Terms of service.

The website at www.balikahomes.com and all associated digital platforms, social media accounts and mobile applications (together, Website) and the Website’s contents, products, materials and services are owned, operated and provided by BALIKA HOMES.  

The terms and conditions set out in this document and any additional disclaimers, policies and legal notices displayed on our Website from time to time (together, Terms and Conditions) govern and explain how you may use the Website and the Services. 

It is important that you read and understand these Terms and Conditions. By accessing any information on our Website or using the Services, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether or not you are a visitor simply browsing the Website or are using the Services (together, users). 

You acknowledge and agree that the use of the Website and Services is at your own risk and that using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of the Terms and Conditions, and your use of the Website and Services may be terminated in accordance with the provisions below. 

If you are under the age of eighteen (18), you must obtain your parent’s or guardian’s prior consent to use the Website and Services.  

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

1. Scope

The following terms and conditions apply to all orders via our online shop by consumers and entrepreneurs.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.

The Website and Services aim to provide a source of information, education, and community for individuals via courses, programs, tools, resources and templates. The information, videos, images, content, and material contained in or available through the Website and Services, are provided for general information purposes only. None of the content on this Website represents or warrants that any method or service is appropriate or effective for every business or individual. All information provided by us is provided in good faith, though we make no guarantees of any specific result from the use of the Website or Services. We derive our information from sources that we believe to be accurate and up to date as at the date of publication, however we do not make any representations or warranties that the information we provide is reliable, current, or complete at all times. Your reliance on any of the information on this Website is solely at your own risk, and we make no guarantees as to the suitability, outcome, or results.

2. Contractual partners, conclusion of contract, correction options

The purchase contract is concluded with Anna Rangel Martinez.

The presentation of the products in the online shop does not represent a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the steps provided for this purpose in the ordering process and use the explained correction aids. By clicking the order button, you submit a binding offer for the goods contained in the shopping cart. The receipt of your order will be confirmed by e-mail immediately after the order has been sent.

We accept your offer within two days by

•  we issue a declaration of acceptance in a separate e-mail or

•  if applicable, the payment transaction is carried out by our service provider or the selected payment service provider. The execution time of the payment transaction depends on the selected payment method (see under "Payment").

The alternative that is relevant to you depends on which of the listed events occurs first.

3. Contract language, contract text storage

The language(s) available for the conclusion of the contract: English

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of Delivery

If you've ordered a digital product like a template, e-book, or other digital resource from us, it will be delivered to you digitally. For physical products, we offer international shipping. The shipping costs will be displayed during the checkout process.

5. Payment

The following payment methods are generally available in our shop:

Credit card via Stripe

In cooperation with the payment service provider Stripe, they accept these payment methods:

• Visa (credit and debit cards)

• MasterCard (credit and debit cards)

• American Express

• Discover (US merchants only)

• Diner's Club

• JCB

• Afterpay or Clearpay

• Apple Pay

When placing the order, enter your credit card details. After your legitimation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

SEPA direct debit via Stripe

In cooperation with the payment service provider Stripe, we offer you SEPA direct debit as a payment method. By submitting the order, you give us a SEPA direct debit mandate. We will inform you about the date of the account debit (so-called pre-notification). By submitting the SEPA direct debit mandate, we ask our bank to initiate the payment transaction. The payment transaction will be carried out automatically and your account will be debited. The account will be debited before the goods are shipped. The period for advance notification of the date of the account debit (so-called pre-notification period) is one bank day.

PayPal

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, identify yourself with your access data and confirm the payment order. The payment transaction is carried out by PayPal after the goods have been shipped. You'll get more information during the ordering process.

6. Right of Withdrawal

Consumers are entitled to the statutory right of cancellation, as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Retention of title​​​​​​​

The goods remain our property until full payment.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance - regardless of whether the reserved goods are combined or mixed with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations. We will release the securities to which we are entitled at your request insofar as the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

8. Damage in transit

The following applies to consumers: If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

The following applies to entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment.

9. Warranty and Guarantees

Right to Liability for Defects

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health

• in the event of intentional or grossly negligent breach of duty or fraudulent intent

• in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

• as part of a guarantee promise, if agreed, or

• as far as the area of ​​application of the Product Liability Act is open.

Restrictions on Entrepreneurs

With regard to entrepreneurs, only our own information and the product descriptions of the manufacturer that were included in the contract apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements. For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk.

The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.
regulations for merchants

The obligation to examine and give notice of defects regulated in Section 377 of the German Commercial Code (HGB) applies to merchants. If you omit the notification regulated there, the goods are deemed to have been approved, unless there is a defect that was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

Guarantees and Customer Service

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: "You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 6:00 p.m. on the telephone number 
+49 15227633752 or by e-mail: info@balikahomes.com."

10. Optional Tools

We might grant you access to third-party tools, but we do not oversee or control them in any way.

By using these tools, you acknowledge that they are provided "as is" and "as available," without any warranties, representations, or conditions, and without our endorsement. We bear no responsibility for any issues arising from your use of these optional third-party tools.

Your use of any optional tools provided through the site is entirely at your own risk and discretion. It's important to review and agree to the terms set by the relevant third-party provider(s) before using these tools.

Additionally, we may introduce new services or features through the website in the future, such as new tools or resources. These new offerings will also be governed by these Terms of Service.

11. Third-Party-Links

Some of the content, products, and services accessible through our Service may incorporate materials provided by third parties.

Links to third-party websites on this site may lead you to websites that are independent of ours. We do not oversee or assess the content or accuracy of these websites, and we do not guarantee or assume any liability for the materials or websites of third parties, nor for any other materials, products, or services they offer.

We are not responsible for any damages or losses arising from the purchase or use of goods, services, content, resources, or any other transactions conducted through third-party websites. It is advisable to carefully review the policies and practices of third parties and ensure you understand them before engaging in any transactions. Any complaints, claims, concerns, or inquiries regarding third-party products should be directed to the respective third party.

12. Errors, Inaccuracies and Omissions

From time to time, there may be instances of typographical errors, inaccuracies, or omissions in the information presented on our site or within the Service. This might include product descriptions, pricing details, promotions, shipping charges, delivery times, and product availability. Please note that we retain the right to rectify any such errors, inaccuracies, or omissions. Additionally, we may modify or update information, or cancel orders if necessary, without prior notice, should any information within the Service or on related websites prove to be inaccurate.

While we strive to provide accurate and up-to-date information, we are not bound to regularly update, amend, or clarify the content within the Service or on related websites, unless required by law. Therefore, the absence of a specified update or refresh date within the Service or on related websites does not imply that all information has been revised or updated.

13. Prohibited Uses

Beyond the limitations outlined in our Terms of Service, you are prohibited from engaging in the following activities on our site or with its content: (a) engaging in unlawful activities; (b) soliciting others to participate in unlawful acts; (c) violating any applicable laws or regulations; (d) infringing upon our intellectual property rights or those of others; (e) engaging in discriminatory behavior based on various factors; (f) providing false or deceptive information; (g) distributing viruses or malicious code; (h) collecting personal information from others without consent; (i) engaging in spamming or unauthorized data collection methods; (j) using the site for obscene or immoral purposes; or (k) attempting to bypass security features. We reserve the right to terminate your access to the Service or related websites if you violate any of these prohibitions.

14. Disclaimer of Warranties; Limitation of Liability

We cannot ensure that your experience with our service will always be smooth, timely, secure, or free of errors.
There's no guarantee that the outcomes derived from using the service will be precise or dependable.

You acknowledge that occasionally we may need to suspend the service for undefined periods or terminate it altogether without prior notice.

By using the service, you explicitly accept that any risks associated with its use are solely your responsibility. The service, along with all products and services provided to you through it, are offered "as is" and "as available," without any explicit or implicit warranties or conditions, including but not limited to warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement, unless explicitly stated otherwise by us.

Under no circumstances shall BALIKA HOMES, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be held liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any nature, including, without limitation, lost profits, revenue, savings, data, replacement costs, or similar damages, whether arising from contract, tort (including negligence), strict liability, or otherwise, due to your use of the service or any products obtained through it, or any other claim related to your use of the service or any product, including, but not limited to, errors or omissions in content, or any loss or damage resulting from the use of the service or any content (or product) posted, transmitted, or made available via the service, even if we have been advised of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not permitted, our liability shall be limited to the maximum extent permitted by law.

15. Indemnification

By using our service, you pledge to protect, indemnify, and hold BALIKA HOMES, as well as our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claims or demands, including reasonable legal fees, made by any third party as a result of or arising from your violation of these Terms of Service or any documents referenced within them, or your infringement of any law or the rights of a third party.

16. Severability

If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that provision will still be enforced to the fullest extent permitted by law, and the unenforceable part will be considered severed from these Terms of Service. This determination will not affect the validity and enforceability of the remaining provisions.

17. Termination

The responsibilities and obligations of both parties prior to the termination date will continue after the termination of this agreement for all intents and purposes.

These Terms of Service are effective unless and until terminated by either you or us. You can end these Terms of Service at any time by informing us that you no longer wish to use our Services, or by discontinuing your use of our site.

If, at our sole discretion, we determine that you have failed to comply with any term or provision of these Terms of Service, or if we suspect such failure, we may terminate this agreement at any time without prior notice. You will still be responsible for any outstanding amounts up to and including the date of termination. Furthermore, we may deny you access to our Services (or any part thereof).

18. Entire Agreement

Our failure to enforce any right or provision of these Terms of Service shall not be considered a waiver of such right or provision.

These Terms of Service, along with any policies or operational guidelines posted by us on this site or concerning the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. They supersede any previous or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any uncertainties in the interpretation of these Terms of Service shall not be construed against the party responsible for drafting them.

19. Governing Law

These Terms of Service and any separate agreements through which we provide you with Services shall be governed by and construed in accordance with the laws of germany.

20. Changes to Terms of Service

You can always review the most recent version of the Terms of Service on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and revisions to our website. It is your responsibility to periodically check our website for any changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

21. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

22. Contact Information

Questions about the Terms of Service should be send to us at info@balikahomes.com