Terms and Conditions of Sale
Please read these T&Cs carefully before ordering any Products on the Website.
The Products purchased on the Website are sold by Bally Deutschland GmbH, with registered office in Maximilianstrasse 11-1, 80539 Munich, Germany, business register number HRB 192391, tax code and VAT DE811241298 ("Bally" or "we" or "us").
1. OUR BUSINESS POLICY
1.1 Bally offers its Products for sale on the Website, including its e-commerce business services, exclusively to consumers, i.e., any natural person who is acting for purposes which are outside his/her trade, business or profession. If you are not a consumer, please do not buy any Product(s) on the Website. We reserve the right not to process orders received from users who are not consumers and any other order which does not comply with our business policy.
1.2 Bally only offers its Products to consumers over the age of 18. If you are under 18 you are strictly prohibited from ordering Products from the Website. Bally reserves the right to cancel any orders from consumers we believe to be under the age of 18.
1.3 We do not sell second-hand Products, flawed Products or Products of lower quality than the corresponding market standards. The main characteristics of Products are shown on the Website and on each Product page. The Products offered for sale on the Website may not exactly correspond to the real Products in terms of image, dimensions and colours depending on your Internet browser or monitor quality.
1.4 Products ordered on this Website may only be shipped to Germany (the "Country"). Please see Section 4 in these T&Cs for more information.
2. HOW TO PROCESS AN ORDER AND STEPS TO THE CONCLUSION OF THE CONTRACT
2.1 To place an order you should select the Products you desire to purchase on the Website, select a size, add the items to your shopping bag by clicking on "Add to Shopping Bag". Once you are ready to checkout, click on the shopping bag icon at the top right of the screen which will display all of the Products you have selected to purchase. You will be given the possibility to review your order details and to detect and correct any mistakes by using the deletion and correction functions. It is your responsibility to check that the Products in your shopping bag are in the correct number, style, colour and size before proceeding. Once you are ready to proceed with your order, click on "Secure Checkout" where you will be able to add gifting options and will be asked to select your preferred payment method and delivery option as well as enter personally identifiable information and after having read and accepted these T&Cs, click on the relevant acceptance button. You will be requested to log into your personal account (if you are already registered) or continue through guest check out. By clicking on the relevant acceptance button you will place a binding offer to buy the selected Product(s) from Bally.
2.2 All orders are subject to acceptance and availability. Please be aware that Products in your Shopping Bag are not reserved and can therefore be purchased by other users until you complete the whole checkout process.
2.3 Your order is an offer to Bally to buy the Product(s) contained within your order and is binding for a period of 15 (fifteen days). An order shall be deemed to have been submitted to Bally when you receive an order receipt email (automatically generated) confirming the content of your order which has been received and is being assessed.
2.4 This order receipt email is a mere acknowledgement that we have received your order, but it does not confirm our acceptance of your offer to buy the Products.
2.5 Your offer shall be deemed as accepted and the relevant contract of sale is effective from the moment Bally dispatches the Product and you receive a confirmation email containing information about the acceptance of your offer, the dispatch time, essential characteristics of the purchased Products, a detailed breakdown of the price paid for each Product and delivery costs and details ("Order Status Update").
2.6 If your order is dispatched in more than one package, you may receive separate Confirmations for each package and by means of each separate Confirmation we conclude a separate contract of sale for the Product(s) specified in these emails.
2.7 You may access your order form by clicking on the section called "My Account", "Check Your Order Status".
2.8 Bally reserves the right not to accept your order at its own discretion. In such case, Bally will inform you by email of the cancellation of the order.
2.10 You can access, store and print out these T&Cs and the documents referred to herein at all times. We strongly invite you to print a copy of these T&Cs (and any documents referred to herein), the order form and the Order Status Update Confirmation using the print option and save a copy thereof for your own personal use. We do not separately store the text of the contract of sale.
3. PRICES AND PAYMENTS
3.1 All prices indicated on each Product page are inclusive of applicable taxes and any pricing components and are exclusive of shipping costs. Prices are subject to change. However, such changes will not impact the price, or the description of the Products which you have already submitted an order for.
3.2 Although we have taken all reasonable care that prices contained in the Website are accurate at the time of publication, a small number of Products in our Website may be mispriced. Prices are confirmed when you will receive your order receipt email outlining the different charges (including delivery).
3.3 You may pay for your order using the payment methods available on the Website such as payments with credit/debit cards.
3.4 We take reasonable care to make our Website secure. All credit/debit card transactions on our Website are processed using Cybersource, a secure online payment gateway that encrypts your card details in a secure host environment. We will securely store your credit/debit card details on the Demandware platform. These details will be fully encrypted and only used to process card transactions which you have initiated or to issue refund in case of return or unavailability of the Products or for reporting cases of fraud to the police.
3.5 Should your payment fail to process the order online, please ensure that all your details submitted are correct and retry the transaction. Should the problem persist, please contact your card issuer directly as Bally will be unable to assist you with these types of payment failures.
3.6 Payment will be "reserved" or "frozen" by your card issuer when you attempt to/make a purchase on the Website. The price for the purchase of Products and the corresponding costs for shipping and delivery, as indicated in the order receipt email, will be charged to your chosen payment method only when the purchased Products are actually shipped.
3.7 To ensure that your credit or debit card is not being used without your consent Bally will validate your name, address details and other personal information supplied by you in placing the order through facilities offered by Cybersource Corporation.
3.8 Bally reserves the right to implement any additional and/or other payment security system from time to time.
3.9 Refunds, for whatever cause due, of any payment received by you will take place using the same method of payment you chose during the check-out procedure and cannot be amended after your order has been placed. Bally will not be responsible for any delays beyond its control including delays caused by the method of payment/refund or those incurred by the card issuer.
4. SHIPPING AND DELIVERY
4.1 For specific shipping and delivery details, the information provided in the below section forms an integral part of the Ts&Cs and is hereby incorporated by reference.
4.2 Delivery from this Website is restricted to Germany only.
4.3 Bally are unable to deliver to addresses such as P.O boxes or BFPO. Any orders with these delivery details will be automatically cancelled.
4.4 The Order Status Update will contain information on the carrier and the associated tracking number(s) once your order status is "Dispatched"
4.5 Currently, the Bally carriers are only able to deliver Monday to Friday (excluding public holidays), during working hours in the Country.
4.6 All shipments will require a legible signature of the customer upon delivery.
4.7 Upon delivery, it is the customers' responsibility to ensure that the parcel that they are signing for is without damage, visible alteration and not wet. Any such defects should be reported on the delivery note (when you sign for the delivery).
4.8 Upon full and correct payment, delivery, and signature of the parcel, the Products will become your property and you will become fully responsible for the Products.
4.9 In the event that we are unable to deliver the Products to you within 30 days from the conclusion of the contract, you are entitled to terminate the contract and to request the full reimbursement of your order.
5. RIGHT OF WITHDRAWAL/RETURNS POLICY
5.1 As a consumer, you may withdraw from your contract in relation to Products purchased on the Website, without any penalty. To effectively exercise your right, we recommend that you inform us by either contacting Customer Service on 00800 1851 1851, Email: kundenserviceDE@bally.ch you can also submit your return request via email by using the Model withdrawal form.
5.2 More details of your right of withdrawal, terms and conditions and further explanations of how to exercise it are provided in the Instructions on Withdrawal & Returns Policy.
6. RIGHTS IN CASE OF DEFECTS
6.1 Your rights in case of defects of the Products purchased on our Website shall be as specified by statutory law. Bally shall pay damages and reimburse expenditure incurred in vain due to a defect only within the limits defined in Section 8.
6.2 To effectively exercise your rights in case of defects, we recommend that you notify our Customer Service on 00800 1851 1851, Email: kundenserviceDE@bally.ch as soon as possible after you have detected a defect of the purchased Product(s) and follow their instructions regarding the return of the defective Product(s).
6.3 In the event of a refund of the purchase price, Bally will refund the price and your costs of returning defective Products using the same method originally used by you to pay for the purchase. If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, the amount paid for returned Products shall be refunded by Bally to the individual who made the payment.
7. CLIENT SERVICES
Client Services will be able to assist customers with requests for information, assistance on orders, shipping, refunds and returning Products purchased on the Website. Client Services can be contacted on 00800 1851 1851 or via email at kundenserviceDE@bally.ch. Client Services operating times are: Monday to Friday 9am to 6pm CET.
8. LIMITATION OF LIABILITY
8.1 Bally shall be liable without limitation for damages caused by wilful intent or gross negligence.
8.2 Bally shall further be liable for damages caused by slight negligence [einfache Fahrlässigkeit] which are due to a material breach of duty, which endangers the achievement of the objective of the contract with you, or to a failure to comply with duties, the very discharge of which is an essential prerequisite for the proper performance of the contract and on the observance of which you may relay. In these cases, the liability of Bally shall be limited to the damage which can be typically foreseen for such type of agreements. Any further liability of Bally in cases of slight negligence is excluded.
8.3 The above limitations of liability shall apply to all claims for damages, irrespective of their legal cause, except for claims for damages in the event of (i) an injury to life, body or health, (ii) an explicit assumption of a guarantee for the condition of Products [Beschaffenheitsgarantie] (in this regard, if stipulated by such guarantee, the liability terms of the guarantee apply), (iii) of fraudulently concealed defects, and (iv) a violation of the Product Liability Act [Produkthaftungsgesetz].
8.4 The above limitations of liability shall also apply in case of claims for damages against Bally's employees, representatives or agents [ Erfüllungsgehilfen].
10.1 Bally may sub-contract the performance of all or any of its obligations under these T&Cs at any time without your consent.
10.2 You may not assign or subcontract any right or obligation under these T&Cs without the prior written consent of Bally.
11. FORCE MAJEURE
11.1 In the event of strikes, or other difficulties or events due to general or local extraordinary conditions beyond the reasonable control of Bally, which would influence the delivery of the Products, Bally shall be authorised to postpone deliveries or to cancel them.
11.2 We will not be liable for any failure, any suspension or any termination of access to the Website arising out of any event beyond our reasonable control.
12. OUR CONTACT DETAILS
12.1 Our contact details are:
Bally Deutschland GmbH, Maximilianstrasse 11-1, 80539 Munich, Deutschland
VAT registration number: DE811241298
13. ENTIRE AGREEMENT, AMENDMENTS AND UPDATES
13.1 These T&Cs supersede and replace all prior general conditions of sale of the Website.
13.2 These T&Cs and all the other policies of the Website may be amended from time to time due to new laws and regulations or other reasons. The new T&Cs and policies shall be effective as of the date of publication on the Website in relation to new orders placed after their publications, and the submission of any such new orders will be subject to the acceptance of the new T&Cs.
14.1 If any provision of these T&Cs shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these T&Cs which shall remain in full force and effect.
15. GOVERNING LAW AND JURISDICTION
15.1 These T&Cs and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Switzerland.
These General Terms and Conditions of Sale are subject to updates and amendments from time to time. The version published on the Website is the version currently in force. The purchase of the Products is subject to the General Terms and Conditions of Sale which are placed on the Website at the date of your submission of the order form.
The effective date of these General Terms and Conditions of sale is 1st July 2014.