Terms and Conditions

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 basket;

• 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 control, the provisions under “Delivery” apply.

Prices, Shipping Costs, Customs and Return Costs

All prices shown to consumers for deliveries to the United Kingdom are the final prices applicable to the order, including applicable taxes where required.

Orders to the United Kingdom are shipped on a Delivered Duty Paid (DDP) basis where indicated in the online shop. Customs clearance and applicable import duties and charges are handled by BADESOFA so that customers are not required to pay additional import duties upon delivery, unless expressly stated otherwise before the order is placed.

Any shipping costs are displayed in the online shop. The total price, including applicable taxes and shipping costs, is shown before the customer submits the order.

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

Payment

The payment methods currently available are displayed during checkout.

Any mandatory consumer rights relating to payments 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 without undue delay and no later than 30 days after the contract is concluded, unless otherwise agreed.

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.

Cancellation Rights and Customer Service

Statutory Cancellation Period and Extended Cancellation Right

Consumers purchasing goods online generally have a statutory right to cancel the contract without giving a reason.

For goods, the statutory cancellation period ends 14 days after 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 several goods ordered together are delivered on different days, the statutory cancellation period generally runs from receipt of the last item.

In addition to the statutory 14-day cancellation period, BADESOFA voluntarily provides consumers with an extended cancellation period of a total of 30 days from receipt of the goods.

To exercise the right to cancel, the consumer must inform BADESOFA of the decision to cancel 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 cancellation conveniently through our online cancellation and returns portal.

Online Cancellation and Returns Portal

The consumer may also use the statutory model withdrawal form. Use of the form is not mandatory.

Withdrawal Form

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

Where cancellation is submitted electronically through our online cancellation function, BADESOFA will acknowledge receipt electronically without undue delay.

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

Effects of Cancellation

If the consumer cancels 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 using 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.

Where BADESOFA has not offered to collect the goods, 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.

The reimbursement will be made without undue delay and, where goods are returned by the consumer, no later than 14 days after BADESOFA receives the goods back or the consumer provides evidence that they have sent them back, whichever is earlier.

After notifying BADESOFA of the cancellation, the consumer must return the goods without undue delay and no later than 14 days after notifying BADESOFA of the cancellation.

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 service 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 the consumer’s statutory cancellation rights or rights in respect of faulty goods.

Consumer Rights and Faulty Goods

Nothing in these Terms and Conditions affects the consumer’s statutory rights under the Consumer Rights Act 2015 or other applicable consumer legislation.

Goods supplied by BADESOFA must, among other things, be:

• of satisfactory quality;

• fit for any particular purpose made known to BADESOFA where the law requires this; and

• as described.

30-Day Short-Term Right to Reject

Where goods do not conform to the contract, the consumer may have a statutory short-term right to reject them.

For most goods, this right generally lasts for 30 days beginning after the relevant statutory conditions, including delivery of the goods, have been met.

Where the statutory right to reject applies, the consumer may reject the faulty goods and receive a refund in accordance with the Consumer Rights Act 2015.

BADESOFA bears the reasonable costs of returning goods that are validly rejected under these statutory rights.

Repair or Replacement

Where applicable, the consumer may require BADESOFA to repair or replace goods that do not conform to the contract.

Repair or replacement will be carried out:

• within a reasonable time;

• without significant inconvenience to the consumer; and

• at no necessary cost to the consumer, including necessary postage, labour and materials.

A particular remedy does not have to be provided where it is impossible or disproportionate compared with the alternative remedy, subject to the consumer’s statutory rights.

Price Reduction or Final Right to Reject

Where repair or replacement is unavailable, unsuccessful or cannot be provided within a reasonable time and without significant inconvenience, the consumer may, where the statutory conditions are satisfied, be entitled to an appropriate price reduction or to exercise the final right to reject the goods.

These statutory rights are separate from BADESOFA’s voluntary 30-day cancellation policy.

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

Complaints

Complaints concerning an order, a product or the 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 aim to 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.

BADESOFA is not currently committed to participating in an alternative dispute resolution scheme in the United Kingdom unless required by applicable law.

Any statutory rights of the consumer 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 it would be unlawful to do so.

In particular, nothing in these Terms and Conditions excludes or limits liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation;

• wilful misconduct or gross negligence where liability cannot lawfully be limited;

• breach of obligations for which liability cannot legally be excluded; or

• any statutory consumer rights.

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 the United Kingdom, this choice of law does not deprive the consumer of the protection afforded by mandatory consumer law that would otherwise apply.

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 BADESOFA® 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 service team will be happy to assist with questions regarding the remaining balance of a Gift Card.

(2) Delivery

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

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

If the email address cannot be verified or delivery cannot be completed, BADESOFA may suspend delivery until the matter has been clarified.

(3) Redemption

BADESOFA® Gift Cards may be redeemed during checkout.

Gift Card balances cannot be exchanged for cash and do not earn interest, 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 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.

(5) Cash Redemption

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

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

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

Where the consumer exercises a cancellation 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 be credited back to the Gift Card.

Any additional amount originally paid using another payment method will be refunded using the original payment method unless otherwise agreed.

Please see “Cancellation Rights 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.