SCOPE OF APPLICATION

Surfdeal.ch is an offer from BALANCED SOLUTIONS GMBH. The following General Terms and Conditions apply exclusively to the business relationship between BALANCED SOLUTIONS GMBH and the customer from 1 January 2016, irrespective of the means of communication used.

The customer recognises the exclusive validity of the General Terms and Conditions of BALANCED SOLUTIONS GMBH for the entire business relationship. BALANCED SOLUTIONS GMBH does not recognise any deviating terms and conditions of the customer unless the management of BALANCED SOLUTIONS GMBH has expressly agreed to their validity in writing. If the customer enters into a business relationship with BALANCED SOLUTIONS GMBH by using the website, the customer recognises the GTC as the basis for the entire business relationship between the customer and BALANCED SOLUTIONS GMBH.

CONCLUSION OF CONTRACT AND CANCELLATION

The presentation of the products in the online shop does not constitute a legally binding offer, but a non-binding online catalogue. By clicking on the "Buy now" button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of the order follows immediately after sending the order by an automated e-mail and does not yet constitute acceptance of the contract. The contract is only accepted when you receive an e-mail from us confirming the dispatch of the goods or the order. We can accept your order within two days.

If we are able to accept the offer or if certain products in the order are no longer available, the customer will be informed immediately.

BALANCED SOLUTIONS GMBH is entitled to withdraw from the contract in the event of typing, printing or calculation errors on the website.

All offers are valid while stocks last. If our supplier does not supply us with the ordered goods despite contractual obligations, we are also entitled to withdraw from the contract. In this case, the customer will be informed immediately that the ordered product is not available. The purchase price already paid will be refunded within 14 working days (whereby Saturday does not count as a working day) or offset against other goods on request. We may withhold the refund until we have received the goods back or until the customer has provided us with proof that the goods have been returned, whichever is the earliest.

DELIVERY

Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer.

The risk is transferred to the customer when the goods are handed over to the customer.

BALANCED SOLUTIONS GMBH is not responsible for delays in delivery and performance due to force majeure. Events of force majeure authorise BALANCED SOLUTIONS GMBH to postpone the delivery for the duration of the hindrance and a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. Force majeure includes strikes, natural disasters, war, blockades, export and import bans and other sovereign interventions, regardless of whether they occur at BALANCED SOLUTIONS GMBH or at a supplier of BALANCED SOLUTIONS GMBH.

We must inform the customer immediately of the occurrence of an event of force majeure that will hinder an imminent delivery.

DUE DATE AND PAYMENT, DEFAULT

All product prices of BALANCED SOLUTIONS GMBH are gross prices, include the statutory VAT of the respective country and are shown in the specified currency. The prices are valid at the time of the order including VAT. The purchase price is due immediately with the order.

The customer can pay the purchase price by credit card, prepayment, PayPal and Postcard or PostFinance e-finance. The customer has the option of requesting BALANCED SOLUTIONS GMBH login data at any time so that he can track his order.

RETENTION OF TITLE

All our deliveries and services are subject to retention of title. The delivered goods remain the property of BALANCED SOLUTIONS GMBH until all claims against the customer have been settled in full.

WARRANTY

The warranty period is in accordance with the statutory provisions. This is 1 year and begins from the time of receipt of the goods.

Claims against BALANCED SOLUTIONS GMBH arising from a manufacturer's warranty that may go beyond warranty claims are excluded to the extent permitted by law. The customer is only entitled to claims under a manufacturer's guarantee against the manufacturer who has promised the guarantee.

The warranty does not cover normal wear and tear or wear and tear through use.

If there is a defect in the purchased item for which BALANCED SOLUTIONS GMBH is responsible, BALANCED SOLUTIONS GMBH is entitled, at its own discretion, to remedy the defect or make a replacement delivery. If BALANCED SOLUTIONS GMBH is not prepared or not in a position to rectify the defect/replacement delivery or if this is delayed beyond a reasonable period for reasons for which BALANCED SOLUTIONS GMBH is responsible, or if the rectification of the defect/replacement delivery fails in any other way, the customer is entitled, at his discretion, to withdraw from the contract or to demand a corresponding reduction in the purchase price.

If a warranty claim arises for a product purchased in the online shop, the customer may return the goods to the contact address provided. If it turns out that there is no defect covered by the warranty, BALANCED SOLUTIONS GMBH will charge the customer for the costs incurred. The warranty is usually only valid for the first purchaser of the product concerned and is not transferable.

Compensation for consequential (defect) damage, as well as other material damage, financial loss and damage to third parties against the customer, unless it is a consumer transaction, is excluded.

LIABILITY

Further claims of the customer against BALANCED SOLUTIONS GMBH other than the warranty claims regulated in § 7, in particular claims for damages, are excluded to the extent permitted by law. BALANCED SOLUTIONS GMBH is therefore not liable for damage that has not occurred directly to the delivery item itself and in particular not for loss of profit or for other financial losses of the customer. Insofar as the liability of BALANCED SOLUTIONS GMBH is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

BALANCED SOLUTIONS GMBH is not liable for ensuring that the services offered by its website are accessible without interruption or that stored data is preserved.

Balanced Solutions GmbH accepts no liability for any dangers arising from the risks involved in practising the sports. Windsurfing, stand up paddle, skateboarding, wakeboarding, waterskiing, snowboarding and skiing are extreme sports involving extreme forces. Balanced Solutions GmbH accepts no responsibility for accidents caused by material defects.

LINKS AND REFERENCES

The links set by BALANCED SOLUTIONS GMBH to external sites are only signposts to these sites; they are therefore displayed in separate browser windows by means of external links. BALANCED SOLUTIONS GMBH does not identify with the content of the linked pages and accepts no liability for them.

INFORMATION OBLIGATIONS

The customer is obliged to provide truthful information when placing an order. If the customer's data changes, in particular name, address, e-mail address, telephone number, the customer is obliged to inform BALANCED SOLUTIONS GMBH of this change immediately by changing the details. If the customer fails to provide this information or provides incorrect data from the outset, in particular an incorrect e-mail address, BALANCED SOLUTIONS GMBH can withdraw from the contract if a contract has been concluded.

FINAL PROVISIONS; JURISDICTION AND APPLICABLE LAW
These General Terms and Conditions and the Privacy Policy govern the contractual rights and obligations between Balanced Solutions GmbH and the customer. Should any provision of the contract concluded with the customer become void or legally ineffective, the remaining provisions shall continue to apply. The contract is subject to Swiss law to the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980).
The place of jurisdiction is Küssnacht (SZ)
Mandatory legal jurisdictions remain reserved.

Version 1.0 from 17:03:2016

Thank you for your interest in our website. The protection of your privacy is very important to us. Below you will find detailed information on how we handle your data.