Surfdeal.ch is an offer by BALANCED SOLUTIONS GMBH. For any business relationship between BALANCED SOLUTIONS GMBH and the customer starting from 01.01.2016 exclusively the following General Terms and Conditions will apply, regardless of the means of communication used.
The customer recognizes the exclusive validity of BALANCED SOLUTIONS GMBH’s General Terms and Conditions for the entire business relationship. BALANCED SOLUTIONS GMBH will not recognize any different conditions of the customer unless the management of BALANCED SOLUTIONS GMBH has expressly agreed in writing to their validity. If the customer enters into a business relationship with BALANCED SOLUTIONS GMBH by using the website, he/she recognises the General Terms and Conditions as the basis for the entire business relationship between the customer and BALANCED SOLUTIONS GMBH.
CLOSURE OF PURCHASE CONTRACT AND CANCELLATION
The presentation of products within the framework of the Online Shop does not represent a legally binding offer but rather an in-line catalogue without obligation. By clicking the button ‘Buy now’, you are making a binding order for the goods contained in the shopping basket. The confirmation of the receipt of the order will occur immediately after the order has been sent through an automatically generated e-mail and does not yet represent an acceptance of any contract. Such acceptance will only come into being when you receive an e-mail from us, in which we confirm the dispatch of the item or the order. We are able to accept your order within two days.
If we cannot accept the offer or should certain products in an order not be available, then you will be informed immediately.
BALANCED SOLUTIONS GMBH reserves the right to withdraw from the sales contract in cases of print or wording or calculation mistakes on the website.
All offers are valid as long as stocks last. Should our supplier despite contractual agreement not be able to deliver the ordered products then we equally have the right to cancel a contract with a customer. In this case you will be informed without delay that the ordered product cannot be delivered. The already paid purchase price will be returned within 14 business days (with Saturday not being considered a business day) of or set against other products. We may refuse repayment until we have received back the goods again or you have sent us proof of having sent back the goods, whichever occurs first.
Should nothing different be requested by the customer then the delivery address entered by the customer will be used.
If a delivery is not possible to a customer, be it because the customer was not reachable at the provided delivery address, although the time of delivery was indicated to the customer with appropriate notice or if the address provided was incorrect, then the customer will cover the costs of the unsuccessful delivery. The customer takes over the risk once he/she takes possession of the item.
Delivery and service delays due to acts of God are not the responsibility of BALANCED SOLUTIONS GMBH. Such events give BALANCED SOLUTIONS GMBH the right to delay a delivery for the period of disruption and an appropriate restarting period or to withdraw entirely or in part from non completed parts of orders. Acts of God include strikes, natural disasters, war, blockades, import and export restrictions and other national interventions regardless whether they occur at BALANCED SOLUTIONS GMBH or distributors of BALANCED SOLUTIONS GMBH.
In the case of effects of acts of God which will cause a delay of a delivery, we will of course inform the customer without delay.
PAYMENT AND LATE PAYMENTS
All product prices at BALANCED SOLUTIONS GMBH are gross prices, include the current rate of VAT. The prices stated at the time of the order including sales tax.
The retail price is payable upon placement of an order.
The customer can pay the purchase price by credit card, prepayment, Postfinance e-card and e-finance. The customer has the possibility at all times of requesting the BALANCED SOLUTIONS GMBH log-in data in order to follow up his/her order.
All of our deliveries and services occur under proprietary right. Until all the claims against the customer have been fully met, the delivered products remain the property of BALANCED SOLUTIONS GMBH.
The guarantee period is based on the legal regulations. This is 1 year and begins at the time the customer receives the product.
Claims against BALANCED SOLUTIONS GMBH which may go beyond guarantee claims based on a manufacturer’s guarantee are excluded in as far as this is legally permissible. Claims arising from a manufacturer’s guarantee can only be claimed by the customer against the manufacturer, who has provided the guarantee.
The guarantee is not valid against normal wear and tear caused by use of a product.
Should a defect in a purchased item be the responsibility of BALANCED SOLUTIONS GMBH, then BALANCED SOLUTIONS GMBH is entitled to choose either to provide a repair or remedy of the fault, or a replacement product. If BALANCED SOLUTIONS GMBH is unwilling or not able to repair the problem or provide a replacement or the time taken to carry this out is longer than the appropriate time period expected for reasons that fall within the responsibility of BALANCED SOLUTIONS GMBH or if the repair/replacement delivery is unsuccessful, then the customer is entitled to withdraw from his contract or to ask for an appropriate reduction of the purchase price.
If a warranty claim should occur on a product ordered online, the customer can return it to the contact address provided. Should it arise that the product does not have a fault that falls under warranty then BALANCED SOLUTIONS GMBH will bill the customer for any expenses incurred. The warranty is usually valid only for the original purchaser of the affected product and is not transferable.
Compensation for consequential damage (due to defects), as well as for any other damage to materials or financial loss and claims for damages by third parties against customers, are excluded, in as far as it is not a case of consumer business.
Claims by the customer other than the guarantee claims laid down in §7, especially damages claims, are excluded, in as far as this is legally permissible. Thus BALANCED SOLUTIONS GMBH accepts no responsibility for damage or harm not directly linked to the delivered object itself and especially not for loss of profit or other financial loss by the customer. In as far as the liability of BALANCED SOLUTIONS GMBH is excluded or limited, this also applies for the personal liability of employees, representatives or agents.
The liability limitation defined in § 8 sec.1 does not apply in as far as the damage/harm is the result of intentionality or gross negligence or personal injury has occurred.
BALANCED SOLUTIONS GMBH accepts no responsibility for the eventuality that the services offered from its website are not available without interruption nor for the conservation of stored data.
Amongst other sports, Windsurfing, Kiteboarding, Splitboarding, Surfing, Skiing, Snowboarding, Wakeboarding, Stand Up Paddling are extreme sports with extreme powers. Claims for damages to persons and other equpment, also in case of equipment failing, are excluded.
LINKS AND REFERENCES
The links to outside pages made by BALANCED SOLUTIONS GMBH are only signposts to these sites; therefore they are presented in specific browser windows by means of external links. BALANCED SOLUTIONS GMBH does not identify with the content of these pages to which reference is made and accepts no responsibility for them.
On ordering the customer is obliged to make truthful statements. In as far as there is a change in the customer’s data, especially names, address, e-mail address, telephone number, the customer is obliged to inform BALANCED SOLUTIONS GMBH of this change without delay by changing the information given. If the customer fails to give this information or provides false data from the outset, especially a false e-mail address, then BALANCED SOLUTIONS GMBH may withdraw from the contract, in as far as such a contract has been made.
FINAL PROVISIONS, APPLICABLE LAW AND JURISDICTION
Swiss law applies. Place of jurisdiction Küssnacht am Rigi
If any provision of the agreement concluded with the customer contract are void or invalid, the remaining provisions shall continue to apply. The contract is subject to Swiss law, excluding the CISG (United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 Convention).