Terms & Conditions
1.1 These General Terms and Conditions ("GTC") apply to all orders placed by customers ("Buyer" or “you”) with Hornschuch-Markt GmbH, Salinenstraße 1, 74679 Weißbach, Germany via its WebShop www.bal-on.golf, e-mail: email@example.com ("Seller"). These GTC apply regardless of whether the Buyer is a consumer or a business.
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, a business is any natural or legal person or partnership with legal capacity who, when concluding the contract with the Seller , acts in the exercise of his commercial or self-employed professional activity.
1.3 If you are a business these GTC apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. For all customers the version of the GTC valid at the time of conclusion of the contract shall be binding.
1.4 All orders made by the Buyer shall be subject to these GTC and shall only be accepted when the Seller issues an order confirmation and a declaration of acceptance as more fully set out below.
2 Subject of the contract
The Seller offers smart insoles for the analysis and improvement of the golf game as well as accessories and other products ("Goods") for sale via its online store www.bal-on.golf. The online store is exclusively for the use of buyers in the United Kingdom, Ireland, Germany, Sweden, and Spain. Shipping to other countries is excluded. If the Buyer buys goods as an employee of a business (e.g. a company, partnership with legal capacity or other legal entity), the Buyer confirms that by placing an order that he is duly authorized by this business to conclude a contract on its behalf.
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 contract for the sale and purchase of the Goods. To place an order, the Buyer must place the desired goods in his virtual shopping cart. By accessing 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 point of 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 clicking the button "Buy now", the Buyer places a legally binding order. Where the Buyer is a consumer the right of cancellation set out in clause 5 remains unaffected.
3.2 To conclude a contract for the purchase of Goods, the Buyer is required to provide the information necessary for an order as requested by the Seller’s online store.
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 Clause 4), unless, in addition to the email confirming receipt, the Seller declares that the order is accepted at the same time. A contract between the Seller and the Buyer for the sale and purchase of Goods is only concluded when the order is accepted by the Seller by means of a declaration of acceptance issued by the Seller.
3.4 If the delivery of the ordered goods is not possible, for example, because the corresponding goods are not in stock, the Seller shall not issue a declaration of acceptance. In this case, no contract is concluded. The Seller will inform the Buyer immediately that delivery of the ordered goods is not possible and shall refund to the Buyer any payments already received.
3.5 The text of the contract formed between the Buyer and Seller for the sale and purchase of goods 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 that the Buyer makes a copy of the text of the contract entered into with the Seller.
3.6 As part of the ordering process, the Buyer has the option to create a user account which will allow him to track the status of his order. However, the creation of a user account is not mandatory to place an order.
4 Conclusion of contract and payment options
4.1 If the Buyer chooses to pay by credit card, the Seller will accept the order by issuing a declaration of acceptance in a separate e-mail.
4.2 If the Buyer chooses to pay via the payment service provider PayPal, he will be redirected to PayPal’s website during the ordering process. There the Buyer must enter all payment details and confirm the payment instruction. After the order has been submitted , the Seller will request the payment service provider PayPal to initiate the payment transaction, which will redirect the Buyer to the payment service provider's page where he must enter the payment details. By initiating this process, the Seller accepts the order.
5 Right of cancellation
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 cancellation in accordance with the statutory provisions and as more fully set out below.
5.2 If the buyer makes use of his right of cancellation according to clause 5.1, he has to bear the costs of returning the Goods to the Seller.
5.3 The right of withdrawal shall be as set out below:
Right of cancellation
You have the right to cancel 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, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (Hornschuch-Markt GmbH, Salinenstraße 1, 74679, Weißbach, Germany, phone: +49 (0)7947 81-8676, e-mail: firstname.lastname@example.org) by means of a clear communication (e.g. a letter sent by post or an e-mail) of your decision to cancellationthis contract. For this purpose, you may use the enclosed sample withdrawal form (Annex 1), which is, however, not mandatory.
In order to cancel within the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of cancelling
If you cancel 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 cancellation 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 to make 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 cancellation of this contract. The deadline to return goods is met if you send the goods before the expiry of the period of fourteen days.
You must bear the costs of returning the goods to us..
If you handle the goods in a way which would not be acceptable in-store, we will reduce your refund, to compensate us for its reduced value. For example, we will reduce your refund if the goods’ condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing.
6 Delivery terms, prices and shipping costs
6.1 Subject to Clause 6.4, delivery shall be made within approximately 7 working days after the Seller's declaration of acceptance.
6.2 If the Buyer is a consumer, the following applies: All prices on the online store are shown inclusive of VAT at the current rate but do not include any shipping or delivery costs incurred. The shipping or delivery costs depend on the value of the order. Details of the applicable shipping or delivery costs will be shown clearly linked to the prices. The resulting price for an order, including VAT and shipping or delivery costs, is also displayed in the order confirmation before the order is sent.
6.3 If the Buyer is a business , 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 VAT at the prevailing rate.
6.4 The Seller may deliver some of the Goods ordered separately but shall only make such partial deliveries if (1) the Goods delivered in the partial delivery are usable by the Buyer without the balance of the Goods, (2) it will be possible to deliver the balance of the Goods at a later time 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 as set out in Clause 4. Payment can be made by credit card and via the payment service provider PayPal. If the Buyer choses to pay by PayPal then PayPal will offer the Buyer various payment options free of charge for the Buyer. These may include payment by credit card, direct debit or with the credit balance of the Buyer’s own PayPal account.
7.1.1. If the Buyer pays by credit card, the Buyer will be asked to provide his credit card details at the same time as the order. After the Buyer has been verified as a legitimate cardholder, the Seller will request the credit card company to initiate the payment transaction. The payment transaction is then automatically carried out by the credit card company and the Buyers card is charged.
7.1.2. If the Buyer decides to pay via the payment service provider PayPal, the Buyer will be redirected to the website of the payment service provider during the ordering process. To be able to pay the invoice amount via PayPal, the Buyer must be registered with PayPal and comply with the instructions of PayPal to make the payment to the Seller. After submitting the Buyer submits his order in the online store, the Seller will request the payment service provider to initiate the payment transaction. The Buyer will receive further instructions during the order process.
7.2 In the event of cancellation by the Buyer (as set out in Clause 5), payments already made by the Seller shall be refunded in accordance with Clause 5.
7.3 If you are a business you must pay all amounts due in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law)
8 Defects of delivered goods and transport damages
8.1 Your rights and remedies if you are a consumer. We honour our legal duty to provide you with Goods that are as described to you on our website and that meet all the requirements imposed by law.
8.2 Your rights if you are a business. We warrant that on delivery any Goods shall:
8.2.1. conform with their description; and
8.2.2. be free from material defects in design, material and workmanship.
8.3 Any warranties given by the Seller or the manufacturer in relation to shall be in addition to the warranties and rights set out above in Clauses 8.1 (for a consumer) and 8.2 (for a business). Details of any such additional warranties shall be set out in the warranty conditions accompanying the Goods.
8.4 If you think there is something wrong with your Goods you must notify us immediately If Goods are delivered with obvious transport damage, the Buyer should notify both the deliverer and the Seller immediately. Where the Buyer is a consumer failure to make a complaint or to contact to the Seller does not effect the Buyer’s statutory rights.
8.5 Where the Buyer is a business the risk of accidental loss and accidental deterioration of the Goods shall pass to the Buyer as soon as the goods have been delivered to the forwarding agent, the carrier or any other person responsible for the delivery of the Goods. The goods must be inspected immediately after delivery and any defect must be reported to the Seller without delay. If the Buyer fails to notify the Seller immediately, the Goods shall be deemed to have been approved, unless the defect was hidden or latent and not recognisable during the inspection. Where the defect was hidden or latent then the Goods shall we inspected as soon as possible and the defect shall be notified as soon as it is discovered. Failure to do so shall mean that the Goods are deemed to have been approved by the Buyer
9 Liability, Force Majeure
9.1 Where the Buyer is a consumer. The Seller shall be responsible for losses you suffer caused by us breaking this contract unless the loss is:
- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
- Caused by a delaying event outside our control. As long as we have taken the steps set out in Clause 9.4 below.
- Avoidable. Something you could have avoided by taking reasonable action. For example, you could have avoided by following our advice.
- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Clause 9.2 below.
9.2 Where the Buyer is a business. Then save as set out in Clause 9.3:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Goodss under this contract.
9.3 Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987[; or]
- any matter in respect of which it would be unlawful for us to exclude or restrict liability.
9.4 Where the Buyer is a business we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979.
9.5 If our supply of the Goods is delayed by an event outside our control, such as power failures, strikes, lawful lockouts, shortage of labour, lockdowns, or a pandemic affecting either our ability to have the Goods manufactured or delivered to you we will contact you as soon as possible to let you know and do what we can to reduce the delay as well as to propose a new delivery date where possible. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contract us to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
10 Information on alternative dispute resolution in consumer matters, applicable law and jurisdiction
10.1 Please contact us if you have a complaint and we will seek to resolve it with you. If it is not possible to resolve a complaint then we are obliged to provide you with details of an Alternative Dispute resolution (ADR) Provider. ADR is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Note that the Seller is not obliged to and may decide not to participate in any ADR process.
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 a provision is declared invalid the contracting parties undertake to replace the missing provision with a contractual provision that corresponds to the concurring will of the parties.
10.3 These GTC are governed by English law. If the Buyer is a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against the Seller in the courts of the country you live in. If the Buyer is a consumer we can claim against you in the courts of the country you live in. If the Buyer is a business you irrevocably agree to submit all disputes arising out of or in connection with these GTC to the exclusive jurisdiction of the English courts.
Status: June 2023
Annex 1 - Sample cancellation form
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)
(*) Delete as applicable.