Welcome to BallOut

These terms and conditions outline the rules and regulations for the use of BallOut’s Website.
BallOut is located at:

Martinetstraat 19 , Zwolle Overijssel – 8044RE, Netherlands

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use BallOut’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “entrepreneur”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

We may, at any time, and at our sole discretion, modify these Terms and Conditions of Use, including our Privacy Policy, with or without notice to the User. Any such modification will be effective immediately upon public posting. Your continued use of our Service and this Site following any such modification constitutes your acceptance of these modified Terms. It is your responsibility to review the terms and conditions, GPDR report and privacy policy for updates or changes. We will, however, keep a special “update” segment in each of the named documents.

Confidentiality 

The parties are bound to treat confidentially the facts and circumstances that come to the attention of the other party in the context of an order. Third parties, who are involved in the execution of the order, will be bound to the same confidential treatment with regard to these facts and circumstances originating from the other party. 

Retention obligation  

After the completion of the assignment, neither the client nor BallOut have a retention obligation towards each other with regard to used materials and data. 

Copies of materials  

The client is obliged, if reasonably possible, to retain copies of materials and data provided by him until the order is fulfilled. If the client fails to do so, BallOut cannot be held liable for damage that had not occurred with the existence of these copies. 

BallOut cannot be held responsible for the following: 

  1. Errors in the material provided by the client. 
  2. Misunderstandings or mistakes with regard to the execution of the agreement if these find their cause or cause in acts of the client, such as not in time. or not supplying complete, sound and clear data / materials. 
  3. Errors of third parties engaged by or on behalf of the client 
  4. Defects in offers from suppliers or for exceeding quotations from suppliers.
  5. Errors in the design or the text / data, if the client has given its approval or has been given the opportunity to carry out a check and has indicated that it does not need such a check. 
  6. Errors in the design or the text / data, if the client has omitted the creation or commissioning of a certain model, prototype or proof, and these errors in such a (prototype) model or proof would have been perceptible.  

Loss of liability 

Any liability expires by the lapse of one year from the moment the contract is completed. 

  • Guarantees and indemnities 

Copyright holder 

BallOut guarantees that the goods supplied by or on behalf of him / her are designed and that, if there is copyright on the design, he / she is considered to be a maker within the meaning of the copyright law and as a copyright owner can have access to the work. 

Indemnification for claims regarding the use of design 

The client indemnifies BallOut of the persons engaged by BallOut for all claims by third parties arising from the applications or the use of the result of the assignment. 

Provided materials and data 

The client indemnifies BallOut for claims relating to intellectual property rights on materials or data provided by the client that are used in the execution of the assignment. 

  • Intellectual property rights and property rights 

Copyright and industrial property 

Unless otherwise agreed, all intellectual property rights resulting from the assignment – including patent rights, design rights and copyright – are vested in BallOut. Insofar as such a right can only be obtained by depot or registration, only the client is authorized to do so. 

Examination of the existence of rights 

Unless otherwise agreed, the assignment does not include conducting research into the existence of patent rights, trademark rights, design or design rights, copyrights and portrait rights of third parties. The same applies to any investigation into the possibility of such forms of protection for the client. 

Attribution 

Unless the work is not suitable for it, BallOut is at all times entitled to have his / her name mentioned or removed from the work or to have it removed. The client is not allowed to do the work without mentioning the name without prior permission of BallOut to make public or to reproduce. 

Property BallOut

All drawings, illustrations, prototypes, scale models, molds, designs, design sketches, movies and other materials or (electronic) documents are in frame of the assignment in property of BallOut. Regardless of delivering to clients or third parties, unless there is a special agreement. 

  • Agreement, the quotation and confirmation

The quotation

Quotations are valid for two months. The quotation can be modified by unforeseen changes in the activities. 

Written confirmation 

Assignment should be written confirmed by the clients. If the client ignores this confirmation, while he or she still wants BallOut accepting and implementing the request, the content of the general quotation will be seen as agreed. Further spoken agreements and conditions are bind BallOut confirmed. 

  • The implementing of the agreement 

Providing data

The client is held to delivering the right information and implementing the right activities which is required to make it possible for BallOut to deliver the correct product on the right time. 

Complaints

Reporting complaints should be made as quick as possible, within 10 days after completion of the assignment. The complaint should be written through e-mail or website contact.

Right of withdrawel

The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The trader may ask the consumer about the reason for withdrawal, but not to oblige him or her to state his reason (s).
The reflection period starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer ordered several products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided he has informed the consumer in a clear manner prior to the ordering process, refuse an order of several products with a different delivery time.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part;
in contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Obligations of the consumer during the reflection period

During the reflection period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

Invitation to leave a review

You may receive an email invitation to leave a review on balloutstore.com, this will be send within 1-14 days. You may also get a follow up email with an coupon code.

Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises his right of withdrawal, he will notify the entrepreneur within the reflection period by means of the withdrawal form or otherwise unambiguously.
As quickly as possible, but within 14 days from the day following the notification referred to the “returns” chapter, the consumer returns the product, or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. In any case, the consumer has complied with the return period if he returns the product before the reflection period has expired.
The consumer returns the product with all accessories, if reasonably possible in its original state and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lieswith the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
he has not explicitly agreed to the commencement of the agreement prior to the delivery before the end of the reflection period;
he has not acknowledged to lose his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements will be dissolved by operation of law.

If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear the costs for return.
If the consumer rescinds after having explicitly requested that the provision of the service or the supply of gas, water or electricity that are not ready for sale starts in a limited volume or quantity during the reflection period, the consumer is the entrepreneur amount that is proportional to that part of the obligation that the entrepreneur has fulfilled at the moment of revocation, compared with the full fulfillment of the obligation.
The consumer does not incur any costs for the execution of services or the supply of water, gas or electricity, which have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon revocation or the model form for withdrawal, or;
the consumer has not expressly requested the commencement of the execution of the service or delivery of gas, water, electricity or district heating during the reflection period.
The consumer shall bear no costs for the full or partial delivery of digital content not supplied on a tangible medium if:
he has not explicitly agreed to the commencement of the agreement prior to the delivery before the end of the reflection period;
he has not acknowledged to lose his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
If the consumer exercises his right of withdrawal, all supplementary agreements will be dissolved by operation of law.

Exclusion of right of withdrawal

Sometimes there is no right of withdrawal for you as a consumer, but that must be clearly stated by us and before the contract is concluded. This concerns among other things:

Products or services whose price is subject to fluctuations in the financial market on which we have no influence and which may occur within the withdrawal period.
Agreements that are concluded during a public auction. Products purchased on an internet auction do not, in principle, fall under this. However, the right of withdrawal applies.
Services provided, but only if:
the execution has begun with the express prior consent of you; and
You have stated that you will lose your right of withdrawal after we have fully executed the agreement within the reflection period.
Products that are made on the basis of your specifications, that are not prefabricated and that are manufactured on the basis of your individual choice or decision, or that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life.
Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery.
Products that are irrevocably mixed with other products by their nature after delivery.
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery.
Loose newspapers, magazines or magazines, with the exception of subscriptions to this.
The delivery of digital content other than on a tangible medium, but only if:
the execution has begun with your explicit prior consent; and
you stated that you will lose your right of withdrawal

Payment

Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the commencement date, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay in advance more than 50%. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the trader of the late payment and the trader has given the consumer a period of 14 days to still fulfill his payment obligations, after the consumer has failure to pay within this 14-day period, the legal interest owed on the amount owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500, =; 10% over the next € 2,500, = and 5% over the next € 5,000, = with a minimum of € 40, =. The entrepreneur may deviate from the aforementioned amounts and percentages for the benefit of the consumer.

Delivery and execution

The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without penalty and the right to compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount that the consumer has paid.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative,unless expressly agreed otherwise.

Product-responsibility 

Ball Out is not responsible for accidents of clients with the product. 

Cookies

We employ the use of cookies. By using BallOut’s website you consent to the use of cookies inaccordance with BallOut’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, BallOut and/or it’s licensors own the intellectual property rights for all material on BallOut. All intellectual property rights are reserved. You may view and/or print pages from http://www.balloutstore.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  1. Republish material from https://www.balloutstore.com
  2. Sell, rent or sub-license material from https://www.balloutstore.com
  3. Reproduce, duplicate or copy material from https://www.balloutstore.com

Redistribute content from BallOut (unless content is specifically made for redistribution).

Hyperlinking to our Content

  1. The following organizations may link to our Web site without prior written approval:
    1. Government agencies;
    1. Search engines;
    1. News organizations;
    1. Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
    1. Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
  2. These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
  3. We may consider and approve in our sole discretion other link requests from the following types of organizations:
    1. commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    1. dot.com community sites;
    1. associations or other groups representing charities, including charity giving sites,
    1. online directory distributors;
    1. internet portals;
    1. accounting, law and consulting firms whose primary clients are businesses; and
    1. educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@balloutstore.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator (Web address) being linked to; or
  3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.

No use of BallOut’s logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  1. limit or exclude our or your liability for death or personal injury resulting from negligence;
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  3. limit any of our or your liabilities in any way that is not permitted under applicable law; or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Credit & Contact Information

If you have any queries regarding any of our terms, please contact us.

If you would like to return a product please contact us on support@balloutstore.com