General Terms and Conditions of Sale
SCOPE OF APPLICATION
These terms and conditions apply to all purchases made at alifeofballooning.com by private customers.
Private customers in this sense are persons with their place of residence and delivery address in the Federal Republic of Germany, insofar as the goods ordered by them cannot be attributed to their commercial or independent professional activity.
Business customers are requested to place orders on the order pages accessible via the business customer login.
CONCLUSION OF CONTRACT
The presentation of our goods and the granting of the opportunity to place an order represents a concrete offer on our part to conclude a purchase contract. By placing your order, you accept the offer and the purchase contract is concluded.
You will receive an order confirmation by e-mail to the e-mail address you have provided.
PRICES AND SHIPPING COSTS
The prices shown are final prices including VAT. The amount shown at the time of the binding order applies. Shipping costs are added, depending on the shipping method and the size and weight of the item(s) you have ordered. You can find out about the details under SHIPPING We will bear the regular costs of the return shipment incurred in the event that you return the goods by exercising your right of withdrawal. If you exercise your right of withdrawal, we will also refund the shipping costs.
PAYMENT
Payment is made upon delivery by means of
- PayPal
- Credit card
- SEPA direct debit
DELAY OF PAYMENT
If you are in default of payment, alifeofballooning.com shall be entitled to charge interest on arrears at a rate of 5 percentage points above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. If alifeofballooning.com can prove that it has incurred higher damages due to default, alifeofballooning.com shall be entitled to claim such damages.
RIGHT OF RETENTION
The customer is only authorized to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.
DELIVERY
(1) Delivery shall be made to the delivery address specified by the customer, within
- Germany
- Europe
- worldwide (by arrangement)
(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, alifeofballooning.com's obligation to perform is excluded. Amounts already paid will be refunded by alifeofballooning.com without delay.
(3) alifeofballooning.com may also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in the fulfillment of the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded by alifeofballooning.com without delay.
(4) Bulky goods (parcels with a volume greater than 1 square meter) are usually delivered by a forwarding agent. alifeofballooning.com expressly points out that these goods are not carried into the house.
FAVORABLE SHIPPING METHOD FOR RETURNS
(1) When returning the goods and accessories, please use the original packaging if possible, even if it has been damaged by being opened for functional testing.
(2) Please use the fully stamped and addressed return label enclosed with the delivery to return the goods. This is the simplest and most cost-effective shipping option. You are under no obligation to use this return procedure. However, if you choose an unnecessarily expensive shipping method, you may be obliged to pay us the increased costs compared to a cheaper shipping method.
RESERVATION OF OWNERSHIP
The delivered goods shall remain the property of alifeofballooning.com until all claims against the customer arising from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of the goods; in particular, the customer may not contractually grant third parties any use of the goods.
WARRANTY RIGHTS
(1) alifeofballooning.com will, at the customer's discretion, replace a defective product (warranty case) with a defect-free product or have it professionally repaired (subsequent performance) at alifeofballooning.com's expense. The customer is advised that there is no warranty case if the product had the agreed quality at the time of transfer of risk. A warranty case does not exist in the following cases in particular:
a) in the event of damage caused to the customer through misuse or improper use,
b) in the event of damage caused by the products being exposed to harmful external influences on the customer's premises (in particular extreme temperatures, moisture, exceptional physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).
(2) alifeofballooning.com also accepts no liability for a fault caused by improper repair by a service partner not authorized by the manufacturer.
(3) If the type of supplementary performance requested by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith - whereby in particular the value of the object of purchase in defect-free condition, the significance of the defect and the question of whether the other type of supplementary performance can be resorted to without significant disadvantages for the customer must be taken into account - the customer's claim shall be limited to the other type of supplementary performance in each case. This shall not affect alifeofballooning.com's right to refuse this other type of supplementary performance under the aforementioned conditions.
(4) Both in the case of repair and in the case of replacement delivery, the customer is obliged to send the product to the return address specified by alifeofballooning.com at alifeofballooning.com's expense, stating the order number. Before sending in the product, the customer must remove any objects inserted by him from the product. alifeofballooning.com is not obliged to inspect the product for the installation of such objects. alifeofballooning.com shall not be liable for the loss of such items unless it was readily apparent to alifeofballooning.com upon return of the product that such an item had been inserted into the product (in which case alifeofballooning.com shall inform the customer and hold the item ready for collection by the customer; the customer shall bear the costs incurred). Before sending in a product for repair or replacement, the customer must also make separate backup copies of the system software, applications and all data on the product on a separate data carrier and deactivate all passwords. No liability is accepted for loss of data. It is also the customer's responsibility to install the software and data and reactivate the passwords after the repaired or replacement product has been returned.
(5) If the customer sends in the goods in order to receive a replacement product, the return of the defective product shall be governed by the following provision: If the customer was able to use the goods in a defect-free condition between delivery and return, the customer shall reimburse the value of the benefits derived by him. The customer must pay compensation for any loss or further deterioration of the goods not caused by the defect and for the impossibility of returning the goods in the period between delivery of the goods and return of the goods not caused by the defect. The customer does not have to pay compensation for the deterioration of the goods caused by the intended use of the goods. Furthermore, the obligation to pay compensation shall not apply to the return of a defective product in the event of a warranty claim,
a) if the defect justifying withdrawal only became apparent during processing or transformation,
b) if alifeofballooning.com is responsible for the deterioration or loss or if the damage would also have occurred at alifeofballooning.com,
c) if the deterioration or loss has occurred at the customer's premises even though the customer has exercised the care that he is used to exercising in his own affairs.
(6) The customer's liability for damages in the event of a breach of the obligation to return goods for which the customer is responsible shall be governed by the statutory provisions.
(7) The customer may, at his discretion, withdraw from the contract or reduce the purchase price if the repair or replacement delivery has not led to a contractual condition of the product within a reasonable period of time.
(8) In addition, there may also be claims against the manufacturer under a warranty granted by the manufacturer, which are governed by the relevant warranty conditions.
(9) The statutory warranty of alifeofballooning.com ends two years after delivery of the goods. The period begins upon receipt of the goods.
LIABILITY
(1) In the event of slight negligence, alifeofballooning.com shall only be liable in the event of a breach of material contractual obligations and limited to the foreseeable damage. This limitation shall not apply in the event of injury to life, limb or health. alifeofballooning.com shall not be liable for other damages caused by slight negligence due to a defect in the purchased item.
(2) Irrespective of any fault on the part of alifeofballooning.com, alifeofballooning.com's liability in the event of fraudulent concealment of a defect or the assumption of a guarantee remains unaffected. The manufacturer's guarantee is a guarantee given by the manufacturer and does not constitute a guarantee given by alifeofballooning.com.
(3) alifeofballooning.com is also responsible for the impossibility of delivery occurring by chance during its delay, unless the damage would also have occurred if delivery had been made on time.
(4) The personal liability of the legal representatives, vicarious agents and employees of alifeofballooning.com for damage caused by slight negligence on their part is excluded.
APPLICABLE LAW
The contract concluded between you and alifeofballooning.com shall be governed exclusively by the laws of the Federal Republic of Germany, to the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the country in which you have your habitual residence remain unaffected.
COURT STATE
If, contrary to your statements when ordering, you do not have a place of residence in the Federal Republic of Germany or move your place of residence abroad after conclusion of the contract or your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship shall be Seeg, Germany.
DISPUTE RESOLUTION
General information obligations for alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Resolution Act):
The European Commission provides a platform for online dispute resolution (OS), which you can find at this address: http://ec.europa.eu/consumers/odr/ We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
FINAL PROVISIONS
(1) Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract, insofar as a contractual partner is not unreasonably disadvantaged by this.
(2) Amendments or additions to this contract must be made in writing.