Terms and Conditions

FP DESIGN – The Balletbarre
Owner: Christoph Ungureanu
Günterstalstraße 60
79100 Freiburg
Germany
Email: info@theballetbarre.de
Telephone: +49 (0)761 59017982

§ 1 Scope and Definitions
(1) These General Terms and Conditions apply to all purchase contracts concluded by customers with us as the supplier through our online shop or on the basis of an individual enquiry.
(2) A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
(3) A business customer is any natural or legal person or partnership with legal capacity who, when entering into the legal transaction, acts in the exercise of their trade, business or profession.
(4) Any terms and conditions of the customer that deviate from these General Terms and Conditions shall apply only if we have expressly agreed to their application in text form.

§ 2 Subject Matter and Conclusion of the Contract
(1) The subject matter of the contract is the sale of ballet barres and accessories in various designs. Depending on the respective offer, products may also be manufactured according to the customer's selection or specifications.
(2) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
(3) The customer may initially place the selected products in the shopping cart. Before submitting the order, the customer may review and correct the information entered. By clicking the final order button, the customer submits a binding offer to purchase the products contained in the shopping cart.
(4) Receipt of the order will be confirmed to the customer electronically. An automatically generated order confirmation or acknowledgement of receipt does not yet constitute acceptance of the offer unless acceptance is expressly declared therein.
(5) The contract is concluded when we issue an order confirmation in text form or dispatch the ordered goods.
(6) In the case of individual enquiries, the contract is concluded when we issue an order confirmation in text form or when the customer accepts an offer submitted by us.
(7) Order processing and the transmission of contract-related information generally take place by email. The customer must ensure that the email address provided is correct and that receipt of our emails is technically possible.
(8) Product images and representations of colours, wood and materials may differ slightly from the delivered product due to different screen settings, lighting conditions and the natural properties of the materials. The agreed product description and expressly agreed characteristics shall be decisive.

§ 3 Prices and Terms of Payment
(1) The prices displayed to consumers in the online shop are total prices in euros and include statutory value added tax. Any additional shipping costs are shown separately.
(2) In individual offers made to business customers, prices may be stated as net prices plus statutory value added tax and shipping costs, provided that this is clearly indicated in the respective offer.
(3) The payment methods available in each case are displayed in the online shop or in the individual offer. These may include, in particular, advance payment or bank transfer, PayPal and credit card, especially Visa and Mastercard.
(4) Unless otherwise specified in the respective offer or order confirmation, the purchase price is due immediately upon conclusion of the contract.
(5) Where advance payment has been agreed, production and the delivery period begin after full payment has been received and, where required, after final confirmation of the agreed product configuration.
(6) The customer shall bear any fees charged by their bank or payment service provider. This applies in particular to fees for payments from abroad. This does not include fees charged exclusively by our payment service provider which, under mandatory statutory provisions, must be borne by us.

§ 4 Delivery, Delivery Time and Shipping
(1) Delivery is made to the delivery areas specified in the online shop or to the countries agreed in the individual offer. Depending on the size, weight, product and delivery location, goods are shipped by parcel service, bulky-goods service or freight forwarder.
(2) The applicable delivery time is stated in the product description, individual offer or order confirmation.
(3) For products that are manufactured only after receipt of the order, the production time is generally approximately four weeks, unless a different period is specified in the respective offer or order confirmation. The transport time, which depends on the shipping method and delivery location, must be added to the production time.
(4) If production requires a selection, approval, measurement or other cooperation by the customer, the agreed production or delivery period does not begin until we have received all required information and approvals in full.
(5) If unforeseeable delays occur after conclusion of the contract, we will inform the customer without undue delay. The customer's statutory rights in the event of delayed delivery remain unaffected.
(6) Deliveries to countries outside the European Union may be subject to customs duties, import charges and other taxes or fees. These are not levied by us and must be paid by the customer to the competent customs or tax authorities.
(7) If the customer is a consumer, the risk of accidental loss of or accidental damage to the goods generally passes only when the goods are handed over to the customer or to a third party authorised by the customer to receive them.
(8) If the customer is a business customer and, at the customer's request, the goods are shipped to a location other than the place of performance, the risk passes to the customer when the goods are handed over to the freight forwarder, carrier or other transport service provider, to the extent permitted by law.

§ 5 Retention of Title
(1) The delivered goods remain our property until the respective purchase price has been paid in full.
(2) In relation to business customers, we retain title to the delivered goods until all due claims arising from the ongoing business relationship have been settled in full.
(3) The customer must inform us without undue delay if third parties seize goods subject to retention of title or assert rights in respect of such goods.

§ 6 Right of Withdrawal for Consumers
(1) Consumers generally have the statutory right of withdrawal in the case of distance contracts.
(2) Details regarding the conditions, time limits, exercise and consequences of withdrawal are set out in the separate cancellation policy on our website.
(3) In particular, the right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or decision by the consumer is decisive, or which are clearly tailored to the consumer's personal needs.
(4) The mere fact that a product is manufactured after receipt of the order does not automatically exclude the right of withdrawal. The statutory requirements and the specific individual design of the product are decisive.
(5) In the event of an effective withdrawal, the consumer shall bear the direct cost of returning the goods, provided that the consumer was duly informed of this before conclusion of the contract.
(6) For goods which, due to their nature, cannot normally be returned by post, the direct cost of returning one product from Germany is estimated approximately as follows: PRO approximately EUR 220.00, PRO Light approximately EUR 150.00, HOME approximately EUR 80.00 and HOME Kids approximately EUR 80.00.
(7) If several products are returned together, the estimated return transport costs may increase according to the number of products, their total weight, the extent of the packaging and the required shipping method. The applicable cost estimate will be displayed to the consumer before conclusion of the contract.
(8) For returns from another EU Member State, the direct return transport costs for the respective product are estimated at no more than approximately the amount of the standard delivery costs displayed at the time of purchase for that product and the relevant country of delivery. Any different cost estimate will be expressly communicated to the consumer before the order is submitted.
(9) Goods suitable for parcel shipment must be returned at the consumer's expense using an appropriate shipping service provider. The rates charged by the shipping service provider selected by the consumer shall apply.
(10) The statutory provisions governing reimbursement following withdrawal remain unaffected. We may withhold reimbursement until we have received the goods back or the consumer has provided evidence that the goods have been returned, whichever occurs first.

§ 7 No Right of Withdrawal for Business Customers
(1) Business customers have no statutory right of withdrawal.
(2) A contractual right of withdrawal, return or exchange for business customers exists only if it has been expressly agreed in text form.
(3) A business customer's statutory rights in the event of defects, incorrect delivery or other breaches of duty remain unaffected.

§ 8 Compensation for Diminished Value Following Withdrawal
(1) The consumer must compensate for any diminished value of the goods if the loss in value results from handling the goods in a manner that was not necessary to establish their nature, characteristics and functioning, and if the consumer was duly informed of the right of withdrawal.
(2) A possible loss in value may arise, in particular, from use extending beyond the necessary inspection, improper assembly or disassembly, scratches, deformation or other damage, missing components or accessories, modifications to the product, or damage caused by inadequate packaging or insufficient securing of the goods during return transport.
(3) The amount of compensation is determined by the actual and verifiable loss in value. Damage or use does not automatically result in the complete exclusion of reimbursement.

§ 9 Liability for Defects and Inspection of the Goods
(1) The statutory rights in respect of defects apply.
(2) Consumers are requested to inspect the goods upon receipt for completeness, obvious defects and visible transport damage, and to notify us of any complaints as promptly as possible. Failure to notify us, or delayed notification, does not affect the consumer's statutory rights in respect of defects.
(3) If the purchase constitutes a commercial transaction for both contracting parties, the customer's statutory duties to inspect the goods and give notice of defects apply, in particular Section 377 of the German Commercial Code (Handelsgesetzbuch – HGB).
(4) Damage caused exclusively by improper use, use involving loads for which the product is not intended, or modification or assembly contrary to the supplied assembly, operating or safety instructions does not constitute a defect, unless the cause already lies in a product defect or an error in the instructions for which we are responsible.
(5) Guarantees exist only if they are expressly designated as a guarantee in the product description, order confirmation or a separate guarantee statement. Statutory rights in respect of defects remain unaffected by any guarantee.

§ 10 Liability
(1) We are liable without limitation in cases of intent and gross negligence, for damage arising from injury to life, limb or health, under the provisions of the German Product Liability Act (Produkthaftungsgesetz), within the scope of an expressly assumed guarantee, and in all other cases of mandatory statutory liability.
(2) In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the damage typical for the contract and foreseeable at the time the contract was concluded. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment the contracting party may regularly rely.
(3) In all other respects, liability for slight negligence is excluded.
(4) The above limitations of liability also apply for the benefit of our legal representatives and vicarious agents.
(5) We shall not be liable to the extent that damage was caused exclusively by improper use or use for a purpose for which the product was not intended, unauthorised modification, or incorrect assembly contrary to the supplied assembly, operating or safety instructions. Liability under paragraph (1) remains unaffected.

§ 11 Intellectual Property Rights and Rights of Use
(1) Product designs, technical drawings, photographs, texts, graphics, constructions and designs of FP Design – The Balletbarre are protected in particular by copyright, design rights or trademark rights, insofar as the statutory requirements are met.
(2) Without our prior consent, these contents may not be reproduced, edited, published, distributed or used commercially beyond the extent permitted by law.
(3) The purchase of a product does not include the transfer of any copyright, design rights, trademark rights or other intellectual property rights.

§ 12 Governing Law and Place of Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) In relation to consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the country in which they have their habitual residence.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Freiburg im Breisgau, Germany.
(4) The same applies if a business customer has no general place of jurisdiction in Germany or if the customer's place of residence, registered office or habitual residence is unknown at the time legal proceedings are instituted, insofar as an agreement on jurisdiction is legally permissible.

§ 13 Contract Language and Storage of the Contract Text
(1) The contract language is German.
(2) The order details and the contractual terms applicable at the time the contract is concluded will be transmitted to the customer electronically as part of the ordering process or together with the order confirmation.
(3) We store contract and order data in accordance with statutory retention and documentation obligations. Any permanent provision of the complete contract text in a customer account beyond this scope takes place only if this is expressly offered in the online shop.
(4) Before submitting the order, the customer may save the contractual terms applicable to the order using the print or save function of their browser.

§ 14 Transport Damage and Complaints
(1) The customer is requested to document any externally visible transport damage, where possible, directly upon delivery with the transport service provider and to notify us without undue delay, enclosing meaningful photographs.
(2) In the case of deliveries by freight forwarder, the customer should, where possible, have visible damage to the packaging recorded on the delivery receipt.
(3) A failure to document or provide notification in accordance with paragraphs (1) and (2) does not result in consumers losing their statutory rights in respect of defects or warranty claims.
(4) For business customers, the statutory duties to inspect the goods and give notice of defects, in particular under Section 377 HGB, remain unaffected.
(5) Upon receipt of a complaint, we will review the circumstances and inform the customer of the next steps. The customer's justified statutory claims, in particular the right to subsequent performance, remain unaffected.

Version: September 2026