Terms

1. Scope
EnergyBalance provides all its deliveries and services exclusively on the basis of the following General Terms and Conditions, in the version at the prices valid at the time of the order.

2. Completion of contract
You may choose to complete your purchase agreement in either the German or Italian language. The presentation of the products in our online shop does not imply a binding offer, rather it is intended to be a non-binding online catalog. By clicking the "place your order" button you place a binding order for the goods in your shopping basket. Automated confirmation of the receipt and acceptance of your order will be sent via email immediately after your order is placed. With this confirmation via e-mail the purchase contract becomes legally effective.

The customer is liable for the veracity of the data provided for registration and ordering. Information concerning your order and prices is available on the website www.energybalance.com.
In cases of obvious spelling mistakes or calculation errors, EnergyBalance Muralto reserves the right to cancel the contract.

3. Delivery and delivery time
a) Deliveries to Germany and other countries within the European Union (EU) are sent via German Parcel Post (DHL) from our shipping facility in Germany.
b) We retain the right to make partial deliveries. We will be responsible for the additional shipping costs involved in partial delivery.

4. Terms of payment
a) All stated prices include value added tax as required by law.
b) EnergyBalance Muralto offers the following terms of payment for all deliveries to Germany, Austria, Italy and other international destinations:

• Payment by credit card:
  You can pay for your order easily and securely by credit card. We accept Master Card und Visa credit cards.
  
• Payment via PayPal:
  You may also pay for your order via PayPal. PayPal allows you to deposit the payment method of your choice in your PayPal account.
  

• Advance payment:
  With advance payment, you receive confirmation via email immediately after placing your order. With your confirmation, you will also find our account information. Please be sure to include
  your order number with your payment, so that we can allocate your payment to the correct order.
  
  Bank: Deutsche Bank AG, Albert-Rosshaupter-Strasse 2, DE-81369 München
  Recipient: EnergyBalance SA, Via della Salina 2, CH-6602 Muralto TI
  IBAN: DE33 7007 0024 0809 4096 00
  BIC: DEUTDEDBMUC

5. Cancellation policy

Right to cancel your order
You may cancel the contract within 14 days without providing any reason in written form (i.e. letter, fax, email) by returning the merchandise - if you have received it prior to the expiration of this time limit.  The time limit begins after receipt of this notification in writing, but not before the goods have been received by the recipient (in case of recurring deliveries of similar goods not before receipt of the first installment), nor before we have fulfilled our obligations to provide information as defined in Article 246 § 2 in conjunction with § 1 (1) and (2) of the Introductory Statue to the Civil Code (EGBGB) as well as our obligations pursuant to § 312g paragraph 1 sentence 1 of the Civil Code (BGB) in connection with article 246 § 3 of the Introductory Statue to the Civil Code (EGBGB) To comply with the time limit, it is sufficient that the cancellation or return of the goods be sent within the time limit as described above. Cancellations or product returns are to be sent to:

Logistic Partner:
EnergyBalance SA
c/o 3SAND GmbH
Kistlerhofstraße 70, Gebäude 188
81379 München


Consequences of order cancellation
In the event of a valid cancellation, the payments or goods received by both parties are to be restored and, if necessary, any profit drawn (e.g. interest) surrendered.  In case you are unable to reimburse us either in total or partially for the use of goods or services received (i.e. benefits from use), you are required to offer compensation of equal value. The ordering party is only liable for compensation for the deterioration of the merchandise and use thereof in cases where such deterioration has been caused by use exceeding the normal examination of the merchandise for basic characteristics and functionality. "Examination of the merchandise for basic characteristics and functionality" is to be understood as the examination and trial of goods to the extent normally possible in a shop. Goods that can be sent by parcel post may be returned at our risk.  You are responsible for covering the regular cost of return postage. Obligations to refund any open payments must be fulfilled within 30 days. The time limit begins for you when you send your cancellation or the goods, for us, with the receipt thereof.

The right for order cancellation does not apply to the following contracts:
Contracts for the delivery of sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery.

End of cancellation policy

6. Copyright and Trademarks 
The content provided by us on our website, such as text, graphics, logos, button icons, images, digital downloads and data collection, is the property of EnergyBalance SA or third parties who supply us with content or make content available on the website, and is protected by Swiss and international copyright and database law. In addition to the entire content of our online offerings, the content of our database is the exclusive property of the EnergyBalance SA and is protected by Swiss and international copyright and database law.
You are not permitted to extract and/or reuse any part of our offerings without express prior written consent. All website designs, texts, graphics, each selection or layout of the former and all software are the copyrighted property of EnergyBalance SA (Copyright © EnergyBalance SA, ALL RIGHTS RESERVED). The copying or reproduction (including printing on paper) of the entire website or parts thereof is only permitted for the purpose of placing an order with EnergyBalance SA or in order to use this website as a shopping resource. Any other use of materials or information available on this site - including the reproduction, redistribution, modification and publication for any purpose other than that mentioned above - is prohibited unless we have expressly consented to this in writing.

Without the express written consent of EnergyBalance SA, you are not permitted, in particular, to perform any data mining, to use robots or similar data gathering and extraction programs to extract substantial parts of our offerings for reuse (whether once or many times). Without our express written consent, you are also not permitted to produce and/or publish any database of your own which includes substantial parts of the offerings of EnergyBalance SA (e.g. prices and product information).

Responsible according to § 5 TMG is Philip Wagner, see above for contact.

7. Applicable law and jurisdiction
The legal provisions of the Swiss Code of Obligations (OR) and the Principality of Liechtenstein apply, even to orders received from countries within the EU or to orders delivered to countries within the EU.  If your place of residence or usual abode is in Switzerland, you are under the legal jurisdiction of Locarno for all claims connected with your order. EnergyBalance is also entitled to initiate proceedings with the appropriate court in your local area.

EnergyBalance SA
Postfach 844
Via della Salina 2
CH-6602 Muralto
free phone CH & EU 00800 0000 1000
International phone +41 91 942 8888