Terms and Conditions

General terms and conditions of business

Access to this website and use of the information on it is subject to these Terms of Use. You should read these Terms of Use carefully. By continuing, you will be deemed to have agreed to these terms.

  1. scope

These General Terms and Conditions (“ GTC ”) apply to all contracts that we (Balloons.de) conclude with consumers via our online shop “Balloons.de”. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

  1. conclusion of the contract

2.1 The goods offered in our online shop are subject to change and do not constitute offers in the legal sense.

2.2 The contract is concluded via the online shopping cart system as follows:

(a) The goods intended for purchase are placed in the "shopping cart". This process is non-binding and does not constitute a contractual offer. You can access the "shopping cart" using the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, the order data will finally be displayed as an order overview.

(b) If you use an instant payment system (e.g. PayPal, Sofortüberweisung) as your payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

(c) Before submitting the order, you have the opportunity to check the details in the order overview again, to change them (also via the "back" function of the Internet browser) or to cancel the order.

(d) By submitting the order via the corresponding button (“Order with payment”), you submit a binding offer to us to conclude a purchase contract.

(e) After placing your order, you will receive an automatically generated email from us confirming receipt of your order and containing its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of the contract. A contract is only concluded when an order confirmation is sent or when the goods are delivered within two days. If you have paid by PayPal, credit card, instant bank transfer, advance payment, Giropay, Apple Pay or Google Pay, the purchase contract is concluded upon successful completion of the order process.

2.3 You can save or print these Terms and Conditions at any time by clicking on the "Save" or "Print" button at the bottom of this page. The contract text remains saved after the contract has been concluded and is accessible to you. You can also save and/or print the contents of your order immediately after placing your order and view it at any time later using the "My Account" function. We will also provide you with the contract terms, including these Terms and Conditions, in text form after you have placed your order, or at the latest when the goods are delivered.

2.4 The information you provide when ordering or registering in the online shop (e.g. name, address, email address, bank details, etc.) must be truthful. We must be informed of any changes immediately.

2.5 The contract language is exclusively German.

2.6 We only deliver our goods to customers within the Federal Republic of Germany.

  1. Individually designed goods

3.1 You will provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by email immediately after the contract has been concluded. Any of our specifications regarding file formats must be observed.

3.2 You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all claims made by third parties in this context. This also applies to the costs of the legal representation required in this context.

3.3 We do not check the transmitted data for accuracy and therefore assume no liability for errors.

3. Online shop prices

The prices stated in our online shop are total prices and include statutory sales tax.
  1. payment

Payment is generally made at your discretion via PayPal, credit card, instant bank transfer, advance payment, Giropay, Apple Pay, Google Pay, direct debit or invoice in advance. If we become aware after conclusion of the contract that payment of the purchase price is at risk due to a lack of performance, we are entitled to demand advance payment or, if we have unsuccessfully set a deadline for payment of the purchase price, to withdraw from the contract. However, you have the right to avert these consequences by providing security.

  1. Special agreements on payment methods offered

6.1 When paying by SEPA direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

6.2 The direct debit will be collected within one to two days after the contract is concluded. The deadline for sending the pre-notification is reduced to five days before the due date.

6.3 You are obliged to ensure that there are sufficient funds in the account on the due date. In the event of a direct debit being returned due to your fault, you will be responsible for the bank fee incurred.

  1. Delivery

7.1 We are entitled to make partial deliveries to a reasonable extent.

7.2 In the event of non-availability of the ordered goods for reasons beyond our control as a result of late or incorrect delivery (including delivery of short quantities) by our (sub-)supplier despite a delivery contract concluded between us and the (sub-)supplier for the ordered goods, we reserve the right not to deliver. In this case, we undertake to inform you immediately of the non-availability of the ordered goods and to immediately refund any consideration (payments) already received from you.

7.3 Delivery will take place within the delivery period specified for the respective product.

  1. Right of Withdrawal for Consumers

cancellation policy

right of withdrawal
8.1 Orders can be changed or cancelled up to 24 hours before the scheduled delivery date for Berlin.

8.2 To change or cancel your order, please contact the Balloons Customer Service team Monday to Sunday from 9:00am to 6:00pm.

8.3 You are entitled to cancel a payment at any time if your credit or debit card has been used fraudulently by someone other than you or acting on your behalf or as your agent. In such event, you will be entitled to have the relevant amounts re-credited by us, unless such amounts are refunded by the card issuer in such cases.

  1. exclusion of the right of withdrawal

9.1 According to Section 312g Paragraph 2 of the German Civil Code (BGB), there is no right of withdrawal for contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

  1. retention of title

The delivered goods remain our property until they have been paid for in full.

  1. warranty rights

11.1 The statutory provisions apply.

11.2 In addition to the statutory requirements, the requirements set out in Section 12 shall apply to claims for damages due to a defect in the goods.

11.3 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the carrier as soon as possible. If you do not do this, this will have no effect on your statutory warranty claims.

  1. damages

12.1 We are liable for damages - regardless of the legal basis - in the event of intent and gross negligence. In the event of simple negligence, subject to statutory limitations of liability, we are only liable (a) for damages resulting from injury to life, body or health; and (b) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to the damages foreseeable at the time the contract was concluded and typical for the contract.

12.2 Any liability due to fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk, under the Product Liability Act and other mandatory statutory provisions remains unaffected.

12.3 The above exclusions or limitations of liability also apply to third parties and in the event of breaches of duty by persons (including in their favour) whose fault we are legally responsible for.

  1. data protection

We process your personal data in compliance with the statutory provisions. Further details can be found in our data protection information at https://balloons.de/datenschutz .

  1. Applicable Law

The law of the Federal Republic of Germany applies. To the extent that mandatory statutory consumer protection regulations in your country of residence contain more advantageous provisions for you, these provisions shall apply regardless of your choice of German law.

  1. Final Provisions, Dispute Settlement

15.1 This contract contains all agreements made between the parties regarding the subject matter of the contract. There are no oral side agreements.

15.2 The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/ .

15.3 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.