Terms and Conditions - General Terms and Conditions
1. Scope
These General Terms and Conditions (hereinafter “GTC”) of Lucky Balloon 4U GmbH (hereinafter referred to as “Seller”) apply to all contracts/orders for the delivery of goods that a consumer or entrepreneur (na(hereinafter referred to as “customer”) concludes with the seller regarding the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed. Definition: Consumer is any natural person who carries out a legal transactioncken completes, the predominancend cannot be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These General Terms and Conditions also apply to entrepreneurs for future business relationships, without us referring to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, we hereby object to their validity. These will only become part of the contract if we have expressly agreed to this.
2. Contractual partners & Conclusion of contract
The purchase contract is concluded with Lucky Balloon 4U GmbH. The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.
The customer can submit the offer using the online order form integrated into the seller's online shop. 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 regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also submit the offer to the seller by fax, post, email or telephone.
3. Contract language
Only the German language is available for concluding the contract. We save the contract text and send you the order details and our general terms and conditions by email. You can view the terms and conditions at any time here on this page. Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, 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. For security reasons, your past orders are no longer accessible via the Internet.
4. Delivery Terms & Returns
In addition to the stated product prices, shipping costs will be added unless otherwise stated. You can find out the shipping costs in our offers. You can also collect the goods from us. However, we generally ship via the shipping route. When processing the transaction, the delivery address specified in the seller's order processing is decisive. If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5. Payment
Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description. The following payment methods are generally available to you in our shop:
prepayment
If payment in advance is agreed by bank transfer, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date. The goods will only be shipped once payment has been received by Lucky Balloon 4U GmBh.
PayPal
As part of the PayPal payment service, we offer you various payment methods as PayPal Services. You will be redirected to the website of the online provider PayPal. There you can provide your payment details, confirm the use of your details by PayPal and the payment instruction to PayPal. If you have chosen the PayPal payment method, in order to be able to pay the invoice amount, you must be registered there or first register and authenticate yourself with your access data. The payment transaction is automatically carried out by PayPal immediately after confirmation of the payment order. You'll get more information during the ordering process.
If you select a payment method offered via the PayPal payment service, payment is processed via PayPal, although PayPal can also use the services of third-party payment service providers for this purpose. You will be redirected to the website of the online provider PayPal. There you can provide your payment details, confirm the use of your details by PayPal and the payment instruction to PayPal. If the seller also offers payment methods via PayPal in which he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of the assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, cancellation declarations and shipments or credit notes.
Credit card
If you have chosen the credit card payment method, please note that you will receive further information during the ordering process.
If you have chosen the direct debit payment method, you do not need to be registered with PayPal in order to pay the invoice amount. By confirming the payment order, you give PayPal a direct debit mandate. PayPal will inform you of the date of the account debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmationWhen the payment order is sent, PayPal requests its bank to initiate the payment transaction. The payment transaction will be processed and your account will be charged. You'll get more information during the ordering process.
6. Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
The following also applies to entrepreneurs: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.
7. Transport damage
The following applies to entrepreneurs:
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the freight carrier or the person or institution otherwise designated to carry out the shipment. The obligation to inspect and report complaints regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you fail to make the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not apparent during the inspection. This does not apply if we have fraudulently concealed a defect.
8. Warranty
Unless otherwise stated in the following regulations, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
- If the customer acts as an entrepreneur,
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the seller has the choice of the type of supplementary performance
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For new goods, the limitation period for defects is one year from delivery of the goods
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In the case of used goods, rights and claims due to defects are excluded
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The statute of limitations does not begin again if a replacement delivery is made within the scope of liability for defects.
The liability limitations and shortening of deadlines regulated above do not apply
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for claims for damages and reimbursement of expenses by the customer,
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in the event that the seller fraudulently concealed the defect,
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for goods that have been used for a building in accordance with their normal use and have caused its defects,
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for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
In addition, for entrepreneurs, the statutory limitation periods for any existing legal recourse claim remain unaffected. If the customer acts as a merchant within the meaning of § 1 HGB, he is subject to the commercial obligation to investigate and report complaints in accordance with § 377 HGB. If the customer fails to comply with the reporting obligations regulated there, the goods are deemed to have been approved.
If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
9. Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. Lucky Balloon 4U GmbH is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.