General Terms and Conditions
for the online shop at URL:
https://colorballcompany.com

operated by

Colorball Company GmbH
An der Mühle 3
89312 Günzburg
Email: info@colorballcompany.com

• hereinafter referred to as: Provider -

1. Scope

1.1 These General Terms and Conditions (GTC) apply to all contracts for the purchase of goods, services, or other items (hereinafter referred to as "goods") in the online shop under the above URL in their version valid at the time of the contract. These GTC apply exclusively. Deviating GTC of the customer are not part of the contract unless the Provider expressly agrees to them.

1.2 If the user is a minor, the legal representatives of the user must complete the registration and other necessary legal actions on behalf of the minor.

2. Conclusion of Contract

2.1 The offers in the online shop are non-binding invitations from the Provider to visitors of the online shop to submit an offer for the purchase of the goods offered in the shop.

2.2 The order of the goods is made via the Provider’s online order form. After selecting the desired goods, entering all required information, and completing all other required steps in the order process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing an order, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance occurs when the Provider confirms the conclusion of the contract in writing or text form (e.g., by email) and this confirmation reaches the customer, or when the Provider delivers the ordered goods and the goods reach the customer, or when the Provider requests payment from the customer (e.g., invoice or credit card payment in the order process) and the payment request reaches the customer; the timing of the conclusion of the contract is determined by the first occurrence of one of these alternatives.

2.3 Before the customer submits the binding order via the online order form of the Provider, they can check and correct their inputs at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all inputs are displayed again in a confirmation window before the order is submitted and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.

2.4 The Provider will store the contract text after the contract is concluded and transmit it to the customer in text form (e.g., by email). No further access to the contract text will be provided by the Provider. If the purchase is made through a customer account in the online shop, the customer can view their orders and associated order details there.

2.5 The following languages are available for the conclusion of the contract: German.

3. Right of Withdrawal for Consumers

Consumers generally have a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or independent professional activity. Details can be found in the withdrawal policy, which is provided to each consumer no later than immediately before the conclusion of the contract.

4. Payment, Default

4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory VAT and any applicable shipping costs listed. The available payment options are shown in the Provider’s online shop.

4.2 If "SEPA direct debit" is agreed upon, the payment is due immediately after the conclusion of the contract. Before debiting the purchase price, the customer will be informed of the timing of the debit (pre-notification). The direct debit will not occur before the pre-notification is received and before the deadline specified in the pre-notification. If the direct debit fails due to insufficient account balance, incorrect bank details, or other reasons attributable to the customer, the customer bears any applicable return debit fees if they are responsible for the failed direct debit.

4.3 If payment by credit or debit card is agreed upon, the purchase price is due immediately after the conclusion of the contract.

4.4 If "PayPal" is agreed upon, the purchase price is due immediately after the conclusion of the contract. Payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.

5. Retention of Title

The purchased goods remain the property of the Provider until full payment of the purchase price.

6. Delivery and Self-Supply Reservation

6.1 Unless otherwise agreed, delivery is made within the delivery time indicated in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.

6.2 For deliveries by freight forwarding companies, delivery is made "curbside," unless otherwise agreed. This means delivery to the curb closest to the delivery address.

6.3 Self-pickup of purchased goods is excluded.

6.4 If the Provider cannot deliver the ordered goods because they were not supplied without the Provider’s fault despite a timely congruent cover transaction with a reliable supplier, the Provider is released from their obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately about the impossibility of performance. Any payments already made will be promptly refunded. Mandatory consumer rights remain unaffected by this paragraph.

7. Warranty

The provisions of statutory liability for defects apply.

8. Liability

8.1 The Provider is liable without limitation:

• for damages arising from injury to life, body, or health caused by an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or agent of the Provider;
• for damages caused by intentional or grossly negligent breach of duty by the Provider or by an intentional or grossly negligent breach of duty by a legal representative or agent of the Provider;
• based on a guarantee promise unless otherwise regulated;
• based on mandatory liability (e.g., under the Product Liability Act).

8.2 If the Provider negligently breaches an essential contractual obligation, their liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the previous paragraph. Essential contractual obligations are those that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the compliance of which the customer regularly relies.

8.3 Otherwise, the liability of the Provider and the liability of their agents and legal representatives is excluded.

8.4 The Provider, legal representatives, and/or agents are liable for damages, regardless of the legal basis, only in cases of intent or gross negligence or—limited to the foreseeable, contract-typical damage at the time of each conclusion of the contract—in the event of a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment enables the proper performance of the contract, whose breach endangers the achievement of the contract purpose, and on whose compliance the customer regularly relies.

This limitation of liability does not apply to claims for damages due to injury to life, body, or health or due to other legally mandatory liability provisions (e.g., under the Product Liability Act).

9. Data Protection

The Provider treats the personal data of their customers confidentially and in accordance with statutory data protection regulations. Details can be found in the Provider’s privacy policy.

10. Final Provisions

10.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless this choice of law leads to a consumer in the EU being deprived of mandatory legal provisions of the law of their residence state.

10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider’s registered office has jurisdiction unless a mandatory exclusive jurisdiction is established for the dispute. This also applies if the customer has no residence within the European Union. The company’s registered office is stated in the header of these GTC.

10.3 If a provision of this contract is invalid or unenforceable, the remaining provisions remain unaffected. An invalid provision shall be replaced by one that comes closest to the economic purpose of the invalid provision. The same applies to any gaps in these GTC.