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 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, Taxes and Import Charges

Prices for the Australian market are displayed in Australian dollars (AUD), unless otherwise expressly stated.

Prices include applicable Australian GST where required by law.

Any shipping costs are displayed in the online shop. The total price payable by the customer is shown before the order is submitted.

Orders to Australia are shipped from Germany unless otherwise stated.

Where the online shop states that customs clearance, duties or import charges are handled by BADESOFA, the customer will not be required to pay additional customs clearance charges or import duties upon delivery.

If any different arrangement applies to a particular order, this will be clearly stated before the customer places the order.

Payment

The payment methods currently available are displayed during checkout.

Any mandatory rights of the customer under applicable consumer law remain unaffected.

Set-off against claims of BADESOFA may be restricted to the extent permitted by applicable law.

Delivery

The applicable delivery time is stated on the relevant product page, shipping information page or during checkout.

BADESOFA will make reasonable efforts to deliver within the stated delivery period.

Where a delay occurs after the contract has been concluded, BADESOFA will inform the customer as soon as reasonably practicable.

If BADESOFA is permanently unable to supply an ordered product due to circumstances beyond its reasonable control, BADESOFA may cancel the affected part of the order where permitted by law.

The customer will be informed and any payment received for goods that cannot be supplied will be refunded without undue delay.

Change of Mind Returns

Voluntary 30-Day Return Policy

Australian Consumer Law does not generally require a business to provide a refund or replacement simply because a customer has changed their mind.

Independently of the customer’s statutory rights, BADESOFA voluntarily offers Australian customers a 30-day change of mind return period.

The 30-day period begins on the day the customer receives the goods.

To request a return from Australia, please contact our Customer Care Team within this period at:

hello@badesofa.de

Our team will provide the relevant return instructions.

Products returned under the voluntary change of mind policy must be returned in a condition that allows BADESOFA to accept the return under the conditions communicated at the time of purchase and on our returns information pages.

The customer may inspect the goods to determine their nature, characteristics and suitability. Products showing use beyond what is reasonably necessary for such inspection may not qualify for a voluntary change of mind return.

Any specific hygiene requirements or product-specific return conditions communicated on the relevant product page or return information page must also be observed.

For change of mind returns from Australia, return shipping costs are not automatically covered by BADESOFA unless BADESOFA expressly confirms otherwise.

Please contact our Customer Care Team before returning the goods so that we can provide the appropriate return instructions.

Where the entire order is validly returned under our voluntary return policy, any refund of the original standard shipping charge will be handled in accordance with the return policy communicated in the online shop.

The voluntary return policy does not limit any rights or remedies available to consumers under the Australian Consumer Law.

Return Address

Unless BADESOFA provides different instructions, returns should be sent to our logistics partner:

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

Customers should contact us before sending a return from Australia:

hello@badesofa.de

Australian Consumer Law

Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.

The Australian Consumer Law applies to goods supplied by BADESOFA directly to consumers in Australia.

Consumer Guarantees

Goods supplied to consumers in Australia are subject to statutory consumer guarantees.

Among other things, goods must:

• be of acceptable quality;

• be fit for any disclosed purpose where the law requires this;

• match their description;

• match any sample or demonstration model where applicable;

• comply with any applicable express warranties; and

• be supplied with the title and other rights required by law.

These consumer guarantees apply regardless of any additional voluntary warranty or return policy offered by BADESOFA.

They are not limited to a specific warranty period. How long a consumer guarantee applies depends on factors including the nature, price, quality and expected durability of the product.

Major Problems

A product may have a major problem where, for example:

• it is unsafe;

• it differs significantly from its description or sample;

• it has a serious problem, or several problems, that would have stopped a reasonable consumer from purchasing it had they known about them;

• it cannot be used for its normal purpose, or a purpose made known to BADESOFA, and cannot easily be fixed within a reasonable time.

Where a product has a major problem, the consumer may be entitled under the Australian Consumer Law to choose between a refund and a replacement.

The consumer may also have rights to compensation for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee.

Minor Problems

Where a product fails to meet a consumer guarantee but the problem is not major, BADESOFA may generally choose to remedy the problem within a reasonable time, for example by repairing or replacing the product where appropriate.

If the problem is not remedied within a reasonable time or cannot be remedied as required by law, the consumer may have further rights, including a refund or replacement.

Costs of Remedies under Australian Consumer Law

Where a customer is entitled to a remedy under the Australian Consumer Law, BADESOFA will comply with its obligations relating to the reasonable costs of returning, collecting, repairing, replacing or refunding the goods.

The rules relating to change of mind returns, including any return shipping costs for such returns, do not restrict these statutory rights.

How to Make an Australian Consumer Law Claim

If you believe that a product does not comply with the Australian Consumer Law, please contact:

hello@badesofa.de

Please provide your order number and a description of the issue. Where helpful, we may ask for photographs or other information reasonably necessary to assess the claim.

Our Customer Care Team will assist with the next steps.

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 change of mind returns of individual components of a set are not generally intended.

If a customer nevertheless returns part of a set under BADESOFA’s voluntary return policy and BADESOFA accepts the partial return, 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 when only part of the set is retained under the voluntary change of mind policy.

Nothing in this section limits any right or remedy available under the Australian Consumer Law, including rights relating to faulty or non-compliant goods.

Complaints

Complaints concerning an order, 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 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.

Nothing in this complaints procedure limits the customer’s rights under the Australian Consumer Law or their ability to contact an Australian consumer protection agency or other competent authority.

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 relevant contractual information are also provided electronically.

Liability

Nothing in these Terms and Conditions excludes, restricts or modifies liability or consumer rights where doing so would be unlawful.

In particular, nothing in these Terms excludes, restricts or modifies rights or remedies available under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.

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 applicable 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, where the customer is a consumer in Australia, this choice of law does not exclude, restrict or modify any rights or protections available under mandatory Australian law, including the Australian Consumer Law.

Nothing in these Terms and Conditions prevents an Australian consumer from exercising any right to bring a claim before a court, tribunal or other body 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 applicable 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 required by applicable law.

No post-supply fees are charged merely for holding or using the Gift Card, except where a charge is expressly permitted by applicable law.

(4) Validity

BADESOFA® Gift Cards supplied to Australian consumers are valid for at least three years from the date of supply.

The applicable expiry date or validity period will be displayed on the Gift Card as required by Australian law.

During the validity period, the Gift Card may be used until its 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.

(5) Cash Redemption

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

Any statutory consumer rights remain unaffected.

(6) Refunds for Goods Paid for with a Gift Card

Where a customer is entitled to a refund for goods that were paid for wholly or partly using a BADESOFA® Gift Card, the amount originally paid using the Gift Card will generally be credited back to the Gift Card, unless applicable law requires a different form of refund.

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.

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.