General Terms and Conditions

General Terms and Conditions

General terms and conditions of business and delivery

Ballhause, time for tea e.K.
Brandenburger Straße 8
14467 Potsdam
(hereinafter “the seller”)

§1 Scope of conditions

The offers, services and deliveries of the seller occur exclusively on the basis of these general terms and conditions of business and delivery. You have the choice to close the contract either in German or English language.

§2 Contract closure - package size - base price

1. All our prices include the legal value added tax for the specific product.

2. All prices on our web site (Online Shop) or on related internet-based platforms are special online prices and valid for Internet orders only. Please note that availability and pricing of the products in our retail shops may differ to the online pendants.

3. Time a contract is concluded: By verbal or eMail notification or by clicking the button “Buy”, the buyer is placing a binding order. The order is confirmed after it has been receiver by the seller. The contract is concluded with the receipt of the order confirmation or receipt of the invoice for an advance payment, or with the delivery of the goods.

4. Any additional agreements, changes or additions are valid only when confirmed in writing by the seller. The requirement of written form can likewise only be waived in writing.

5. Our usual package size is 100 grams. Accordingly, the first displayed price (“base price”) for comparison is 100 grams, too (as required by German Price Indication Regulations).

§3 Delivery, delayed delivery, acceptance

1. The delivery takes place as indicated on the ordered product, usually within 1-3 days.

2. The buyer may withdraw from the contract by written notice -including email- after 2 weeks, if agreed delivery dates are not complied with.

§4 Transfer of risk, shipping, packaging

National shipments (Federal Republic of Germany):

• 1. As of an order value of 20.00 Euro, shipping within Germany is free of charge.

• 2. Order values below 20.00 Euro are always shipped at cost (3,90 Euro).

• 3. For cash-on-delivery shipments we will add a cost compensation flat rate of 7.50 Euro.

International shipments will only be accepted to the following EU countries:

Austria • Belgium • Bulgaria • Czech Republic • Cyprus • Denmark • Germany • Estonia • Finland • France • Greece • Hungary • Ireland • Italy (without Vatican City) • Latvia • Lithuania • Luxembourg • Malta • Netherlands • Poland • Portugal • Romania • Sweden • Slovakia • Slovenia • Spain • United Kingdom

• 1. As of an order value of 20.00 Euro, we will add a cost compensation flat rate of 9.20 Euro.

• 2. Order values below 20.00 Euro are shipped at 12.90 Euro incl. VAT.

§5 Payment

1. For orders via our Internet shop, the buyer can choose between several methods of payment as follows: Purchase on account - payment within 30 days the from invoice date (through our service partner Paymorrow GmbH), PayPal, credit card (through our service partner PayPal), instant bank transfer, advance payment, cash on delivery (additional cod charges to be borne by the buyer). If the buyer chooses to pay by credit card, the credit card account will be charged as soon as the ordering process is completed.

2. Advance payment: For the delivery of the goods, please make your payment (including shipping costs) to the following account:

Bank name:                       DKB
IBAN: DE 10 1203 0000 1020 1349 85
BIC:   BYLADEM1001
Purpose / comments:   Invoice no., name

3. Clause 1 and 2 are not applicable for orders through Amazon.

4. Payments with discharging effect shall only be made directly to the Seller or to a bank account specified by the Seller. Payments of the buyer to agents / representatives of the seller without explicit authorization are at sole risk of the buyer.

5. All invoices of the seller are payable without deduction, and within 30 days.

6. Purchase on account: In order to estimate the liability risk and credit rating, paymorrow or partner enterprises assigned of paymorrow may submit -in the context of the legally permissible and under consideration of the buyers respective legitimate interests to the exclusion of the transmission or use- the buyers address data and credit history to economic inquiry agencies for a check of financial standing and credit worthiness, if purchase on account is chosen.

We receive information on the buyers past payment history from the following economic inquiry agencies, which store data for the distribution of information:

Bürgel, Bürgel Wirtschaftsinformationen GmbH & Co. KG, Gasstraße 18, D-22761 Hamburg
Phone +49 (0)40 - 89 80 3 - 0, Fax -777

CEG, Creditreform Consumer GmbH, Hellersbergstr. 11, D-41460 Neuss
Phone +49 (0)2131 - 109 - 501, Fax -557

DeltaVista, Deltavista GmbH, Freisinger Landstr. 74, 80939 München
Phone +49 (0)89 - 7244880, Fax – 22

For their own credit check, paymorrow or partner enterprises assigned of paymorrow might request information on creditworthiness on the basis of mathematical-statistical methods from the companies named above. The buyer agrees to a submission of name and first name, street, house number, postal code, town, birth date and phone number to the companies named above. paymorrow ensures that the partner enterprises as well as the inquired agencies will use and / or process the data solely within the context of the specified purpose.

All credit verifications are performed to avoid difficulties in the processing of the payment. The data submission between paymorrow, partner enterprises assigned of paymorrow and other commercial information providers protects the online commerce against damage, which affects the selling prices on a long-term basis. Thereby the buyer will also benefit from the checking of customer data for this purpose.

In case of a purchase on account through the paymorrow GmbH, the buyer agrees to the submission his personal data to the SCHUFA (SCHUFA Holding AG, Kormoranweg 5, 65201 Wiesbaden), and that the SCHUFA can relate the accuracy of the entered details with the information stored on their system, and submit the evaluation results -including the details on possible ID-card / passport based identity verifications by SCHUFA or other contracted parties- in reply to the paymorrow GmbH.

Using the accuracy score, paymorrow GmbH will be in a position to know whether there is a person with the buyers address stored in SCHUFA’s records. A further data transmission or the submission of different addresses as well as the storage of the buyers data at SCHUFA will not take place. For compliance with legal obligations, SCHUFA will only store the fact that the address has been verified.

§6 Buyers claims to defects

1. Claims of the Buyer derived from defects of goods shall become statute-barred in line with the law in two years from delivery of the item. The limitation period for claims related to second-hand goods is 12 months. The same period of limitation of 12 (twelve) months is applied when the buyer is a legal entity under public law, a special fund under public law or a business person concluding the purchase as part of its commercial or independent professional activities.

2. The buyer of a defective item shall initially only be able to call for the defect to be eliminated or for the delivery of a flawless item (subsequent fulfilment). The seller may refuse to provide the subsequent fulfilment selected by the Buyer if this would only be possible at exceptional expense. Consideration shall be given to the value of the item in a flawless condition, the significance of the defect and the question as to whether subsequent fulfilment could be supplied otherwise without significant detriment to the buyer. The claim of the buyer shall be restricted in this case to the other form of subsequent fulfilment; in exceptional circumstances, the seller shall also be able to refuse subsequent fulfilment.

3. If the seller delivers flawless goods as subsequent fulfilment, the buyer shall return the defective goods, and pay compensation for diminished value in terms of the use of the goods already made.

4. In the event subsequent fulfilment is not successful, the buyer shall be able to revoke the contract or reduce the purchase price. Should the buyer decide to revoke the contract, the buyer shall return the defective goods and pay compensation for diminished value in terms of the use of the goods already made. The value of such use depends on the temporary linear reduction in value as against the comparison between the actual duration of use and the likely total duration of use.

5. Claims to defects shall not exist:

a) for construction-related defects of customized models built according to the buyers specifications,
b) for damages attributable to natural wear-and-tear or improper treatment of the item,
c) for technologically justified differences customary to the branch in terms of dimension, shape and technically-related differences in color that cannot be corrected, such as those due to the nature of the material, and for precise conformity with the color sample.

6. All claims have to be announced in writing before returning the goods. You can reach us Monday - Friday from 10 am to 6 pm (CET/CEST) under telephone number +49 (0)331 270 80 09 or by eMail to shop@ballhause-potsdam.de.

§7 Revocation of the contract

Right of revocation

Buyers have the right to revoke the intention to close a contract within 14 days and without specifying the reasons. Food with damaged seal is explicitly excluded from this rule.

Said period of revocation time shall commence fourteen days from the day the buyer or a third party other than the carrier and indicated by the consumer acquires the material possession of the goods ordered.

To exercise the right of evocation, the buyer shall contact:

Ballhause time for tea e.K.
Inhaber: Bettina Ballhause Brandenburger Str.8
14467 Potsdam Germany
Phone: +49 (0) 331 270 80 09
E-Mail: shop@Ballhause-Potsdam.de

and inform the seller on the decision to cancel the contract. The buyer may use the attached (non-obligatory) sample form for revocation.

Compliance with the period of revocation shall be deemed given if the revocation is dispatched in time before the end of evocation period is reached.

Consequences of the revocation

In the event of a revocation, the seller has to refund all payments received from the buyer, including delivery costs, but excluding additional costs that have been raised by choosing a different delivery method than the standard delivery offered by the seller. The refund has to be made immediately, but latest fourteen days from the day the seller has received the revocation statement of the buyer.

For refund, the same account as for the original purchasing transaction will be used, unless a different account has been agreed upon explicitly. The seller will not charge any extra fees for processing the refund.

The seller may reject the refund until the returned goods have been received, or until the buyer can provide evidence that the returned goods have been shipped back to the seller, whichever is first.

In the event of a revocation, the buyer has to return the goods immediately, but latest fourteen days from the date of the revocation statement. The deadline is met if the goods are shipped before the withdrawal period of fourteen days has expired. The buyer will bear the costs for returning the goods. The buyer shall be liable for compensation of diminished value of goods resulting from handling other than what is necessary to ascertain the nature, properties and functioning of the goods.

§8 Liability

The seller shall not be liable for damage caused through simple negligence on its part or on the part of its legal representatives or vicarious agents. This shall apply irrespective of the legal nature of the asserted claim, in particular claims derived from default, impossibility or other breach of duty or unlawful act.

This restriction of liability shall not apply for damages derived from injury to life and limb and from the breach of major contractual duties (cardinal duties).

§9 Other // Place of jurisdiction

1. Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.

2. If the customer is a business person, or does not have a general place of jurisdiction in the Federal Republic of Germany (or is losing it after closure of the contract), or if the permanent address or domicile of the customer is not known at the time a legal claim is issued, the exclusive place of jurisdiction for all disputes derived from the agreement shall be where the business of the seller is registered. The place of jurisdiction for non-business persons shall be chosen as required by public law.

3. Goods other than food that have been purchased in one of our outlet shops or market stalls can be exchanged within 14 days. The exchange is done on goodwill basis, and to a voucher or other goods. A refund is not possible. The customer’s legal right of return is not affected by this rule