General business terms

I. General terms and conditions

§ 1 Basic Provisions

(1) The language of the contract is German.

(2) The following terms and conditions apply to all contracts you enter into with us as the provider (Balloonio) through the website balloonio.com. Unless otherwise agreed, any terms and conditions you use are excluded.

(3) A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor attributable to their independent professional activity. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.

(4) With respect to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they become part of the contract only if we have expressly agreed to them.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods. Our offers on the internet are non-binding and not a binding offer for the conclusion of a contract.

(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods and/or repair services intended for purchase are placed in the "shopping cart." You can access the "shopping cart" and make changes at any time using the corresponding button in the navigation bar. After accessing the "Direct Checkout" page and entering personal details, payment, and shipping information, all order data will be displayed again on the order summary page.

If you use the instant payment system "PayPal Express" by clicking the corresponding button integrated into the shop system, you will be redirected to the PayPal login page. After successful login, your address and account details stored with PayPal will be displayed, or you will need to enter them to complete the purchase offer. By clicking the "Continue" button, you will be redirected back to our online shop to the order summary page.

Before submitting the order, you have the option to review, modify (also using the "back" function of the web browser), or cancel the purchase. By submitting the order using the "Order with Obligation to Pay" button, you make a binding offer to us.

Subsequently, your data will be forwarded to our dropshipping partner company, which is responsible for the production and shipment of your products. By using our shop and especially by submitting the order using the "Order with Obligation to Pay" button, you expressly consent to this transfer.

(3) The acceptance of the offer (and thus the conclusion of the contract) occurs immediately after the order through confirmation in text form (e.g., email), which confirms the execution of the order or delivery of the goods (order confirmation). Please also check your spam folder after each conclusion. If you do not receive a corresponding message, you are no longer bound by your order. Any services already rendered will be promptly refunded in this case.

(4) Your requests for a quote are non-binding. We will provide you with a binding offer in text form (e.g., via email), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required for the conclusion of the contract are partially automated via email. Therefore, you must ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and that it is not blocked by spam filters.

§ 3 Right of Retention, Retention of Title

(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following additional provisions apply:

a) We reserve ownership of the goods until all claims from the ongoing business relationship have been fully settled. Prior to the transfer of ownership of the retained goods, a pledge or security transfer is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you already assign all claims arising from the resale to us in the amount of the invoice amount, and we accept the assignment. You are still authorized to collect the claims. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.

c) In the case of combination and mixing of the retained goods, we acquire co-ownership of the new item in proportion to the invoice value of the retained goods to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request, to the extent that the realizable value of our securities exceeds the secured claim by more than 10%. The selection of the securities to be released is at our discretion.

§ 4 Warranty

(1) Statutory warranty rights apply.

(2) For used goods, the warranty period deviates from the statutory regulation and is one year from the delivery of the goods. The one-year warranty period does not apply to damages attributable to us caused by the violation of life, body, or health, and damages caused by gross negligence or intent or deceit by the provider, as well as recourse claims according to §§ 478, 479 BGB.

(3) If you are an entrepreneur, the following deviations from paragraph 1 apply:

a) Only our own specifications and the manufacturer's product description are considered as agreed upon concerning the condition of the goods, not other advertising, public praises, and statements of the manufacturer.

b) You are obliged to examine the goods immediately and with due diligence for quality and quantity deviations and to notify us and the freight forwarder of obvious defects within 7 days of receiving the goods in writing. Timely dispatch is sufficient for meeting the deadline. This also applies to later discovered hidden defects from the time of discovery. If the obligation to inspect and notify is violated, warranty claims are excluded.

c) For defects, we provide warranty by either repair or replacement at our choice. If the defect removal fails, you can choose to demand a reduction or withdraw from the contract. Defect removal is considered failed after an unsuccessful second attempt unless the nature of the item or defect or other circumstances indicate otherwise. In the case of repair, we do not have to bear the increased costs arising from the transport of the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.

d) The warranty period is one year from the delivery of the goods. The shortened warranty period does not apply to damages attributable to us caused by the violation of life, body, or health, and damages caused by gross negligence or intent or deceit, as well as recourse claims according to §§ 478, 479 BGB.

(4) If you are an entrepreneur, the following applies to repair services deviating from paragraph 1:

You are obliged to examine the service provided immediately and with due diligence and to report obvious defects and disturbances in writing within 7 days of becoming aware or being able to become aware; timely dispatch is sufficient to meet the deadline. This also applies to later discovered hidden defects from the time of discovery. If this notification obligation is violated, warranty claims are excluded. § 377 HGB applies accordingly.

§ 5 Liability

(1) We are fully liable for damages resulting from injury to life, body, or health. Further, we are fully liable in cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the condition of the purchased item, and in all other cases regulated by law.

(2) Liability for defects under statutory warranty is governed by the corresponding provisions in our Customer Information (Part II) and General Terms and Conditions (Part I).

(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the contract-typical, foreseeable damage. Essential contractual obligations are fundamental obligations arising from the nature of the contract and whose breach would jeopardize the achievement of the contract's purpose, as well as obligations that the contract imposes on us for achieving the contract's purpose, whose fulfillment makes the proper execution of the contract possible in the first place, and on which you can regularly rely.

(4) In the event of a breach of non-essential contractual obligations, liability for slight negligence is excluded.

(5) Data communication over the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. Therefore, we are not liable for the continuous or uninterrupted availability of the website and the services offered thereon.

§ 6 Choice of Law, Place of Performance, Jurisdiction

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the protection granted by mandatory provisions of the law of the consumer's habitual residence (principle of favorability).

(2) The place of performance for all services from the business relationships existing with us and jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a public-law special fund. The same applies if you have no general jurisdiction in Germany or the EU, or if the place of residence or habitual residence is not known at the time of filing the lawsuit. The authority to also call a court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN Sales Convention expressly do not apply.

II. Customer Information

1. Identity of the Seller

WIDERGANG

Konzeption, Gestaltung & Realisierung von Web und E-Commerce Lösungen
Allersberger Str. 185
90461 Nürnberg
Germany

Contact

Phone: +49 (0) 911 953 43 223
Email: shop@balloonio.com
Owner: Art Petto

The above address is not a returns address!

See: Cancellation rights & returns

The European Commission provides a platform for online dispute resolution (OS platform), which can be accessed at http://ec.europa.eu/odr.

2. Information on the Conclusion of the Contract

The technical steps to the conclusion of the contract, the conclusion of the contract itself, and the correction options are carried out according to § 2 of our General Terms and Conditions (Part I).

3. Language of the Contract, Storage of the Contract Text

3.1. The language of the contract is German.

3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed or saved electronically using the browser's print function. After receiving the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer by email, which you can print or save electronically.

4. Essential Features of the Goods

The essential features of the goods are found in the item description and additional information on our website.

5. Prices and Payment Terms

5.1. The prices listed in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

5.2. The shipping costs are not included in the purchase price. They can be accessed through a correspondingly designated button on our website or in the respective item description, are separately listed during the ordering process, and are to be borne by you in addition unless free shipping is promised.

5.3. The payment methods available to you are listed under a correspondingly designated button on our website or in the respective item description.

5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due immediately.

6. Delivery Conditions

6.1. The delivery conditions, delivery date, and any existing delivery restrictions are found under a correspondingly designated button on our website or in the respective item description.

6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipping passes to you only upon delivery of the goods, regardless of whether the shipping is insured or uninsured. This does not apply if you have commissioned a transport company or another person not named by the entrepreneur for the execution of the shipment.

6.3. If you are an entrepreneur, the delivery and shipping are at your own risk.

6.4 Orders placed on weekdays before 12:00 p.m. CET will be ready for shipping within 24 hours, when all products of the order are in stock.

7. Statutory Warranty Rights

7.1. The warranty for our goods is governed by the "Warranty" section in our General Terms and Conditions (Part I).

7.2. As a consumer, you are requested to immediately check the goods upon delivery for completeness, obvious defects, and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.

These General Terms and Conditions and customer information are continually reviewed for legal compliance.