General Terms and Conditions of Business
1. scope of application
The following General Terms and Conditions apply to all contracts concluded via our online shop (hereinafter referred to as "Online Shop") between the
Galerie Balbach
Timo Balbach
Saerbecker Street 141
48268 Greven
Germany
and you as the customer. Conflicting or deviating General Terms and Conditions shall not apply. This also applies if we do not expressly object to their inclusion.
The contract language is German.
We sell goods exclusively to consumers and in quantities customary in the trade.
2 Conclusion of contract
The presentation of goods in our online shop represents a non-binding invitation to you to order goods. It is not yet a legally binding offer from us.
You can add individual products to the virtual shopping basket by clicking on the "Add to shopping basket" button, without this constituting an offer to purchase. Before placing your order, you can add further products to the shopping basket or remove them again. You can also cancel the ordering process completely by closing the browser.
You only make a binding offer to purchase the products in the shopping basket when you click on the "Buy now" order button.
After submitting your order in our online shop, you will receive a confirmation e-mail. This does not constitute acceptance of the contract by us. The acceptance of the contract is made by a separate e-mail or by sending the goods, whereby the acceptance takes place within seven days after the submission of your order.
Upon completion of the purchase process, the General Terms and Conditions become part of the purchase contract. You will have the opportunity to take note of these General Terms and Conditions and to save and print them before completing the order process.
We will save the text of the contract and send you the order data by e-mail. 3.
3. terms of delivery and delivery periods
Dispatch or delivery at your choice within Germany and the EU:
You can have the ordered goods delivered. For this purpose, please enter a delivery address within Germany or the EU within the ordering process.
We will calculate the costs for the delivery, depending on the weight and size of the object, as well as the delivery address, after receipt of your order.
Self-collection
If you wish, you can pick up your ordered goods in our Galerie Balbach in 48268 Greven to pick up your order.
The collection of your order should take place within 7 - 14 working days after your order.
4. prices, shipping and delivery costs
The prices stated at the time of ordering plus shipping costs apply. All prices include the applicable statutory value added tax.
We calculate the costs for delivery, depending on the weight and size of the object, as well as the delivery address, after receipt of your order.
For deliveries outside Germany, please contact us in advance to clarify and check available options.
5. payment methods and terms of payment
The following payment methods are available in our online shop:
a) cash payment
b) bank transfer
c) card payment
6. reservation of proprietary rights
The goods remain our property until full payment has been received.
7. right of withdrawal for consumers
If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who concludes a legal transaction for a purpose which can be attributed neither to his commercial nor to his independent professional activity, you are entitled to the following right of revocation:
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (Galerie Balbach, Timo Balbach, Saerbecker Str. 141, 48268 Greven, Phone: +49 178 4104220, [email protected]) by means of a clear declaration (e.g. an e-mail) of your decision to withdraw from this contract.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you cancel this contract, we must refund all payments we have received from you, except for the delivery costs, immediately and at the latest within fourteen days of the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to Galerie Balbach, Timo Balbach, Saerbecker Straße 141, 48268 Greven, without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to your handling the goods in a way that is not necessary for checking the condition, properties and functioning of the goods.
Grounds for expiry
The right of withdrawal expires prematurely in the case of contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
End of the cancellation policy
9. warranty
You are entitled to the statutory warranty rights according to §§ 434 ff. BGB (German Civil Code). In the case of all defects occurring during the statutory warranty period of two years from delivery of the goods, you have in particular the statutory right to subsequent performance and - if the statutory requirements are met - the statutory rights to a reduction in the purchase price or withdrawal from the contract and, in addition, to compensation for damages.
10 Liability
We shall only be liable for claims for damages arising from injury to life, limb or health or from the breach of essential contractual obligations as well as for other damages based on an intentional or grossly negligent breach of duty. Material contractual obligations are those on whose compliance the contractual partner may regularly rely or which make the performance of the contract possible in the first place.
In the event of a breach of material contractual obligations, we shall only be liable for the foreseeable damage typical for the contract which could reasonably be expected if such damage was caused by simple negligence. This shall not apply in the case of claims for damages arising from injury to life, limb or health.
Any further claims for damages are excluded. The aforementioned limitations of liability shall also apply in favour of our legal representatives and vicarious agents. Claims under the Product Liability Act remain unaffected.
11. platform for online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://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.
12. final provisions
This contractual relationship shall be governed exclusively by German law to the exclusion of the UN Convention on the International Sale of Goods (CISG). If you are a consumer and have your habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
13 Imprint / Operator of the online shop:
Galerie Balbach
Saerbecker Street 141
48268 Greven
Phone: +49 178 4104220
Email: [email protected]
Registered office of the company: Münster/Westphalia
Management: Timo Balbach
Register court: Local court Münster
VAT ID No.: DE295930889