General terms and conditions Online Shop
By submitting or placing an order you expressly declare that you accept these GTC.
1. Scope of validity and application
These "General Terms and Conditions Online Shop" (hereinafter referred to as "GTC Online") govern the rights and obligations in the relationship between Ballon Box Businger AG, 6312 Steinhausen (hereinafter referred to as "Ballon Box") and its customers. They apply to all business relations established via the online shop www.ballonbox-shop.ch, unless otherwise stipulated in other written agreements.
Should individual provisions of the Online Shop be ineffective or invalid, this shall not affect the validity of the remaining terms and conditions. The invalid provision shall be interpreted in such a way that it reflects the intended regulation as closely as possible.
Ballon Box reserves the right to amend or supplement the GTC Online at any time. The current version of the Online Terms and Conditions is available on the ballonshop.pangas.ch website.
2. Ordering and delivery
By placing an order in the online shop, the customer accepts the General Terms and Conditions Online of Ballon Box. Orders are always binding, are received exclusively electronically via the online shop and cannot be cancelled without the express consent of Ballon Box. The contract comes into effect with acceptance by Ballon Box, but at the latest with delivery to the customer. Conclusion of the contract and delivery shall always take place subject to availability and deliverability of the products ordered.
Ballon Box only delivers to addresses in Switzerland and the Principality of Liechtenstein. Products are generally dispatched by Swiss Post, while PanGas AG delivers gas bottles by truck.
In the absence of written confirmation to the contrary, the delivery times stated by Ballon Box are to be understood as indicative only. The delivery period is stated without guarantee. If delivery is delayed compared to a delivery date confirmed by Ballon Box in writing and binding, the customer may only notify Ballon Box of the delay after a period set in writing by Ballon Box of at least three weeks. The customer may only cancel the order after a further reasonable period of time has elapsed. In this case, Ballon Box shall only be liable to the customer for direct and immediate damages, if and insofar as it can be proven that the delay or impossibility of delivery was caused by a breach of contract due to gross negligence on the part of Ballon Box.
In the event of delivery problems as a result of circumstances over which Ballon Box has no influence (e.g. strikes, lockouts, material shortages, manufacturer malfunctions, transport problems), Ballon Box shall be entitled to cancel the order. Changes to and cancellation of orders at the request of the customer require the written consent of Ballon Box. Ballon Box shall be entitled to charge the resulting costs to the customer.
In the absence of explicit agreements to the contrary, Ballon Box shall be entitled to make partial deliveries.
Ballon Box shall charge a proportion of the costs of packaging and shipping for all consignments. The applicable regulations can be found on the shipping information page. This information forms an integral part of these GTC Online.
3. Product inspection and transfer of risk
The customer is obliged to check the products supplied by Ballon Box for completeness and correctness immediately after delivery or collection. Any damage, defects or complaints must be reported, in writing to the address of Ballon Box, without delay after discovery and at the latest within 5 working days.
If no complaint is received within 5 working days of receipt of the products, the delivery shall be deemed to have been made in accordance with the contract unless the defect could not be detected even by careful inspection.
On delivery of the goods, any damage occurring during transport or immediately identifiable missing quantities must be noted on the courier's receipt. Hidden damage occurring during transport must be notified to Ballon Box within 48 hours.
With the transfer of the products, the risks pass to the customer.
If products, for which the agreed delivery method is "collection", are not collected within the deadline, the products will be held for 10 days at the expense and risk of the customer and then shipped to the customer at his expense. With regard to the collection of gas cylinders, once 10 days have elapsed, no guarantee can be given of availability at the agreed place of collection. Any damage resulting from a delay due to collection after the deadline shall be borne by the customer.
4. Delayed acceptance of goods
If the customer fails to accept the ordered goods, Ballon Box may, at its own discretion, either demand the purchase of the goods and payment of the corresponding price, or forego delivery and demand, in addition to payment of the costs incurred (shipping costs, administrative fees), compensation for damages of no less than 20% of the total purchase price. In the case of special products, the full invoice amount is due. The shipping costs of the return are in any case borne by the customer.
5. Prices and offer
The prices quoted are primarily in Swiss francs and include 8% VAT and any advance recycling fees.
Ancillary costs, such as packaging and shipping costs, are not included in the prices and are to be borne by the customer. You can find the applicable shipping costs on the shipping information page. This information is an integral part of these GTC Online.
The right is reserved to change prices at any time, even without prior notice.
All offers are without obligation.
The published data are partly based on offers from suppliers and manufacturers. Ballon Box assumes no liability for their correctness. Figures may differ from the product.
6. Terms of payment
In the Ballon Box online shop, users have the option of electronic payment (Visa Card, Master Card, PostFinance Card/E-Finance) or payment on invoice.
If the amount paid is subsequently cancelled by the customer, it remains due to Ballon Box. In the event of payment on invoice after 14 days from the time of cancellation, the customer shall be in default even without a reminder. In this case Ballon Box may charge interest on arrears at a rate of 6%. In addition, Ballon Box shall be entitled to claim compensation for all reminder and collection costs, legal and court costs, and any damages incurred.
6.1 Payment against invoice with instalment facility (POWERPAY)
MF Group/POWERPAY, as a third-party service provider, offers the payment method "against invoice". Invoice order allows you to easily pay for your online purchase against invoice. If you do not make a payment within the given time frame, you will receive a monthly invoice with an order summary afterwards in the following month.
When the purchase contract is concluded, POWERPAY will take over the generated invoice credit and initiate the corresponding payment method. In the case of a purchase with an invoice, you accept thePOWERPAY GTC in addition to our own GTC. (powerpay.ch/en/agb).
7. Helium for balloons
Helium cylinders, gas cylinder holders, transport sets and filling taps are subject to a rental obligation. If the products are not returned by the due date, rental costs are generated and subsequently charged to the customer.
Helium canisters can be collected from the helium filling stations or are delivered to the customer by truck. In both cases, the cylinders must be returned in person (either to the collection station or to the truck driver).
The remaining contents cannot be refunded.
If the rented equipment is not returned even after a reminder, the customer will be invoiced.
8. Billing and right of retention
The customer is not entitled to offset any of his own claims against the claims of Ballon Box. Any right of retention on the part of the customer in respect of Ballon Box items is strictly excluded.
9. Retention of title
The delivered products remain the property of Ballon Box until Ballon Box receives the full purchase price in accordance with the contract.
10. Complaints, returns
Complaints must be notified in writing within 10 days of delivery of the product.
Exchanges and returns of products are only possible in the interests of fairness and with the consent of Ballon Box. Foil balloons and personalized products are generally excluded from the possibility of return or exchange.
Any return of products by the customer is at the expense and risk of the customer. Returns can only be accepted within 20 days from the date of invoice. The customer must first notify Ballon Box of the return. Returns or parts thereof not confirmed in advance by Ballon Box will be treated by the latter as disposal orders.
Products must be returned in the original packaging and accompanied by proof of purchase. Ballon Box reserves the right to return products with missing or unusable original packaging, as well as products that are no longer in perfect condition, to the customer at the latter's expense and risk.
The packaging is considered unusable if it is damaged, has writing on it or is unsaleable for other reasons.
Products that were sold more than 20 days ago, have already been used, have an expiry date that has already been reached or will expire within 180 days, or are unsaleable for other reasons are considered to be in poor condition. If Ballon Box nevertheless accepts the return of such products out of condescension, it will apply an appropriate reduction in the purchase price of no less than 30%.
11. Warranty
The Ballon Box warranty for products supplied by Ballon Box corresponds in full to the warranty provisions of the manufacturer or supplier. The customer waives further warranty claims against Ballon Box, with the sole exception that Ballon Box assigns to the customer its claims against the manufacturer arising from the latter's warranty.
Based on the respective warranty provisions of the manufacturer or supplier, the warranty is generally limited to the repair or replacement of defective products.
The warranty does not cover defects for which the manufacturer or Ballon Box is not responsible, in particular incorrect storage, failure to observe the operating instructions, natural wear and tear, incorrect handling, force majeure or similar reasons.
Warranty claims must be asserted against Ballon Box in writing immediately after discovery of the defect, enclosing the product in question, a detailed description of the defect and proof of purchase. Individual manufacturers or suppliers require that warranty claims be asserted with them. Warranty claims are handled in all cases in accordance with the procedures defined by Ballon Box and the manufacturers.
12. Liability
To the extent permitted by law, Ballon Box excludes liability for products sold and delivered.
Ballon Box shall only be liable for direct damage, and only if it is proven to have been caused by the gross negligence of Ballon Box or a third party commissioned by it. Liability is limited to the price of the delivery or service in question. Any further liability of Ballon Box, its vicarious agents and third parties commissioned by it for damage of any kind is excluded. In particular, the customer shall in no case be entitled to compensation for consequential damage. Ballon Box undertakes to assign to the customer any claims recognised by the manufacturer/supplier on the basis of the warranty.
Ballon Box expressly disclaims any liability for damage to persons and third-party objects resulting from improper handling of its products. In this regard, we would once again like to explicitly refer to our instructions and safety regulations.
All products are not suitable for children under the age of 3.
13. Electronic aids
With the online shop on the Internet, Ballon Box offers the possibility of accessing customer and order data as well as the possibility of placing orders. Ballon Box takes the utmost care to keep this data up to date, but accepts no liability for the correctness, completeness, transmission and usability of this data.
The customer undertakes to adequately protect the access data to the electronic systems of Ballon Box, such as usernames and passwords. The provision or disclosure of access data to third parties is expressly prohibited. The customer shall be directly liable for any damage incurred by Ballon Box or the customer as a result of improper protection of access data or their unlawful disclosure to third parties.
14. Data protection
Personal customer data is processed in accordance with the applicable data protection law. The data is treated confidentially and used exclusively for the fulfilment of the contractual relationship, for the processing of information requested by the user and, in anonymous form, for statistical purposes.
15. Transfer of rights and obligations
The customer may only transfer rights and/or obligations arising from individual contracts with Ballon Box to third parties with the prior written consent of Ballon Box.
16. Applicable law and place of jurisdiction
The contracts and GTC Online of Ballon Box shall be subject exclusively to Swiss law, to the express exclusion of the provisions of international conventions, in particular the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be, for both Ballon Box and the customer, the competent courts of Steinhausen or the Canton of Zug. Ballon Box shall also be entitled to sue the customer at any other legally competent court.
Steinhausen, 20.02.2021