reported to us without delay. If you fail to notify us immediately, the goods shall be deemed to have been approved, unless the defect was not recognizable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9 Liability, Force Majeure
9.1 The Seller shall be liable for damages - irrespective of the legal grounds - in the event of intent and gross negligence.
9.2 In the event of simple negligence, the Seller shall only be liable for
9.2.1. for damages resulting from injury to life, body or health,
9.2.2. for damages arising from the breach of an essential contractual obligation; essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely (so-called cardinal obligations). In this case, however, the Seller's liability shall be limited to compensation for the foreseeable, typically occurring damage.
9.3 The above limitations of liability shall not apply if the Seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. Liability under the Product Liability Act shall remain unaffected by these provisions.
9.4 The Seller shall not be liable for the impossibility of or delays in delivery insofar as these are caused by force majeure or other events unforeseeable at the time of conclusion of the contract (e.g. operational disruptions of all kinds, disruptions to the Internet connection, power failures, strikes, lawful lockouts, shortage of labor, pandemics) for which the Seller is not responsible. If such events make the delivery of the goods significantly more difficult or impossible and the hindrance is not only of temporary duration, the seller is entitled to immediate withdrawal. In the event of hindrances of temporary duration, the Seller shall have the right to propose that the delivery date be postponed to a date that is reasonable in view of the circumstances. If the Buyer cannot be reasonably expected to do so, he may withdraw from the contract by means of a declaration to be made immediately.
10 Information on alternative dispute resolution in consumer matters, applicable law and jurisdiction
10.1 You can find the EU platform for out-of-court online dispute resolution at http://ec.europa.eu/consumers/odr/. The seller is not obliged and not willing to participate in dispute resolution proceedings before the competent consumer arbitration board.
10.2 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall not be affected. In the event that there is a gap in the provisions, the contracting parties undertake to replace the missing provision with a contractual provision that corresponds to the concurring will of the parties. The same shall apply if a gap arises because a provision is invalid or void and no statutory provision is available to fill the gap in the provisions.
10.3 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and provisions referring to the law of other countries. If the Buyer has placed the order as a consumer and has his habitual residence in another country at the time of his order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
If the Buyer is an entrepreneur and has its registered office in Germany at the time of the order, the exclusive place of jurisdiction for all disputes arising from and in connection with this agreement shall be the Seller's registered office, 74679-Weißbach. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
Status: September 2022
Annex 1 - Sample cancellation form
To
Hornschuch-Markt GmbH
Salinenstraße 1
74679 Weißbach
Germany
Email: contact@bal-on.golf
I/we (*) hereby withdraw the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
__________________________________________________________________________
Ordered on __________________ (*)/received on (*) ___________________
Name of consumer(s) ______________________________________
Address of the consumer(s)
_______________________________________
_______________________________________
_______________________________________
__________________________________
Signature of the consumer(s)
(only for communication on paper)
Date ____________________
(*) Delete as applicable.