Terms of service
Scope
1.1 These General Terms and Conditions (hereinafter "T&C") of Balinaro, info@balinaro.com, (Room 1120 11/F Ocean Centre, Harbour City, Tsim Sha Tsui, Kowloon, Hong Kong) apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the seller regarding the goods displayed in the seller's online shop. The inclusion of the customer’s own conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer in the sense of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur in the sense of these T&C is a natural or legal person or a partnership with legal capacity who acts in the course of their commercial or independent professional activity when entering into a legal transaction.
1.3 The subject of the contract is products offered in our online shop.
Incorrect address: It is the responsibility of the buyer to ensure that the provided delivery address is correct. Errors may occur, for example, if your computer uses auto-fill and automatically inserts a different address. Therefore, we ask that you inform us immediately if you believe the address is incorrect in any way so that we can correct it before processing the order.
Conclusion of Contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. By placing the selected goods in the virtual shopping cart and completing the electronic order process, the customer submits a legally binding offer to enter into a contract for the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The seller can accept the customer's offer within two working days by
sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
requesting payment from the customer after their order has been placed.
If several of the aforementioned alternatives apply, the contract is concluded at the point in time when one of the alternatives first occurs. The period for acceptance of the offer begins on the day following the dispatch of the offer by the customer and ends at the end of the second working day following the dispatch of the offer. If the seller does not accept the customer's offer within this period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.
2.4 If the payment method "PayPal Express" is selected, payment is processed via the payment service provider PayPal (Europe) S.à r.l et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
If the customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer’s offer at the time the customer initiates the payment process by clicking the button that completes the order.
2.5 When submitting an offer via the seller’s online order form, the contract text is saved by the seller and sent to the customer after the order has been submitted, along with these T&C, in text form (e.g., e-mail, fax or letter). The contract text can no longer be retrieved by the customer via the seller’s website after the order has been submitted.
2.6 Before the binding submission of the order via the seller's online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognition of input errors can be the zoom function of the browser, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The contract is concluded exclusively in the German language.
2.8 Order processing and contact are generally carried out via e-mail and automated order processing. The customer must ensure that the e-mail address they provide for order processing is accurate so that emails sent by the seller can be received at that address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information about the right of withdrawal can be found in the seller’s withdrawal policy.
Prices and Payment Terms
4.1 Unless otherwise stated in the product description of the seller, the prices indicated are total prices including statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that are not the seller’s responsibility and must be borne by the customer. These include, for example, fees for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The available payment methods are communicated to the customer in the seller’s online shop.
4.4 If a payment method offered via PayPal is selected, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the terms of PayPal, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
4.5 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. The provider remains responsible, even with credit card payment, for general customer inquiries such as about the goods, delivery time, dispatch, returns, complaints, withdrawal declarations, or credit notes.
Delivery and Shipping Conditions
5.1 Delivery of goods is made via shipping to the delivery address specified by the customer unless otherwise agreed. The delivery address stated during the order processing is decisive. If PayPal is selected as the payment method, the delivery address stored with PayPal at the time of payment is decisive.
5.2 Returns from non-EU and non-US countries. Customers returning goods from countries outside the European Union or the United States shall bear all customs fees or import duties incurred when returning goods to our warehouses in Germany or the USA. These costs will be deducted from the refund amount.
5.3 Self-collection is not possible for logistical reasons.
Contract Duration and Termination for Subscription Contracts
Retention of Title
If the seller provides advance performance, they retain ownership of the delivered goods until full payment of the purchase price owed has been made.
Liability for Defects (Warranty)
6.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
6.2 Deviating from this, for used goods: defect claims are excluded if the defect appears only after 30 days from delivery. Defects occurring within this period can be asserted within the statutory limitation period.
6.3 The customer is requested to report goods with obvious transport damage to the delivery service and to inform the seller. Failure to do so has no effect on the customer's statutory or contractual defect claims.
7.1 Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
Alternative Dispute Resolution
8.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
8.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.