Terms and Conditions

These Terms and Conditions apply to customers in European Union countries for which BADESOFA does not provide separate country-specific Terms and Conditions.

Where mandatory consumer protection provisions of the country in which the consumer has their habitual residence provide additional or more favourable rights, those rights remain unaffected.

Contracting Party

These Terms and Conditions apply to contracts between the customer and:

BADESOFA® Interior Design GmbH
represented by Natalie Steger and Annika Götz
Friesenstraße 50
50670 Cologne
Germany

Email: hello@badesofa.de
Telephone: +49 221 17074574

Commercial Register: Amtsgericht Köln, HRB 104616
VAT ID: DE346974629

– hereinafter referred to as “BADESOFA” or the “Seller” –

and the customer.

Subject Matter of the Contract

These Terms and Conditions govern the sale of new goods offered through the BADESOFA online shop.

The main characteristics and further details of each product are set out in the relevant product description on the respective product page.

Formation of the Contract

The contract is concluded electronically through the online shop.

The products displayed in the online shop constitute an invitation to the customer to place an order. By placing an order, the customer submits a binding offer to enter into a purchase contract.

The ordering process includes, in particular, the following steps:

• selection of the desired product, including size, colour and quantity where applicable;

• adding the product to the shopping cart;

• proceeding to checkout;

• entering the billing and delivery address;

• selecting an available payment method;

• reviewing and, where necessary, correcting the order and the information entered;

• submitting the binding order using the relevant order button.

The purchase contract is concluded when BADESOFA sends the order confirmation by email.

Retention of Title

The goods remain the property of BADESOFA until payment has been received in full.

If an ordered product becomes permanently unavailable for reasons beyond BADESOFA’s reasonable control, the provisions under “Delivery” apply.

Prices, Shipping Costs and Return Costs

All prices shown to consumers within the European Union are final prices and include the applicable VAT.

Any shipping costs are displayed in the online shop.

The total price, including VAT and any applicable shipping costs, is shown before the customer submits the order.

Where a consumer exercises a right of withdrawal, BADESOFA bears the cost of the return in accordance with the provisions below.

Payment

The payment methods currently available are displayed during checkout.

Mandatory consumer rights relating to payment remain unaffected.

A customer’s right to withhold payment that does not arise from the same contractual relationship may be excluded to the extent permitted by law.

Set-off against claims of BADESOFA is excluded unless the customer’s counterclaim is undisputed or has been finally determined by a court.

Delivery

The delivery time varies depending on the product and is stated on the relevant product page or during checkout.

BADESOFA will deliver within the delivery period agreed with the customer.

Where no specific delivery period has been agreed, the goods will be delivered within the period required by applicable law.

If a delay occurs after the contract has been concluded, BADESOFA will inform the customer.

If BADESOFA is permanently unable to deliver due to circumstances beyond its reasonable control, including force majeure or failure of a supplier to deliver despite a timely corresponding procurement arrangement, BADESOFA may terminate the affected part of the contract where permitted by law.

The customer will be informed without undue delay and any payments already received in respect of the affected goods will be refunded.

Right of Withdrawal and Customer Service

Statutory Withdrawal Period and Extended Withdrawal Right

Consumers purchasing goods online generally have a statutory right to withdraw from the contract without giving a reason within 14 days.

For the purchase of goods, the statutory withdrawal period generally begins on the day on which the consumer, or a third party nominated by the consumer other than the carrier, takes physical possession of the goods.

Where mandatory law in the consumer’s country of residence provides a longer statutory period or additional withdrawal rights, those rights remain unaffected.

In addition to the statutory withdrawal period, BADESOFA voluntarily provides consumers with an extended withdrawal period of a total of 30 days from receipt of the goods.

To exercise the right of withdrawal, the consumer must inform BADESOFA of the decision to withdraw by means of a clear statement.

This may be done by email or by post:

BADESOFA® Interior Design GmbH
Friesenstraße 50
50670 Cologne
Germany

Email: hello@badesofa.de
Telephone: +49 221 17074574

The consumer may submit the withdrawal conveniently through our online cancellation and returns portal.

Online Cancellation and Returns Portal

The consumer may also use the model withdrawal form provided by BADESOFA. Use of the form is not mandatory.

Withdrawal Form

Alternatively, the consumer may provide any other clear statement of withdrawal by email or post.

Where a withdrawal is submitted electronically, BADESOFA will acknowledge receipt electronically without undue delay.

To meet BADESOFA’s voluntarily extended 30-day withdrawal period, it is sufficient for the consumer to send the withdrawal notice before the 30-day period following receipt of the goods has expired.

Effects of Withdrawal

If the consumer withdraws from the contract, BADESOFA will reimburse all payments received from the consumer, including the cost of the least expensive standard delivery option offered by BADESOFA.

Any additional delivery costs resulting from the consumer choosing a delivery method other than the least expensive standard delivery offered by BADESOFA will not be reimbursed.

The reimbursement will be made without undue delay and no later than 14 days after BADESOFA has been informed of the consumer’s decision to withdraw.

BADESOFA will use the same means of payment used for the original transaction unless the consumer has expressly agreed otherwise.

No fee will be charged for the reimbursement.

BADESOFA may withhold reimbursement until the goods have been received back or until the consumer provides evidence that the goods have been sent back, whichever occurs first.

After notifying BADESOFA of the withdrawal, the consumer must return the goods without undue delay and no later than 14 days after notifying BADESOFA of the withdrawal, unless mandatory local law provides otherwise.

BADESOFA bears the cost of the return.

The consumer may register the return through our returns portal and obtain a return label.

Returns Portal

The consumer is responsible only for any reduction in the value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Returns should be sent exclusively to our logistics partner:

ONTARO GmbH
c/o BADESOFA®
Emil-Hoffmann-Str. 15
50996 Cologne-Rodenkirchen
Germany

Our Customer Care Team can be contacted at:

hello@badesofa.de

We generally respond within 48 hours and no later than five working days.

Returns of Set Offers

Where several products are sold together at a discounted total price (“Set Price”), the discount applies to the complete set.

Partial returns of individual components of a set are not generally intended.

If the consumer nevertheless returns part of a set and such a partial return is legally permitted, the set discount will be recalculated.

The price of the product retained by the customer will then be adjusted to its regular individual selling price without the set discount.

The refund will be calculated as follows:

Refund amount = Set Price paid – regular individual price of the product retained.

The customer is not entitled to retain a proportional share of the set discount where only part of the set is retained.

Nothing in this section limits any statutory consumer rights, including withdrawal and conformity rights.

Statutory Guarantee and Conformity

Consumers are entitled to receive goods that conform to the contract.

Goods must meet the requirements of applicable consumer law, including requirements relating to quality, description, fitness for purpose and durability.

Under EU consumer law, consumers generally benefit from statutory conformity rights for at least two years from delivery.

Some EU Member States provide longer periods or additional rights. Where mandatory consumer law in the consumer’s country of habitual residence provides more favourable protection, those rules remain unaffected.

If goods do not conform to the contract, the consumer is entitled to remedies provided by applicable law.

Depending on the circumstances, these may include:

• repair;

• replacement;

• an appropriate price reduction; or

• termination of the contract and reimbursement.

Repair or replacement will be provided without cost to the consumer where required by law and within a reasonable period without significant inconvenience.

Any commercial guarantee provided by BADESOFA or a manufacturer is additional to and does not replace or limit statutory consumer rights.

Complaints

Complaints concerning an order, product or performance of the contract may be submitted to:

hello@badesofa.de

or in writing to:

BADESOFA® Interior Design GmbH
Friesenstraße 50
50670 Cologne
Germany

We generally respond within 48 hours and no later than five working days.

If additional time is required to investigate a complaint, we will inform the customer.

Any mandatory rights relating to consumer dispute resolution in the consumer’s country of habitual residence remain unaffected.

Contract Records

BADESOFA stores information relating to the contract and order.

Customers who have created a customer account may access information relating to their orders through their account.

The order confirmation and contractual information are also provided electronically in a form that the customer can retain.

Liability

BADESOFA does not exclude or limit liability where doing so would be unlawful.

In particular, nothing in these Terms and Conditions limits statutory consumer rights or liability that cannot lawfully be excluded or restricted.

Subject to mandatory law, BADESOFA’s liability may otherwise be limited in accordance with applicable law.

Assignment

Rights or claims of the customer against BADESOFA may only be assigned or transferred to the extent permitted by law.

Nothing in this provision restricts any consumer right that cannot lawfully be restricted.

Language, Governing Law and Jurisdiction

These Terms and Conditions are written in English.

The contract is governed by the law of the Federal Republic of Germany.

However, if the customer is a consumer habitually resident in another country, this choice of law does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

Nothing in these Terms and Conditions restricts a consumer’s statutory right to bring proceedings before a court having jurisdiction under applicable law.

For customers acting in the course of a trade or business, the courts at BADESOFA’s registered office shall have jurisdiction to the extent permitted by law.

BADESOFA® Gift Cards

(1) General

BADESOFA® Gift Cards are prepaid vouchers available for purchase.

By purchasing a BADESOFA® Gift Card, the customer accepts the provisions of these Terms and Conditions relating to Gift Cards.

BADESOFA® Gift Cards may be purchased and redeemed through the BADESOFA® online shop.

A Gift Card may be used to pay all or part of the total value of an order.

If the balance of a Gift Card is insufficient to pay for the entire order, the remaining amount may be paid using one of the payment methods offered during checkout.

Our Customer Care Team will be happy to assist with questions regarding the remaining Gift Card balance.

(2) Delivery

When ordering a BADESOFA® Gift Card, the customer must provide a valid email address.

The Gift Card will be sent electronically to the email address provided.

If delivery cannot be completed because the information provided is incorrect or incomplete, BADESOFA may suspend delivery until the matter has been clarified.

(3) Redemption

BADESOFA® Gift Cards may be redeemed during checkout.

Gift Card balances do not earn interest.

Gift Cards are not redeemable for cash except where mandatory law provides otherwise.

(4) Validity

BADESOFA® Gift Cards are valid for three years from the date of purchase.

During the validity period, the Gift Card may be used until the available balance has been fully redeemed.

The Gift Card may only be redeemed in the currency in which it was purchased unless otherwise expressly stated in the online shop.

Any mandatory national rules regarding Gift Card validity remain unaffected.

(5) Cash Redemption

BADESOFA® Gift Cards cannot be exchanged for cash except where mandatory law requires otherwise.

Any statutory rights relating to the purchase of a Gift Card remain unaffected.

(6) Returns of Goods Paid for with a Gift Card

Where the consumer exercises a withdrawal or refund right in relation to goods paid for wholly or partly using a BADESOFA® Gift Card, the amount originally paid with the Gift Card will generally be credited back to the Gift Card.

Any additional amount originally paid using another payment method will generally be refunded using the original payment method unless otherwise agreed or required by law.

Please see “Right of Withdrawal and Customer Service” for further information.

Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

Mandatory statutory rights remain unaffected.