Terms of service

Scope

1.1 These General Terms and Conditions (hereinafter "GTC") 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 that a consumer or entrepreneur (hereinafter "Customer") concludes with 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 GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a legally capable partnership who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

1.3 The subject of the contract is the products offered in our online shop.

Incorrect Address: It is the buyer's responsibility to ensure that the specified delivery address is correct. Errors can occur, for example, if your computer uses autofill and automatically adds a different address. Therefore, we ask you to inform us immediately if you believe that the address is inaccurate in any way, so we can correct it before execution.

Conclusion of the Contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of 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. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with respect to the goods contained in the shopping cart by clicking the button that concludes 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 email), whereby the receipt of the order confirmation by the customer is decisive, or
• delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• requesting the customer to pay after submitting their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends with the expiry of the second working day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When selecting the "PayPal Express" payment method, payment processing is carried out 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's user agreement, which can be viewed 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, which can be viewed 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 concludes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is stored by the seller and sent to the customer after sending their order along with the present GTC in text form (e.g. email, fax, or letter). However, the contract text can no longer be retrieved by the customer via the seller's website after submitting their order.

2.6 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the enlargement function of the browser, which enlarges the display on the screen. The customer can correct their inputs using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address they provide for order processing is correct so that emails sent by the seller can be received at this address. In particular, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered when using SPAM filters.

Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.

Prices and Payment Conditions

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and that must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs can also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 When paying via a payment method offered by PayPal, payment processing is carried out 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's user agreement, which can be viewed 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, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.5 When selecting the credit card payment method, the invoice amount is due immediately upon conclusion of the contract. The provider remains responsible for general customer inquiries, such as those about the goods, delivery time, dispatch, returns, complaints, declarations of withdrawal, and returns or credits, even when the credit card payment method is selected.

Delivery and Shipping Conditions

5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer unless otherwise agreed. In the processing of the transaction, the delivery address specified in the seller's order processing is decisive. In contrast, when selecting the PayPal payment method, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.3 Self-collection is not possible for logistical reasons.

Contract Duration and Termination in Subscription Contracts

Retention of Title

If the seller advances, they retain ownership of the delivered goods until full payment of the purchase price owed.

Liability for Defects (Warranty)

6.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

6.2 For used goods, the following applies: claims for defects are excluded if the defect occurs only after 30 days from delivery of the goods. Defects that occur within this period can be asserted within the statutory limitation period.

6.3 The customer is requested to report delivered goods with obvious transport damage to the deliverer and inform the seller. Failure to comply with this request has no impact on the customer's statutory or contractual claims for defects.

Applicable Law

7.1 For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

Alternative Dispute Resolution

8.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution 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.