§1 General, Scope of Application
(1) The following general terms and conditions (GTC) govern the contractual relationship between Backyard Design and the consumers and business owners using Backyard Design’s Internet offer (hereinafter referred to as “Buyer”). The General Terms and Conditions concern the use of the website www.backyarddesignusa.com as well as all subdomains belonging to this domain. The valid version is valid at the time of the conclusion of the contract.(2) Consumers within the meaning of these terms of business are natural persons who enter into a business relationship with Backyard Design without their commercial or independent professional activity.Entrepreneurs within the meaning of these terms of business are natural and legal persons or legal persons who enter into a business relationship in the exercise of their commercial or independent professional activities with Backyard Design.
§2 Conclusion of contract(1) The offers of Backyard Design on the Internet represent a non-committal invitation to the buyer to order at Backyard Design Waren.(2) By ordering the desired object of purchase on the Internet, the buyer makes a binding offer to conclude a purchase contract.If sponsor logos of protected trademarks are incorporated at the customer’s request, the customer must have the right to use on request.(3) Backyard Design shall be entitled to accept this offer within 1-2 business days by sending an order confirmation. The order confirmation is transmitted by firstname.lastname@example.org. After expiry of the deadline specified in sentence 1, the offer shall be deemed to be rejected.
§3 Payment, due date, default of payment(1) The payment of the goods is made in advance. We reserve the right to accept or exclude specific payment methods in the individual case.(2) In the event of payment in advance, the buyer undertakes to pay the purchase price immediately after conclusion of the contract and the production of induvidualized products begins.(3) If the buyer is in default of payment, he is responsible for any negligence. He shall also be liable for accident on account of the performance, unless the damage would have occurred even in the case of timely performance.(4) The purchase price is to be paid interest during the delay. The interest rate is five percentage points above the base rate for the year. In the case of transactions in which a consumer is not involved, the interest rate is eight percentage points above the base rate.(5) The assertion of further damage is not excluded.
§4 Delivery(1) The delivery is effected by sending the object of purchase to the address notified by the buyer.(2) The cost of shipping the item of purchase depends on the weight and type of shipment from 3,99 â,¬ to 19,99 â,¬ and must be borne by the buyer. For foreign deliveries the price for packaging and shipping is calculated separately by weight, unless otherwise stated. If the buyer desires a special type of dispatch which involves higher costs, he also has to bear these extra costs.(3) If Purchaser acquires the object of purchase for his commercial or professional activity, the risk of accidental destruction and the accidental deterioration of the object of purchase shall be transferred to him as soon as Backyard Design has purchased the object of purchase from the freight forwarder, freight carrier or person otherwise destined to carry out the dispatch Or institution.
§5 Reservation of title The purchase item remains the property of Backyard Design until complete payment. A transfer, transfer, transfer or transformation without the express consent of Backyard Design is prohibited.
§6 Prices The price for the purchased item stated in the respective offer is understood as the final price including any VAT and other price components. The price does not include shipping and handling.
§7 Cancellation (1) Backyard Design is entitled to withdraw from the contract also in respect of an outstanding part of the delivery or performance if false information about the creditworthiness of the buyer has been made or objective reasons regarding the insolvency of the buyer have arisen, eg the opening of insolvency proceedings The buyer’s assets or the dismissal of such a procedure for lack of cost-covering assets. Prior to withdrawal, the buyer is given the possibility to make an advance payment or to provide a suitable security. (2) Without prejudice to any claims for damages, partial services already rendered in the event of partial withdrawal shall be settled and paid in accordance with the contract. (For bike designs as well as Helmet Wraps with $50, for backgrounds $25
§8 Warranty (1) Guarantee against consumers A) Backyard Design warrants that the purchased item is free of defects upon delivery. If, within two months from the date of delivery of the object of purchase, a deficiency in the goods occurs, it is assumed that the latter was already deficient in the case of delivery, unless this presumption is incompatible with the nature of the object of purchase or of the defect. If the defect of the goods is not known until the expiry of two months, the buyer must prove that the defect in the goods already existed at the time of delivery of the purchase item. B) If the object of purchase is defective in the case of delivery, the buyer has the choice whether the supplementary performance is to be carried out by means of rework or replacement delivery. Backyard Design is entitled to refuse the type of supplementary performance selected if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the buyer. C) If the supplementary performance fails, the purchaser may, at his discretion, demand a reduction of the purchase price (reduction) or cancellation of the contract (withdrawal) and damages. In the case of minor defects, the purchaser is not entitled to rescind the contract. (2) Ensuring the right to business A) If the purchase for Backyard Designand the buyer is a commercial transaction, the buyer must immediately examine the delivered goods for quality and quantity variance and to notify Backyard Design in writing of any obvious defects within a period of 5 days from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Concealed defects are to be indicated backyard design within a period of 5 days, from discovery in writing. Deadline is sufficient for the timely dispatch. In this case, the purchaser shall bear the full burden of proof for all claims, in particular for the defect itself, for the time of the discovery of the defect and for the punctuality of the defect. B) In the case of defects, Backyard Design shall, at its own discretion, make a warranty by repair or replacement delivery. (3) The buyer’s claims due to defects become statute barred in one year. (4) If Backyard Design provides a defect-free purchase item for the purpose of supplementary performance, Backyard Design may demand reimbursement of the defective item of purchase from the buyer. (5) Damage caused by improper or non-contractual measures by the purchaser during installation, connection, operation or storage does not constitute a claim against Backyard Design.
§9 Limitation of liability(1) Backyard Design shall only be liable for damages other than those caused by injury to life, body or health, insofar as these damages are based on intentional or gross negligence or on the basis of a breach of a fundamental contractual obligation by Backyard Design or its vicarious agents. The contract is essentially an obligation which the proper execution of the contract is only possible in the first place and that the purchaser can regularly rely on its compliance. Any further liability for damages is excluded. Claims from a guarantee given by Backyard Design regarding the quality of the purchased item and the Product Liability Act shall remain unaffected.(2) According to the present state of the art, data communication over the Internet can not be ensured without errors and / or at any time available. We are therefore not liable for the availability of our Internet shop at any time. §10 Choice of law, jurisdiction(1) All disputes arising from this legal relationship shall be governed by the law of the Federal Republic of Germany. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded.(2) If the buyer is a merchant, a legal person of public law or a public special fund, exclusive jurisdiction for all disputes arising from this contract is the domicile of Backyard Design. This shall be the case if the purchaser has no general court of jurisdiction in Germany or if the place of residence or habitual residence is not known at the time the action is brought. § 11 Severability clauseShould any provision of these General Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these General Terms and Conditions shall remain unaffected thereby, unless a contractual party is unreasonably disadvantaged by the omission of individual clauses, so that it can no longer be held liable to the contract .End of the General Terms and Conditions