Conditions of Use

Our general terms - delivery and payment.
The following terms and conditions apply exclusively to all legal transactions.
All agreements and / or deviations require written form in order to be effective.
Our prices are inclusive of applicable VAT.


§ 1) Shipping and payment

The following payment methods are available from our online shop:
- Prepayment
- Bill
- Cash
- Direct debit
- Credit card payment
- PayPal Payment

The following delivery methods are available from our online shop:
- Post
- Post Express
- DPD
- DPD Express
- GLS
- Hermes
- Balloon supermarket - Delivery
- Helium Express

For customers in the EU territory outside Germany are only prepaid order, PayPal and credit card payment and delivery methods Post-DHL, GLS available.

The charge of your account is in debit after delivery of the goods, if you pay by credit card via PayPal and your account will be debited to your agreement with your bank.


§ 2) Conclusion

By clicking the button "Order" in the last basket page, enter a binding order in the basket of goods. The confirmation of the order follows immediately after sending the order. The purchase comes with the receipt of order confirmation.
We store your order information and send them to you together with our terms and conditions via e-mail. The terms and conditions at any time you can also see here:
http://www.ballonsupershop.de/shopdata/terms.shopscript
Your order information may be found at the link that will be sent with your order confirmation.

Special provisions
The purchase on account is only for customers over 18 years. Furthermore, the purchases on account and debit only a particular customer group is granted. The delivery address, home address and billing address must be identical.

 

We do not accept the payment "invoice" or "debit" for certain orders please the customer instead to refer  wholly or partially to other forms of payment (credit card, advance payment). This particularly applies to initial orders. The invoice amount is due upon receipt of invoice. When paying via direct debit the account and examine and evaluate the data given by the customer and maintain legitimate reasons for exchanging information with credit reporting agencies. Using a debit card with unauthorized debit chargeback, we charge 10 - € handling fee. If the buyer defaults, then we are entitled to charge interest at a rate of 5% above the Deutsche Bundesbank announced base interest rate p.a. to demand. If we delay, a higher damage was detected, we are entitled to claim it.
By paying via invoice with paymorrow the ordered articles will be shipped together with the invoice to the customer. The purchasing prise has to be payed within 30 (thirdy) calendar days after the invoice date.


§ 3) Delivery

Unless otherwise agreed, the delivery from warehouse to the customer's delivery address. Information about the delivery deadline is not binding.
Orders received by 11°° Clock, most possibly will be sent at the same day (Mondays, Wednesdays, Thursdays, except on Fridays (Holidays), or the following day and delivered to the respective delivery service. Orders received after 11°° Clock will be sent on the same day, or on the following day and delivered to the delivery services.
Express deliveries are available at the next business day, unless you have given the order to a special date.  We assume no warranty for any breaches of delivery services.

Orders by prepayment will be processed after receipt of payment. Express deliveries are therefore not possible by the condition of prepayment!


§ 4) exceptions to the contract

If there are one or more items not in stock, or are temporarily out of stock, we will notify you promptly in order to find an alternative product choice or change to predetermined deadlines in consultation. If a prior excessive demand has taken place on certain items and the date of this order can not be fullfilled, we can not make any guarantee for the delivery of sold-out and non-stock items.


§ 5) Desired delivery date

In the order process you can enter a desired delivery date!
Unfortunately we can not guarantee the normal shipping route that your order arrives exactly to your desired delivery date! A package from Hamburg to Munich, for example, is sometimes the next day at the destination, but sometimes after 3 days. This depends on the logistics of the respective services providers and is outside our control. You have the right by too late arrival to send the items back, and we will refund the purchase price less any shipping costs.
When you order a delivery for the normal shipping route and specify a desired delivery date, we bring to the delivery a sticker with the text:
Surprise! Please open only at this date.
If you want to achieve an accurate delivery to the desired delivery date, please order via express delivery or
DPD in Germany.


§ 6) any warranties

- Warranty claims lapse because of obvious defects, if the buyer in writing within 8 days since delivery complains.
- As a guarantee to the buyer initially promised free replacement.
- The replacement or repair should not be shown to occur within a reasonable time, or have failed, despite two attempts, the buyer has the right to lust after his election loss of the purchase price or rescission of the contract.
- When using our warranty please provide evidence that the purchase was purchased from us.

- The warranty does not apply to damages caused by improper handling,
Violence and foreign intervention in the purchased goods by unauthorized persons.
- Compensation for consequential damages, except in cases of intent or gross negligence.
Information about any manufacturer's warranties, please see the product documentation (warranty card). For each item we sell is the manufacturer's guarantee. This means that the item can be claimed for any repairs during the warranty period for the manufacturer. With a legitimate warranty claim we will refund the shipping costs.
Filled balloons are not returnable.
Unfilled balloons, which were filled by the customer, are not returnable. *
Balloon gas tanks and gas cans are not returnable if the seal has been damaged or removed. **
Helium-filled "balloons with music module" can not be returned. ***
Balloon gas tanks: 1L - 50L can not be returned if the seal has been damaged or removed. ****
Complaints about a supposedly non-sufficient amount (quantity of the item description) helium balloon gas are excluded in case of the client application error and the resultant loss of helium. *****
Disposable helium tanks can not be returned. ******

* Complaints about balloons, which were filled in by customers are excluded, since a proof is not given on the proper handling when filling the balloon and damage being caused. Latex balloons are natural products that need to be environmentally friendly bio-degradable, so the natural consistency can always occur even sometimes in minor damage.

Preventive very automatically receives the customer additional spare balloons added to the ordered quantity. In most cases, however, improper use and storage may be the cause of damage during inflation of a balloon.

Non-compliance with the prescribed size, wrong temperature of the balloon, and an omission of required pre-treatment (warming and kneading of the balloon to the corresponding smoothness) are almost always the reason for a collapse or bursting of the balloon during and after filling with air or helium. For foil balloons is the only justification for a burst (even minor damage to the seams), trapping and non-compliance with the precautions. In almost all cases, a foil balloon is defective when it is filled with cold helium, which expands to fill the need and cause damage. However, if there is a reasonable suspicion that the goods had been damaged previously (manufacturing fault) an unconditional proof by sending the defective product must be kept. For possible losses on helium foil balloon verifiable manufacturing defects, we assume no liability. We ask the customer, he should receive a defective foil balloon with its delivery to explore further foil balloons before inflation accurately.
** Complaints of balloon gas in cans:

We only deliver balloon gas cans, which are fitted from the manufacturer, factory, with a seal! This seal prevents the previous consumption of balloon gas by unauthorized persons. The manufacturer guarantees a corresponding gas can with the correct helium content.

 
**** Balloons & Helium sets, and helium tanks are also excluded, since a close examination of the contents after return is not possible, or an analysis of whether the returned purity of helium corresponds to that which was delivered, the actual value of the article many times would exceed. The containers are emptied after each shipment and rinsed to another, following consumers and customers to guarantee the highest possible purity.
***** Dear Customer, you receive a balloon gas tank capacity proofed by 2 different companies and 4 different people have 4 times checked the correct content! Checks: 1x when filling in the bottling plant, leaving the filling station 1x, 1x at the entrance to the warehouse, 1x in the shipping department. For added security against foreign consumption of container with a security seal or adhesive tape shall be protected! A mistake here is completely excluded. If you do not get along with the quantity delivered, this is solely due to misuse on your part.  A subsequent payment for a supposedly non-sufficient amount of helium is excluded entirely and will not be accepted by us! With this determination, and your agreement to our terms in the order you have accepted the above scheme concerned. We urge you to read the instructions carefully for application errors that lead to the loss of helium. With your agreement to these terms, you also expressly agree to the instructions and application requirements, which accompany each package to read in any case.
****** Not disposable helium tank can be sealed. It is therefore not verifiable, not whether a customer has already ordered will receive a container, has already taken or helium. To protect our customers from purchasing an empty, half-empty or not completely filled disposable helium tanks, we have to exclude the exchange of helium-returnable bottles.


§ 7) Color variations

V
ariations of colors in photographs compared by the product may be different. Complaints due to color variations are therefore not possible.
A right to offset the buyer only if his counterclaims are legally established or recognized by us. He is also the right of retention only insofar as his counterclaim is based on the same contractual relationship.


§ 8) helium tanks, and inflators

Helium tanks and valves are issued only on loan. As security for items awarded either a prepayment or a debit authorization is required.

Damage:
If we determine, in returning the valve is damaged, which is caused by improperly use, or by improper influence of another kind, we charge for a defective rubber tip valve 12 - € and for a completely defective valve 50 - € . For damaged balloon gas tanks, we charge according to size and wear, between 75th - € 250, - € per cylinder.



§ 9) Insured / Uninsured Shipping:

Under the link "Shipping Information", the customer has the opportunity to learn about shipping costs for the respective suppliers. Here the customer experiences based on the shipping rates, which assures delivery by mail, or are uninsured. To conclude, even for small amounts and short order a shipping insurance may, however, the customer has the opportunity to decide for an insured shipping. Then apply the policy conditions of the suppliers, which can also be seen by the customer at the shipping information. For uninsured shipping is at the risk of the delivery balloon supermarket.


§ 10) Retention of title

Until payment of goods, goods remain in the property of the company.


§ 11) Withdrawal

Consumers have a right to cancel orders.

**** **** Revocation

You may revoke your contractual declaration within 14 days without giving reasons in writing (eg letter, fax, e-mail) or by returning the goods if the nature and condition of the order not to customer specifications, or personal needs are aligned. (See: Exclusion of withdrawal) The period begins the day after receipt of this notice, if you have to get all this time after the remote trading law are met and all necessary information for electronic commerce-specific duties. With a delivery of goods, the period begins the day after receipt of the thing to run when you have received this instruction at this time and the aforementioned obligations are met. Only if not shipped by parcel post (eg bulky goods) you can return by the return request in written form, eg explain by letter, fax or e-mail. The revocation period is sufficient to send the goods or the return request. The revocation must be sent to:

Balloon supermarket, Simone Daniela hacker, swords Str.157, 58099 Hagen
Email: ballonsupermarkt@aol.com
Fax: 02331-630943

Consequences

In the case of an effective withdrawal, the mutually received benefits and any benefits (eg interest) surrendered. Can you give us the received achievement totally or partly or only in deteriorated condition, you must pay us compensation for the value. With the release of things this does not apply if the deterioration is exclusively due to their inspection - as they would in a retail store - is due. In addition, you can avoid paying compensation by not using the goods as your property is in use and omitting everything, which impairs their value. Transportable items are to be returned. You have to bear the cost of return shipment if the delivered goods ordered and if the price returned the case of an amount not exceeding 40 euros or if you are at a higher price the thing is not at the time of full payment or a contractually agreed part payment provided. Otherwise, the return is free for you. Not parcel things do you pick. Obligations to make payments they must meet inerhalb 30 days after sending your revocation.

Exclusion of revocation

The revocation does not apply to distance contracts for the delivery of goods which are produced according to customer specifications or clearly tailored to personal needs or which are not due to their condition suitable for a return or spoil quickly or whose expiration date has passed, for the delivery of articles Kontrollplombe been removed or whose seal is damaged or the supply of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer or the delivery of newspapers and magazines. Balloons and helium into sets, and will be charged extra for the customer-made according to customer specification especially helium balloons processed and shipped. With helium-filled balloons are excluded from cancellation. Helium in bottles and containers with more than 9 liters may be revoked if the Kontrollplombe was not damaged as subject delivery and return of these containers to specially regulated legal requirements, specific requirements and delivery conditions, the cost of outgoing and returning the revocation.

§ 12) Shipping Complaints

The client or recipient must report no later than one externally visible damage upon delivery of the consignment, a not externally visible damage within 8 days after delivery, each with clear labeling of the damage. Otherwise it is assumed that the damage was not present at delivery. A total loss or a duration exceeding the standard must be notified immediately and not later than a written complaint within 3 weeks after the control period. After that, all claims for total loss or delay in maturity are excluded. A written proof of delivery with the signature of the recipient does not release our delivery services from liability for total loss. Anliefernachweis as well as the signature of a receiver in digital form and their reproduction is recognized. We are liable for damages for breach of essential contractual obligations (cardinal obligations) or in the absence of warranted characteristics. In addition, we are liable - on whatever legal grounds - only for the Product Liability Act, or if the damage caused by us or our agents was caused by gross negligence or willful misconduct. A liability for specific dates or deadlines, success and failures lost event sequence is excluded.


§ 13) Privacy

We use your data exclusively for processing your order. Customers will be in compliance with relevant regulations of the Federal Data Protection Act (Act) and the Teleservices Data Protection Act (TDDSG) and processed by us. When registering for our newsletter, we will save your e-mail address for the purpose of advertising to unsubscribe from the newsletter. We share your personal data including your home address and e-mail address without your explicit and revocable consent to third parties. Excluded from this are our service partners who need to process the order transmission of data (with the supply shipping company responsible for, the staff responsible for processing payments .. limited in these cases, the volume of data transmitted is kept to the minimum required. Unless you are using pay in advance, PayPal payment or credit card is done, to protect our legitimate interests for the purpose of credit assessment if the disclosure of your name, address and date of birth on the BÜRGEL Sued GmbH & Co KG, HRA 99 11 (Kaiserstr. 55, 63067 Offenbach). You always have a right to free information, correction, blocking and deletion of your stored data. Please contact
ballonsupermarkt@aol.com or send your request by mail or fax.
To rate the liability risk and for the credit check paymorrow or partner companies commissioned by paymorrow transmit eventually the address data in compliance with the law and protection of your interests to credit agencies if payment via invoice with paymorrow is selected. Information about your previous payment behavior is coming from the following credit agencies, which store the data for handing out the information:

Bürgel, Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, D-22761 Hamburg,
Tel.: +49 (0) 40 - 89 80 3 – 0, Fax: -777

CEG, Creditreform Consumer GmbH, Hellersbergstr. 11, D-41460 Neuss,
Tel.: +49 (0)2131-109-501, Fax: -557

DeltaVista, Deltavista GmbH, Freisinger Landstr. 74, 80939 München,
Tel.: +49 (0)89 - 7244880, Fax: - 22

paymorrow or partner companies retrieve credit information for the credit check which is based on mathematical statistical methods from the listed institutes. For these cases you agree to the transmission of your first and surname, street, house number, postal code, city, your birthday and telephone number to the listed institutes. paymorrow ensures that the partner companies and the listed institutes only compute and use your data exclusively for the purpose. All credit checks are done to exclude difficulties in the payment process. The data exchange between paymorrow, partner companies engaged by paymorrow and other economy information service provider protects online trading from the damage which influences retail prices in a long-term way. This way you as an end customer profit from the check of the customer data for this purpose.

Agreement for identity check:

When purchasing via invoice via paymorrow GmbH you agree that your personal data is sent to SCHUFA (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden) for identity check and after that SCHUFA transmits the grade of correspondence of saved personal data with the personal data you specified in percent and eventually a comment about previously done check of legitimation via personal id by SCHUFA or another contracting party back to paymorrow GmbH. This way paymorrow GmbH can recognize via transmitted correspondence rates, if a person with address you specified is stored in the databases of SCHUFA. Other data exchange than this or transmission of deviant addresses or saving of your data in databases of SCHUFA doesn't take place. Only the fact that the address was checked is saved at SCHUFA.


§ 14) Orders from abroad

We deliver to EU countries and Switzerland. The shipping costs for this can be in the order in shopping cart. The shipping costs for islands on request. Payment of the invoice amount is possible only by credit card, PayPal payment or payment in advance. In the case of an exchange or a return, the buyer bears the outward and return postage costs. The German VAT i.H.v. 16% not calculated if one exists UStID. The ordered goods are delivered and by when you must deliver the goods to be taxed in Switzerland or the duty paid. Incidental taxes are NOT included in the shipping and handling charge. For more information, visit: http://www.ezv.admin.ch/


§ 15) Applicable Law

For orders from Germany with delivery address in Germany, German law applies.


** Warranty **

The warranty is subject to legal provisions. Information about possible additional manufacturer's warranties, please refer to the product documentation

Customer service

You can contact our customer service for questions and complaints on weekdays from 10:00 clock
19:00 clock by phone: 02331-630947 or via email at ballonsupermarkt@aol.com


§ 16) External Links

All links to external sites have been checked before creating the page carefully. Potential violations were found at the time of linking. However, we have no control over the content of linked pages, this is the appropriate service provider. Illegal content should be available via the links, please send a message to ballonsupermarkt@aol.com. We will check this and remove the links if necessary.


§ 17) copyright

All graphics, images and text are subject to our sites to copyright protection. The rights for this has the exclusive owner of the company. We note that all graphics and photos contained a signature that can not be seen with the naked eye, can be uniquely identified by experts, however. Any reproduction or publication elsewhere is prohibited without express permission. Violators will be punished with pay warnings and criminal proceedings.

§ 18) Disclaimer

A liability for resulting property damage and personal injury that may arise with our products, we expressly exclude. We do our best to our customers as best as possible with safety regulations, air traffic regulations, licensing information, relating to supply the competent authorities and institutions. It can, however, arise at short notice with national or regional variations that contradict those recommended by us. We ask our customers to inform themselves in any case, even when competent local authorities and obtain information about whether the recommendations given by us and is accurate. We urge you to read the detailed safety regulations, warnings and recommendations for use in relevant articles. Acquire customers accept our products, with the approval of our Conditions of Use expressly to take over a complete ownership and a claim for compensation and all possible claims of victims and even pay any liability on our part, ruled in each case.

§ 19) Severability

If any provision of these terms and conditions be ineffective, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by one that comes closest to their sense