Terms and conditions & Privacy

VALIDITY

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.

DELIVERY

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.

 

PROPRIETARY RIGHTS

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.

GUARANTEE

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.

DISCLAIMER

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.

INFORMATION OBLIGATIONS

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).

17.03.2016

V 1.0

Privacy

We’re pleased about your interest in our website. Protecting your privacy is very important to us. In the following, we will provide a detailed account of how we deal with your information.

 

Acquisition, processing and utilization of personal data

You can visit our website without submitting any information about yourself. We simply save access data to analyse and improve our offers and do not permit any connection to your person.

Personal data is only collected if you voluntarily provide us with it, while opening a customer account or registering for our newsletter. We use the personal details you’ve shared to complete your order. As a customer, your information is used for contract-completion and our own advertisement purposes. When you separately sign up for our newsletter, your email will be used for our own advertisement purposes until you opt out of the newsletter. You can opt out at any time without charge (not taking into account internet provision costs) by clicking “unsubscribe” at the end of any newsletter.

 

Distribution of personal information

Your personal data will be transferred to the relevant delivery organization, as far as this is necessary for the delivery process. In order to complete payments, we pass on your payment details to the relevant banking institution.

 

Right to information

You have the right to gratuitous information (per e-mail) regarding your personal and saved data, as well as the right to correct, inhibit, cancel or revoke any granted permissions. Please contact:

BALANCED SOLUTIONS GMBH

Luzernerstrasse 56

6403 Küssnacht am Rigi

Switzerland

Tel.: +41 (0) 77 4409690

 

Data Protection

During the ordering process, your personal information is encoded via “Secure Socket Layer” (SSL) and transferred through the Internet (excluding address transfer within newsletter subscriptions). We use a highly secure 128-Bit encoding system. Credit card details are not saved, but directly received and processed by our payment provider. BALANCED SOLUTIONS GMBH does have access to your details. We use both technical and organizational measures to secure our website and systems against data loss, destruction, access, manipulation or distribution by unauthorized persons. Access to your customer account is only possible by entering your personal password. Please keep your login details confidential at all times and always close your browser window once you have finished communicating with us, especially if you are using a shared computer.

 

Notice about E-mail advertisements

By separate registration for our newsletter, your e-mail address will be used for our own advertising purposes until you unsubscribe from the newsletter. You can unsubscribe at any time by clicking on the “Unsubscribe” link at the end of a newsletter, with no additional charge to the base tariffs of your Internet provider. As a newsletter subscriber, we will regularly send you carefully selected offers on related products from our online shop by e-mail. Your e-mail will not be given to other organizations. You can object to the use of your e-mail address for advertising purposes at any time by a simple unformatted e-mail, without incurring any additional costs to those of your Internet service provider.

 

The use of cookies

We use cookies on different sites in order to enhance the attractiveness of our website and enable the use of specific functions. These cookies are simple text files saved to your computer. They help to identify a user’s surf-behavior and thereby allow parts of the website to tailor specific information to the interests of the user. Most of the cookies we use will be deleted from your harddrive after you have ended your browser session (i.e. session cookies). Other cookies remain on your computer and allow us to recognize your computer when you next visit (i.e. permanent cookies). These cookies remember information so you do not need to re-enter information in forms. Our partner organizations are not authorized to gain, edit or use personal data through the use of cookies on our website.

 

Product recommendations by Criteo and Google

On this website, we use technologies by Google Inc. to collect and save anonymized information about the surfing behaviours of our visitors for marketing purposes. This data is saved by using “Cookie” text files on your computer. Under no circumstances can this data be used in order to personally identify any user of this website.

 

The saved data is strictly used to improve our offer. There is no further use or distribution of this data to third parties. You can object to this fully anonymous analysis of your surfing habits on this website by clicking on the following link: deactivate the Google-Service here.

 

Use of Facebook Social Plugins

This website uses so-called Social Plugins (“Plugins”) by the social network Facebook, which is run by the Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”). The Plugins are identifiable by a Facebook logo or the additional phrase “Social Plugin by Facebook” or “Facebook Social Plugin”.

An overview of the Facebook Plugins and how to recognize them is available here:

https://developers.facebook.com/docs/plugins/

 

When you open up a page on our website that contains such a plugin, your browser will create a direct connection with the Facebook servers. The contents of the plugin will be transferred directly to your browser and incorporated into the website you are viewing.

By using these plugins, Facebook receives notice that your browser has initiated the relevant page on our website, even if you do not own a Facebook account or are not currently logged in to your Facebook account. This information (including your IP address) is transferred straight from your browser to a Facebook server in the USA and saved there.

 

When you are logged into Facebook, Facebook can directly assign your visit to our website to your Facebook account. When you interact with these plugins, for example by clicking on a “like” button or by submitting a comment, this information is also directly transferred to a Facebook server and saved there. This information is then also automatically published on Facebook and displayed to your Facebook friends.

 

Facebook can use this information for advertising purposes, market research and to tailor the appearance of Facebook pages to a specific user. To do this, Facebook creates profiles for usage, interests and connections. For example, this could be used to rate the usage of our website on account of Facebook adverts, to notify other Facebook users of your actions on our website and for other services that are associated with the use of Facebook.

 

If you would not like Facebook to associate the data collected from your visit to our website with your Facebook account, you need to log out of Facebook before visiting our website.

 

For the purpose and scope of data usage and further processing and use of information by Facebook, as well as your relevant rights and privacy & security options, please refer to Facebook’s privacy policy:https://www.facebook.com/policy.php

 

Use of Google Analytics

This website uses Google Analytics, a website analysis service provided by Google Inc. (“Google”). Google analytics uses so-called “cookies”, in the form of text files saved to your computer in order to enable an analysis of your use of the website. The information generated by the cookie about your use of this website is normally transmitted to a Google server in the USA and stored there. In the case of the IP-anonymization on this website being activated, your IP address will however be shortened by Google beforehand within the member states of the European Union or in other signatory states to the European Economic Area Treaty. Only in exceptional cases will the complete IP address be transmitted to a Google server in the USA and shortened there. Acting under the authority of this website operator, Google will use this information to evaluate your use of the website, to compile reports about the website activities and to provide further services for the website operator linked to the use of the website and the internet. The IP address transmitted from your browser within the parameters of Google Analytics will not be merged with other Google data. You are able to prevent the storage of the cookies by appropriate adjustment of your browser software. However, we should point out to you that in this case you may be unable to use the full range of functions of this website.

 

Furthermore you can prevent the collection by Google of the data (including your IP address) created by the cookie and relating to your use of the website, as well as the processing of these data by Google by downloading and installing the browser plug-in which is available through the following link: https://tools.google.com/dlpage/gaoptout?hl=en

 

Links to other websites

On our website, you will also find links to other websites. We specifically do not hold any kind of liability for the accuracy, completeness, legality, objectivity and timeliness of the contents of these websites.