Terms And Conditions
§ 1 Scope, Definitions
(1) Bad Boy Mowers UG (limited liability), Magdalenenweg 24, 31303 Burgdorf, Germany (hereinafter: “we” or “Bad Boy Mowers”) operates an online store for goods at the website https://badboymowers.eu. The following General Terms and Conditions apply to all transactions between us and our customers (hereinafter: “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and assume obligations.
§ 2 Formation of Contracts, Storage of the Contract Text
(1) The following provisions regarding the conclusion of contracts apply to orders placed through our online store at https://badboymowers.eu.
(2) Our product descriptions on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following provisions apply: The customer submits a binding offer to enter into a contract by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:
Selection of the desired goods,
Adding the products by clicking the corresponding button (e.g., “Add to Cart,” “Add to Shopping Bag,” or similar),
Reviewing the details in the shopping cart,
Accessing the order summary by clicking the corresponding button (e.g., “Proceed to Checkout,” “Proceed to Payment,” “View Order Summary,” or similar),
Entering/verifying address and contact information, selecting the payment method, and confirming the Terms and Conditions and Cancellation Policy,
If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
Completion of the order by clicking the “Buy Now” button. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us at the specified email address within three business days.
(4) Upon conclusion of the contract, the contract is entered into with Bad Boy Mowers UG (limited liability), Magdalenenweg 24, 31303 Burgdorf, Germany.
(5) Before placing the order, the contract details can be printed using the browser’s print function or saved electronically. The processing of the order and the transmission of all information required in connection with the conclusion of the contract, in particular the order details, the Terms and Conditions, and the cancellation policy, takes place via email after you have placed the order, in part automatically. We do not store the contract text after the contract has been concluded.
(6) Input errors can be corrected using standard keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract are carried out via email, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and, in particular, that it is not blocked by spam filters.
§ 3 Subject Matter of the Contract and Essential Characteristics of the Products
(1) In our online store, the subject matter of the contract is:
The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods are set forth in the product description. If the agreed-upon quality of the goods deviates from their usual quality and conditions of use, this will be expressly noted in the product description (negative quality agreement). To the extent that the customer has given their express consent to the negative deviation in quality, this defines the subject matter of the contract.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price must be paid in advance of the product’s delivery (prepayment), unless we expressly offer purchase on account. The payment methods available to you are listed under a corresponding button in the online store or in the respective offer. Unless otherwise specified for the individual payment methods, payment is due immediately.
(3) In addition to the listed prices, shipping costs may apply for the delivery of products, unless the respective item is marked as free shipping. The shipping costs will be clearly communicated to you again in the offers, in the shopping cart system if applicable, and in the order summary.
(4) Unless clearly stated otherwise in the product description, all products offered are only ordered from the retailer after the order is completed (and payment has been successfully received). Consequently, the delivery time is approximately 4 weeks.
(5) Delivery is available within Europe.
(6) If delivery of the goods fails for reasons attributable to you, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of the initial shipment if you effectively exercise your right of withdrawal. With regard to return shipping costs, the provisions set forth in our cancellation policy shall apply if you effectively exercise your right of withdrawal.
§ 5 Right of Retention, Retention of Title
(1) You may exercise a right of retention only to the extent that it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Contract Language
The contract language is German. As a German company, we conduct all contractual relationships on the basis of the German language; this version alone shall be legally binding.
We also provide our website and content in additional languages. These versions are provided for informational purposes only and constitute non-binding translations. In the event of any discrepancies or issues of interpretation, the German version shall prevail.
§ 8 Liability
(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for torts is limited to cases of intent or gross negligence.
2) We shall be liable without limitation in cases of slight negligence resulting in injury to life, limb, or health, or in the event of a breach of a material contractual obligation. If we have defaulted on performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property damage and financial loss is limited to the foreseeable damage typical for this type of contract. An essential contractual obligation is one whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the contract’s purpose, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and to fulfill the contractually owed performance described in § 3.
§ 9 Warranty
(1) The warranty is governed by the provisions of applicable law.
(2) For business customers, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to inspect the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, have no effect on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
