Terms

General Terms and Conditions

1. Scope of Application

These General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.

With regard to entrepreneurs, the following applies: if the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected. They shall only become part of the contract if we have expressly agreed to them.

2. Conclusion of Contract

The purchase contract is concluded with EnergyBalance SA.

By listing the products in the online shop, we make a binding offer to conclude a contract for these items. You may initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided in the ordering process.

The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation by e-mail.

The customer undertakes to provide truthful information during registration and ordering. Order information and prices are available on the webpages of www.energybalance.com.

In cases of obvious typographical or calculation errors, EnergyBalance SA is entitled to withdraw from the contract.

3. Contract Language and Storage of Contract Text

The languages available for the conclusion of the contract are German, Italian and English.

You can view the contract text in your customer account.

4. Delivery Conditions

Deliveries to Germany and other countries of the European Union are made from our shipping location in Germany.

We are entitled to make partial deliveries. In the case of partial deliveries, we will bear any additional shipping costs incurred as a result.

5. Payment Conditions

The following payment methods are generally available in our shop:

Payment by Credit Card

When submitting your order, you provide your credit card details. After you have been authenticated as the legitimate cardholder, the payment transaction is carried out automatically and your card is charged.

We accept Visa, Visa Electron and Mastercard.

Payment by PayPal

During the ordering process, you will be redirected to the website of the online payment provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there, or register first, log in with your access data and confirm the payment instruction to us.

After submitting the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is then carried out automatically by PayPal immediately afterwards. Further information will be provided during the ordering process.

Payment in Advance / Bank Transfer

If you choose payment in advance, our bank details will be provided in the order confirmation sent by e-mail. The goods will be shipped after receipt of payment.

Please make sure to include your order number as the payment reference, so that we can correctly assign your payment to your order.

Please note that, depending on the bank, it may usually take 2–3 working days for the payment to reach us. For international payments, the processing time may be longer.

Our Bank Details for Payments in Euro

Bank: Deutsche Bank AG, Albert-Rosshaupter-Strasse 2, DE-81369 München
Recipient: EnergyBalance SA, Via della Salina 2, CH-6600 Muralto TI
IBAN: DE33 7007 0024 0809 4096 00
BIC: DEUTDEDBMUC

Note: payment by cash on delivery is not available.

6. Right of Withdrawal

Consumers are entitled to the statutory right of withdrawal, as described in the withdrawal policy. Entrepreneurs are not granted any voluntary right of withdrawal.

7. Retention of Title

The goods remain our property until full payment has been received.

For entrepreneurs, the following also applies: we retain ownership of the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business. All claims arising from such resale are assigned to us in advance in the amount of the invoice amount, regardless of any combination or mixing of the goods subject to retention of title with a new item, and we accept this assignment.

You remain authorised to collect these claims. However, we may also collect the claims ourselves if you fail to meet your payment obligations.

8. Transport Damage

For consumers, the following applies: if goods are delivered with obvious transport damage, please report such damage to the carrier as soon as possible and contact us without delay.

Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance provider.

9. Statutory Warranty and Guarantees

The statutory liability for defects applies. Information on any additional guarantees and their exact conditions can be found, where applicable, with the respective product and on special information pages in the online shop.

You can contact our customer service for questions, complaints and claims on working days from 9:00 a.m. to 5:00 p.m. by telephone at 00800 0000 1000 or by e-mail using the contact form.

10. Dispute Resolution

The European Commission provides a platform for online dispute resolution, which you can find here.

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

11. Copyright and Database Rights

The content made available by us on our website, such as texts, graphics, logos, button icons, images, digital downloads and data collections, is the property of EnergyBalance SA or of third parties who supply us with content or make it available on the website. Such content is protected by Swiss and international copyright and database law.

The entire content of our online offers and databases is also the exclusive property of EnergyBalance SA and is protected by Swiss and international copyright and database law.

Without prior express written consent, you are not permitted to extract and/or reuse parts of our offers. Every website design, every text, all graphics, every selection or layout thereof and every software are legally protected property of EnergyBalance SA.

Copyright © EnergyBalance SA. All rights reserved.

Copying or reproducing, including printing on paper, the entire website or parts of this website is permitted only for the purpose of placing an order with EnergyBalance SA or using this website as a shopping resource.

Any other use of the materials or information available on this website, including reproduction, redistribution, modification and publication for purposes other than those mentioned above, is prohibited unless we have expressly agreed to this in writing.

In particular, without the express written consent of EnergyBalance SA, you may not use data mining, robots or similar data collection and extraction programs to extract substantial parts of our offers for reuse, whether once or repeatedly.

You may also not create and/or publish your own database containing substantial parts of EnergyBalance SA’s offer, such as our prices and product information, without our express written consent.

12. Applicable Law and Place of Jurisdiction

The provisions of the Swiss Code of Obligations apply to Switzerland and the Principality of Liechtenstein, even if the order is placed from the EU or delivered to the EU.

If your place of residence or habitual residence is in Switzerland, Locarno shall be the place of jurisdiction for all claims connected with your order. EnergyBalance SA is also entitled to bring legal action before the competent court at your place of residence.

EnergyBalance SA

EnergyBalance SA
PO Box 48
Via della Salina 2
CH-6602 Muralto
Switzerland
Toll-free phone CH & EU: 00800 0000 1000
International phone: +41 91 942 8888
European VAT ID: DE268637785