General conditions and customer information
2. Conclusion of Contract
3. Right of revocation
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Liability for defects
7. Applicable Law and Place of Jurisdiction
1.1 These terms and conditions of the Balanced Solutions GmbH (hereinafter referred to as “Seller”), shall apply to all contracts with a consumer or business (hereinafter referred to as the “Customer”) and the seller for the in the seller’s online shop displayed goods and/or services.
1.2 A consumer in the sense of these General Terms and Conditions is every natural person who performs a legal transaction for a purpose that is neither commercial nor their independent vocational activity can be added. A businessn in the sense of these General Terms and Conditions is every natural or legal person or a legal partnership performs a legal transaction for a purpose that is professional or commercial activity.
2) Conclusion of Contract
2.1 The shop online seller containing product descriptions are not binding offers of the seller, but intended to submit a binding offer by the customer.
2.2 The customer can offer via the online shop of the seller integrated online order form. There the customer, after entry of his personal data, can by a click of the ordering process final buttons, submit a legally binding contract offer in relation to the goods contained in the shopping cart and/or services.
2.3 The seller can accept the offer of the customer within five days
– by giving the customer a written confirmation of order or an order confirmation in text form (fax or e-mail), with the extent that the receipt of the order confirmation by the customer is decisive, or
– by giving the customer the ordered goods, where the extent that the receipt of the goods by the customer is decisive, or
– by request the customer after the submission of the order to fullfill the payment.
If there are several of the above alternatives applicable, the contract is closed at the time that of the above alternatives occurs first. If the seller does not accepts the offer of the customer within the above period, this shall be considered as a rejection of the offer with the result that the customer is no longer bounded to his declaration of intention to buy.
2.4 The period for acceptance of the offer begins on the day after the customer sbmits its binding offer and ends with the end of the fifth day.
2.5 At the submission of an offer on the online order form of the seller, the contract text stored by the seller send to the customer together with the general terms and conditions in text form (e.g., E-mail, fax or letter) was sent. In addition, the text of the Treaty on the internet page of the seller is archived and can be read by the customer via his password-protected customer account, if a customer account in the online shop of the seller has been created by and for the customer.
2.6 Before placing a binding order through the online order form of the seller, the customer can correct his input via the normal keyboard and mouse functions. In addition, all entries can be corrected before placing a binding order in a confirmation window using the normal keyboard and mouse functions to be corrected.
2.7 For the contract the German language is available.
2.8 The order processing and contact can be found via automated e-mail and order processing. The customer has to ensure that the specified e-mail address is correct so that e-mails sent by the seller can be received. The customer using spam filters has to ensure that all of the seller or of this with the order processing commissioned third parties sent e-mails can be sent and received by the customer.
3) Right of revocation
Consumers have in principle a right of revocation. More information about the right of revocation can be found on the website of the seller.
4) Prices and terms of payment
4.1 The prices quoted by the seller include VAT and other price components. If additional delivery and shipping costs are applicable they are specified separately.
4.2 The customer has several payment options available in the online shop of the seller.
4.3 Ifs cash in advance has been agreed, the payment is due immediately after conclusion of the contract.
4.4 When choosing the method of payment “PayPal” , then the payment is handled by the payment provider PayPal (Europe) S.à r.l. et Cie, P.C.A., 22-24 Boulevard Royal, L- 2449 Luxembourg under the payPal-useragreements Https://www.paypal.com/webapps/mpp/ua/useragreement-full. This requires inter alia that the customer opens a Paypal account or already have an account.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be carried out regularly on the shipping routes and to the delivery address specified by the customer. The delivery address specified by the seller on the sellers online form is decisive. Except selecting the PayPal payment by the customer at the time of payment then the shipping address filed with PayPal is decisive.
5.2 If the shipping companies sends the the goods back to the Seller because a delivery to the customer was not possible, then the customer bears the costs for the unsuccessful delivery.
5.3 In principle, the risk of accidental destruction and accidental deterioration of the sold goods , is transfered to the contracted transport person, with the order to transport the goods.
5.4 Self-collection is not possible for logistical reasons.
6) Defects Liability
Applicable is the statutory liability for defects.
7) Applicable Law, Place of jurisdiction
7.1 If the customer is a consumer within the meaning of item 1.2, then shall apply to all legal relationships of the parties the Swiss law under exclusion of the UN Convention on the international sale of goods and the exclusive place of jurisdiction for all disputes arising from this contract is the place of residence of the customer.
7.2 If the customer is an business within the meaning of paragraph 1.2, the exclusive place of jurisdiction for all disputes arising from this agreement is the place of residence or place of business of the seller.
We’re pleased about your interest in our website. Protecting your privacy is very important to us.
1) Acquisition, processing and utilization of personal data
You can visit our website without submitting any information about yourself. We simply save access data to analyse and improve our offers and do not permit any connection to your person.
Personal data is only collected if you voluntarily provide us with it, while opening a customer account or registering for our newsletter. We use the personal details you’ve shared to complete your order. As a customer, your information is used for contract-completion and our own advertisement purposes. When you separately sign up for our newsletter, your email will be used for our own advertisement purposes until you opt out of the newsletter. You can opt out at any time without charge (not taking into account internet provision costs) by clicking “unsubscribe” at the end of any newsletter.
2) Data Protection
During the ordering process, your personal information is encoded via “Secure Socket Layer” (SSL) and transferred through the Internet (excluding address transfer within newsletter subscriptions). We use a highly secure 128-Bit encoding system. Credit card details are not saved, but directly received and processed by our payment provider. FIT OCEAN does have access to your details. We use both technical and organizational measures to secure our website and systems against data loss, destruction, access, manipulation or distribution by unauthorized persons. Access to your customer account is only possible by entering your personal password. Please keep your login details confidential at all times and always close your browser window once you have finished communicating with us, especially if you are using a shared computer.
4) Social Plugins
4.1 This website uses so-called Social Plugins (“Plugins”) by the social network Facebook, which is run by the Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The Plugins are identifiable by a Facebook logo or the additional phrase “Social Plugin by Facebook” or “Facebook Social Plugin”.
An overview of the Facebook Plugins and how to recognize them is available here:
When you open up a page on our website that contains such a plugin, your browser will create a direct connection with the Facebook servers. The contents of the plugin will be transferred directly to your browser and incorporated into the website you are viewing.
By using these plugins, Facebook receives notice that your browser has initiated the relevant page on our website, even if you do not own a Facebook account or are not currently logged in to your Facebook account. This information (including your IP address) is transferred straight from your browser to a Facebook server in the USA and saved there.
When you are logged into Facebook, Facebook can directly assign your visit to our website to your Facebook account. When you interact with these plugins, for example by clicking on a “like” button or by submitting a comment, this information is also directly transferred to a Facebook server and saved there. This information is then also automatically published on Facebook and displayed to your Facebook friends.
Facebook can use this information for advertising purposes, market research and to tailor the appearance of Facebook pages to a specific user. To do this, Facebook creates profiles for usage, interests and connections. For example, this could be used to rate the usage of our website on account of Facebook adverts, to notify other Facebook users of your actions on our website and for other services that are associated with the use of Facebook.
If you would not like Facebook to associate the data collected from your visit to our website with your Facebook account, you need to log out of Facebook before visiting our website.
4.2 Use of Google Analytics
This website uses Google Analytics, a website analysis service provided by Google Inc. (“Google”). Google analytics uses so-called “cookies”, in the form of text files saved to your computer in order to enable an analysis of your use of the website. The information generated by the cookie about your use of this website is normally transmitted to a Google server in the USA and stored there. In the case of the IP-anonymization on this website being activated, your IP address will however be shortened by Google beforehand within the member states of the European Union or in other signatory states to the European Economic Area Treaty. Only in exceptional cases will the complete IP address be transmitted to a Google server in the USA and shortened there. Acting under the authority of this website operator, Google will use this information to evaluate your use of the website, to compile reports about the website activities and to provide further services for the website operator linked to the use of the website and the internet. The IP address transmitted from your browser within the parameters of Google Analytics will not be merged with other Google data. You are able to prevent the storage of the cookies by appropriate adjustment of your browser software. However, we should point out to you that in this case you may be unable to use the full range of functions of this website.
Furthermore you can prevent the collection by Google of the data (including your IP address) created by the cookie and relating to your use of the website, as well as the processing of these data by Google by downloading and installing the browser plug-in which is available through the following link: https://tools.google.com/dlpage/gaoptout?hl=en
5) Your Rights and contact
You have a right to free information about your stored data as well as a right to correction, blockage or deletion of these data. If you have further questions regarding the collection, processing or use of your personal data, please contact us. The same applies to information, blocking, cancellation and correction requests concerning your personal data and for revocation of consents granted. The contact address can be found in our imprint.
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