Terms of Service

1. Internet – Contract formation

1. a) The execution of all orders issued to us via the Internet are subject to our Terms and Conditions below. These terms apply between the company SpaBalancer GmbH and private customers. You can download or print the text on your computer. Additional or alternative agreements are valid only if they are confirmed in writing. By order/the placing of an order, our terms are deemed accepted.

2. Warranty and Liability

2. a) If you prove evidence of defects in delivered goods, we will provide for its replacement or remedy of the defects in a timely manner. If we fail to do so, you have the right to cancel the purchase or receive a reduction on the purchase price. The warranty period lasts for 24 months. Further warranties are manufacturer-specific and are subject to the warranty of the manufacturer. Warranty issues that arise in this period will be settled by the company SpaBalancer GmbH, acting as the middleman.

The manufacturer warranties and conditions can be requested at any time at the company SpaBalancer GmbH and are enclosed with the respective deliveries. The warranty period is individually passed on by the company SpaBalancer GmbH as mediators of the manufacturer.

2. b) We are liable for damage caused by the violation of essential contractual obligations (cardinal obligations) or in the absence of guaranteed features. In addition, we are liable - regardless of what legal grounds - under the Product Liability Act or if the damage caused by us or our agents was due to gross negligence or intent.

2. c) We are liable in the event of a slight negligent breach of an essential contractual duty, most typically up to foreseeable damages, which usually does not exceed the purchase price of the goods ordered. Liability for all damages caused by slight negligence is limited to the damages done to the particular goods that were ordered.

2. d) We are not liable for damage caused by misuse of the product.

3. Right of Revocation

3. a) You have the right to cancel the contract within 14 days of receipt of the goods without giving a reason. In order to meet this deadline, it is sufficient to send us the revocation, or rather, the product back (E-mail is acceptable). If you have used the goods and the goods show signs of use, we reserve the right to charge you for the reduction in value and the value of the use of the goods. This can be up to 100% of the value.

3. b) The revocation must be sent in writing to:

SpaBalancer GmbH
DE 25469 Halstenbek
Gärtnerstrasse 90

3. c) Timely revocation ensures that you are no longer bound by contract to the company SpaBalancer GmbH. The company SpaBalancer GmbH will reimburse you after receipt of the goods at the company SpaBalancer GmbH in Halstenbek, provided the purchase price is already paid minus any depreciation in value of the returned product due to its usage. You are obliged to return the goods.

The company SpaBalancer GmbH bears the shipping costs of the return and selects the shipping method, as long as the revocation is received by us within 14 days from the receipt of the goods. If the end customer returns the items with a consignor not approved by the company SpaBalancer GmbH and without prior consultation with the company SpaBalancer GmbH, higher transport costs of return are possible and will be at the expense of the customer.

Furthermore, the end customer bears the return costs if the order does not exceed the sum of 40 Euros.

4. Delivery

4. a) We supply products plus shipping, subject to your choice, to all postal addresses in the Federal Republic of Germany. If you wish that the product be delivered to other countries, or if you select a specific shipping method, shipping costs may result which will be displayed for confirmation before the order is completed. Please accept the additional taxes and tariffs involved with shipments to foreign countries.

4. b) The service headquarters are at 25469 Halstenbek, Germany. We usually deliver our goods within a week. The delivery can be extended appropriately in special cases. The delivery time specified in the order acknowledgement are approximate dates, and are therefore not binding.

4. c) We are entitled to partial deliveries. If you have no interest in partial shipment, then please do not open the goods until the remainder of the delivery has arrived. If you open the goods, then you must bear the resulting loss in value in the event of a cancellation after the revocation period. We bear the resulting additional costs for partial deliveries.

4. d) In the event of default, we are entitled to the supply of equivalent or higher quality goods.

5. Terms of Payment

5. a) The delivered goods remain our property until full payment.

5. b) We can only accept the modes of payment defined or offered in the order.

5. c) If you incur arrears despite a warning and deadline, we are entitled to charge interest at the rate of 5% above the base rate of the European Central Bank, unless lesser damage is proven.

6. Prices

6. a) Our prices are inclusive of German value added tax (V.A.T.), currently at 19%.

6. b) Our information about products and prices as part of the order process are non-binding. In the case of a price change, you are entitled to the cancellation of the contract of purchase.

7. Privacy Policy

7. a) The customer authorizes the company SpaBalancer GmbH and agrees therewith, that the company processes, saves and evaluates data about the client in connection with the business relationship involved, in line with data protection laws.

7. b) The company SpaBalancer GmbH collects and uses the personal information of customers to process orders and any complaints.

7. c) The company SpaBalancer GmbH does not give personal customer data to third parties. Service partners may be excluded, as they require the transfer of data to process your order. In these cases, the amount of transferred data is limited to the minimum necessary.

7. d) The customer has a right to disclosure and a right to rectification, blocking and deletion of their stored data.

8. Performance and Jurisdiction

8. a) German law applies to the exclusion of the CISG, even when ordered from or delivered to foreign countries. If your residence or usual residence is located abroad, Hamburg is the jurisdiction for all claims relating to your order. We are entitled to take legal action on your jurisdiction. In the event of a legal dispute please refer to this contact address: Company SpaBalancer GmbH, Gärtnerstrasse 90, DE 25469 Halstenbek.

8. b) You have the right to a compensation or reduction only if your counterclaims have been legally established or if we have accepted them in writing. You are only entitled to withhold payment if the claims are based on the same contractual relationship.

9. Severability

Should any part of a contract under these conditions become invalid, the validity of the remaining provisions will remain unaffected.

Direct contact

SpaBalancer GmbH
Gärtnerstrasse 90
DE-25469 Halstenbek

Tel: +49 (0)4101-37 444 80
Fax.: +49 (0)40380 17862026