Terms and Conditions
General Terms and Conditions of Sale, Delivery and Payment
- Scope of application / Conclusion of contract
Orders shall be executed exclusively on the basis of the following terms and conditions. The version valid at the time of the conclusion of the contract shall be authoritative in each case. Any deviating provisions shall require written confirmation.
The goods and services on the Internet, in brochures and advertisements do not constitute a legally binding offer by LogoBallFactory GmbH. It is an invitation to the customer to make a binding offer to LogoBallFactory GmbH.
The customer can place an order with LogoBallFactory GmbH via the online shop (www.logoballfactory.com) by clicking the “Buy” button in the final step of the order process (checkout), by telephone or by fax. In the online shop, a confirmation window with the details of the order is displayed before the order process is completed. By ordering the desired goods, the customer makes a binding offer to conclude a purchase contract. LogoBallFactory GmbH will confirm receipt of the order in text form. This confirmation of receipt does not constitute a binding acceptance of the order. The sales contract is only concluded when LogoBallFactory GmbH sends the customer an explicit order confirmation or sends the ordered goods to the customer.
LogoBallFactory GmbH reserves the right to refuse orders from customers in individual cases. In particular, orders may be rejected if the order deviates from the requirements specified by LogoBallFactory GmbH, if the customer is deemed unworthy of credit or the billing information cannot be verified, if we are unable to deliver to the address specified by the customer, if the desired product is not in stock, or if the price quoted was incorrect.
- The prices stated in the contractor’s quotation shall apply subject to the proviso that the order data on which the quotation was based remain unchanged, but no longer than two months after receipt of the quotation by the client. In the case of orders with delivery to third parties, the customer shall be deemed to be the principal. Unless otherwise stated, the Contractor’s prices do not include value added tax and are ex works. They do not include packaging, freight, postage, insurance and other shipping costs.
- Subsequent changes at the instigation of the client shall be charged to the client.
- Sketches, drafts, test prints, proofs, changes to supplied data / transmitted data and similar preliminary work initiated by the Client shall be charged.
- Payment can be made either by Paypal, bank transfer or, in Germany, on account, without any deductions. In the case of initial transactions, the goods must be paid for prior to the start of production. Any discount agreement must be made separately and, as a precaution, contradict any conflicting general terms and conditions or other regulations of our contractual partners.
- In the event of extraordinary advance performance, reasonable advance payment may be demanded.
- In the event of default in payment, interest on arrears shall be payable at a rate of 2% above the respective base interest rate. This does not exclude the assertion of further damage caused by default.
- Delivery dates are only valid if they are expressly confirmed by the contractor.
- If the contractor is in default, he shall first be granted a reasonable period of grace. After fruitless expiry, the Client may withdraw from the contract.
- Within Germany: EUR 13.90 per order (parcel shipment); larger quantities by agreement.
- EU (except Germany): EUR 24.90 per order (parcel shipment); larger quantities by arrangement
- Switzerland: EUR 24.90 per order (parcel delivery); larger quantities by arrangement
- other countries: on request
Right of withdrawal
In principle, the customer has a legal right of withdrawal when concluding a distance selling transaction. LogoBallFactory GmbH informs the customer about this right in accordance with the legal model below.
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (LogoBallFactory GmbH, Rheinhorststr. 1-3, 67071 Ludwigshafen, Germany, Phone: 0621-150 328-30, Email: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter or email sent by post) of your decision to withdraw from this contract. You can use the attached cancellation form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of cancellation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to LogoBallFactory GmbH without undue delay and in any event no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
Unless otherwise stipulated, the right of withdrawal does not apply to distance contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. This applies in particular, but not exclusively, to individualised golf balls / logo balls.
End of the cancellation policy
Sample cancellation form
(If you wish to cancel the contract, please fill in and return this form)
- To LogoBallFactory GmbH, Rheinhorststr. 1-3, 67071 Ludwigshafen, email@example.com
- I/we (*) hereby revoke the contract concluded by me/us (*) concerning the purchase of
of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
(*) Please delete where inapplicable.
- Retention of title
- The delivered goods remain the property of the contractor until full payment has been made.
- The following provision shall only apply in commercial transactions. The delivered goods remain the property of the contractor until full payment of all claims of the contractor against the principal existing on the invoice date. The customer hereby assigns his claim from the resale to the contractor. The contractor hereby accepts the assignment. In the event of default at the latest, the Principal shall be obliged to name the debtor of the assigned claim.
- Complaints / Warranty
- The client shall in any case check the contractual conformity of the delivered goods as well as the preliminary and intermediate products sent for correction. The risk of any errors shall pass to the client upon approval for printing.
- Complaints are only admissible within 2 working days after receipt of the goods.
- In the event of justified complaints, the contractor shall be obliged to rectify the defect at his discretion to the exclusion of other claims.
- Defects in part of the delivered goods do not entitle the customer to complain about the entire delivery.
- Deviations in colour, shape and position are due to production technology and are therefore no reason for complaints. The same applies to the comparison between other originals (e.g. digital proof, press proof) and the final product.
- After printing, logo balls are individually packaged as agreed.
- Due to the shape of the ball, distortions of the printed image may occur.
- The Contractor shall not be obliged to inspect any supplies (including data carriers, transmitted data) made by the Client or by a third party engaged by the Client.
- Articles or advertising labels produced for the client may be reproduced pictorially in our brochures and advertisements.
- All pictorial material shown in our printed and electronic media may – even in excerpts – only be published or otherwise used with our prior permission.
VII Place of performance, place of jurisdiction, validity
- The place of performance and jurisdiction is Ludwigshafen. The contractual relationship shall be governed by German law. 2.
- Any invalidity of one or more provisions shall not affect the validity of the remaining provisions.