Welcome to www.badger-ben.com!
These General Terms and Conditions, including the Cancellation Policy (hereinafter referred to as “GTCs”), regulate trade via the Badger Ben online shop. This current version defines the contractual basis for each of your orders at www.badger-ben.com.
At the www.badger-ben.com online shop, goods are offered for sale to consumers as defined by § 1 para. 1 Z 2 and § 1 para. 3 of the Austrian Consumer Protection Act as well as to entrepreneurs within the meaning of § 1 para. 1 Z 1 of the Austrian Consumer Protection Act.
Badger Ben is an online shop or a client of e-commerce processes provided by niceshops GmbH. The niceshops Group specialises in designing online shops and logistical processing for various product segments in the e-commerce field. The contractual partner for orders placed via the www.badger-ben.com online shop is:
Phone number: (+43) 720 303050
(hereinafter "niceshops GmbH" or "We").
Recognition of the GTCs
Every time you place an order through www.badger-ben.com, you acknowledge these Terms and Conditions, agree to them and accept their exclusive validity.
All business relationships between you and niceshops GmbH are subject to these Terms and Conditions as they are defined in the version applicable at the time of your order. Deviations from these GTCs or any conflicting Terms and Conditions from business or purchases will not become part of this Contract.
These General Terms and Conditions can only be amended by mutual agreement if it is necessary to eliminate equivalence issues that arise subsequently, or to adapt to changes in the legal or technical framework conditions. Any subsequent amendments cannot create a disadvantage for you.
Customer Accounts and Guest Orders
You can register with the www.badger-ben.com online shop using a personal customer account, or place a "guest order" with us without using a customer account. You are responsible for ensuring that the data you provide is complete and correct at all times.
With a customer account, you can update any changes to your data in your account. You are responsible for treating your login data confidentially and protecting it from unauthorized access. If you suspect that your login data or any other data has been misused by unauthorized people, you must inform us immediately.
All product prices are total prices. These total prices include the statutory sales tax (VAT). The prices stated at the time the order is placed apply.
Payment will be made to the account specified by niceshops GmbH, based on the payment method you chose.
Occasionally, we may use technical marketing measures to offer you personalised prices or discounts based on automated decision-making. You will be informed of any personalisation with each product.
The prices of our goods or products do not include shipping costs. Once you reach a certain order value threshold, the shipping costs may be reduced. We will inform you about the shipping costs before you complete your order. Find out more about shipping costs here .
If you chose to pay using Cash on Delivery, the delivery service charges an additional fee that is paid directly to them.
We offer subscriptions for certain products. By ordering a subscription, you're instructing us to deliver the goods you subscribed to at intervals that you can select. The corresponding costs for the products and shipping will be charged with each delivery of your subscription, via the payment method you selected.
Subscriptions are unlimited and have no minimum term. After the expiry of the cancellation period, valid subscriptions can be cancelled by either party at any time, without providing a reason. To cancel your subscription, please email: email@example.com. Subscription orders that were processed before we received your cancellation notice will still be processed. You'll receive delivery confirmations for these orders.
Price adjustments: The costs of your subscriptions as well as the shipping costs may be reduced or increased under the following conditions, for future orders. We reserve the right to make price adjustments if we are affected by cost increases or cost reductions that are based on external circumstances beyond our control. Such circumstances include changes in: laws, manufacturing, supplies, shipping service providers, external service providers or subcontractors, production and licensing costs, the costs of the hardware or software we require, wage increases and general and significant changes in costs due to economic inflation or deflation. The changes we make to the prices of our goods or products only occur to the extent that our own costs for these specific goods increase or decrease.
You will be informed by email about upcoming price changes to goods that you've subscribed to, well before your next subscription order begins processing. You can object to the upcoming price changes until the end of this period by cancelling your subscription. If you do not respond to the email, we assume you are accepting the change in price.
Terms of Payment
niceshops GmbH accepts the payment options listed in the online shop.
Terms of Delivery
Delivery will be made to the delivery address or packing station you specified when you placed your order, unless otherwise agreed upon.
If you are a consumer, the risk of loss or damage to the goods only passes to you when you or a third party authorized by you (who is not the carrier) have taken possession of the goods.
The estimated delivery time is provided in the shopping basket and in the order summary. We are not responsible for any obstacles to delivery due to problems with suppliers, manufacturers, or delivery services. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances for which we are not responsible, we are entitled to withdraw from the Contract in whole or in part. We will inform you about any withdrawals immediately. Unless we can be proven to be at fault, we will not accept claims for damages in these cases. You will be informed of any delivery restrictions before the start of the ordering process.
If goods are delivered to you with obvious transport damage, we ask you to contact the delivery service and ourselves immediately. Failure to make a complaint or contact the delivery service or our customer service has no consequences for the statutory warranty claims of consumers. These serve to support our claims against the delivery service or to assert them with the insurance company.
We can add “free products” to your order on a voluntary basis. You are not entitled to free products. If you cancel the contract, the free products must also be returned with your order.
Conclusion of the Contract
Before you submit your final order, you have the opportunity to check for any mistakes and correct them as needed under the “Review Order” step of the check-out process. By clicking the "Place Order" button, you complete your order and make a binding offer to conclude your contract with niceshops GmbH. You are bound to this offer for three days. We are not obliged to accept your offer.
We will confirm receipt of your offer via the email address you provided (you'll receive a receipt or order confirmation from us). This confirmation does not constitute acceptance of your offer.
It also does not count as an acceptance of your offer if you have selected a payment method that requires you to pay in advance or immediately debits your account. We want to make these payment options available to you as a service, but it may be impossible for us to accept your offer. If, for example, we are unable to fill your order due to delivery problems or unforeseen unavailability of the goods. If we do not accept your offer, we will immediately refund the amounts you have paid in advance.
We accept offers by sending you a shipping confirmation or contract confirmation by email, or by sending you the goods you have ordered. The purchase contract is concluded with this acceptance of your offer.
Storage of the Contract Text
We store the text of your contract, i.e. the General Terms and Conditions applicable at the time of our conclusion of the contract, including the Cancellation Policy and your information from the ordering process. You will receive the text of the contract that applies to your order to the e-mail address you provided.
If you have registered for a customer account, you can track your orders and related information under the heading "My Orders".
Due Date and Retention of Title
The due date of our claims begins at the earliest with receipt of the goods and at the latest with invoicing. If the claims are not paid within fourteen days, we can demand 4% per year of statutory interest on arrears from the due date. If you are not a consumer, the amount of interest on arrears is based on Section 456 of the Austrian Commercial Code.
All goods delivered by us remain our property until we receive full payment for them. Selling the goods to a third party prior to full payment requires our prior consent.
If you have not accepted the goods as agreed upon (default in acceptance), we are entitled to store the goods, for which we can charge a storage fee of 0.1% of the gross invoice amount per calendar year or part thereof, or take legal action at your expense and risk.
This Right of Withdrawal or Cancellation Policy only applies if you place your order as a consumer.
Right of Withdrawal
The customer has the right to withdraw from this contract within 14 days without providing a reason for the withdrawal. The statutory cancellation period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. Furthermore, the contractor grants an extended 16-day right of withdrawal period. Thus, the customer has 30 days to withdraw from the contract.
In order to exercise your Right of Withdrawal, you must inform us of your decision to withdraw from this contract via a clear statement (for example, a letter sent via post, a telephone call or email).
You can use the Cancellation Form for this, but it is not mandatory. To meet the cancellation deadline, send the notification regarding your right of cancellation before the cancellation period of 30 days has expired.
The Right of Withdrawal does not apply to contracts for:
- Services if niceshops GmbH has provided the service in full. However, only if niceshops GmbH has started to fulfil the contract before the end of the withdrawal period according to § 11 Austrian FAGG, on your express request (§ 10 Austrian FAGG) and you have:
- Acknowledged that you will lose your right of withdrawal upon full performance of the contract before the start of the provision of the service, or,
- niceshops GmbH expressly requested a visit to have repair work done,
- Goods or services for which the price depends on fluctuations in the financial market over which niceshops GmbH has no influence and which may occur within the withdrawal period,
- Goods that are made according to customer specifications or are clearly tailored to personal needs,
- Goods that can spoil quickly or whose use-by date would soon be exceeded (for example, perishable food),
- Goods that are delivered sealed and are not suitable for return for health or hygiene reasons if their seal was removed after delivery (for example, hygiene or care products),
- Goods which, due to their nature, were inseparably mixed with other goods after delivery,
- Alcoholic beverages, the price of which was agreed at the time the contract was concluded, but cannot be delivered earlier than 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which niceshops GmbH has no influence,
- Sound or video recordings or computer software supplied in a sealed package, if unsealed after delivery,
- Newspapers, periodicals, or magazines except for subscriptions for the delivery of such publications,
- Non-residential accommodation services, transport of goods, hire of motor vehicles and supply of food and drink or services supplied in connection to leisure activities, provided that in each case a specific time or period of time is contractually agreed upon for the performance of the contract by niceshops GmbH,
- The provision of digital content that is not delivered by a physical data carrier (e.g. downloads, e-books, ...), if niceshops GmbH has started fulfilling the contract (i.e. the digital contents were provided) before the expiry of the the withdrawal period. However, the right of withdrawal only lapses in those cases in which you are obliged to make a payment under the contract, in which you have also:
- Expressly agreed to the commencement of fulfilment of the contract before the end of the withdrawal period,
- Confirmed that you are aware that you will lose your right of withdrawal as a result of the premature start of the performance of the contract, and
- niceshops GmbH has provided you with a copy or confirmation in accordance with Section 5 (2) or Section 7 (3) of the Austrian FAGG.
Furthermore, you have no right of withdrawal for contracts for urgent repair or maintenance work where you have expressly requested niceshops GmbH to visit you to carry out this work. However, the right of withdrawal is not excluded for other services that you have not expressly requested or delivered goods that are not necessarily required as spare parts during maintenance or repair.
Consequences of Withdrawal
If the customer cancels this contract, the contractor shall have all payments received from the customer, including delivery costs (with the exception of the additional costs resulting from the fact that the customer uses a different type of delivery than the most affordable option offered by the contractor, i.e. standard delivery), to be repaid immediately and at the latest within 14 days from the day on which the notification of the contract cancellation was received by the contractor. For this repayment, the contractor uses the same means of payment that the customer used in the original transaction, unless something else was expressly agreed with the customer. In no case will the customer be charged fees for this repayment. The contractor can refuse repayment until the goods have been returned or until the customer has provided evidence that the goods have been returned, whichever instance occurs first.
If a loss in value of a commodity is due to the fact that the commodity has been used in a way that is not necessary for checking the quality, you are responsible for this loss of value.
Return period: You have to return the goods within 14 days at the latest from the day on which you communicate your cancellation of this contract to us. The return period is met if you send the goods back before the return period of 14 days has expired. We will let you know which address to send your return to.
Returns due to cancellation are free of charge from the following countries:
Austria, Belgium, Bulgaria, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, United Kingdom, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia
Return costs from countries not listed above must be paid for by the customer, regardless of business, legal or logistical reasons and without any intention of discrimination.
Detailed information on returns can be found here.
End of the Cancellation Policy.
Warranty & Guarantee
Warranty: Unless otherwise specified, the general statutory warranty regulations apply. The warranty for defects you have caused is excluded from warranty claims, especially in cases of improper handling, incorrect operation or unauthorized attempts at repair.
We do not guarantee that the photos published on our online shops are identical to the goods actually delivered.
Guarantee: Insofar as the manufacturers of the goods we offer have their own voluntary guarantees, all claims arising from their products are to be made directly to the manufacturer. niceshops GmbH's liability is excluded under the manufacturer's warranty. As a customer, you have the right to have this guarantee made available to you in writing (for example, enclosed with the delivery or within the instructions for use) or through another permanently available medium (for example, by email). However, your statutory warranty rights towards us are not restricted by any manufacturer guarantees.
Claims for damages against niceshops GmbH are excluded unless we or our vicarious agents or agents have acted intentionally or with gross negligence.
The amount of liability is limited to the damage typically foreseeable at the time the contract was concluded.
We are not liable to companies for lost profits.
Liability for damage resulting from injury to life, limb and health, for negligent or intentional breach of essential contractual obligations and under the Product Liability Act remains unaffected.
We are not responsible if we are unable to meet obligations arising from the contractual relationship due to circumstances for which we or a vicarious agent are not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services and due to force majeure.
Contract Language, Applicable Law and Jurisdiction
The language available for the conclusion of the contract is English.
Austrian law applies to this contractual relationship and is used as a basis for these texts. As a customer, this choice of law must not result in you being deprived of the protection that the mandatory regulations of your country of residence grant you (cf. art. 6 para. 2 Rome I-VO). The application of the United Nations Convention on the International Sale of Goods (UN Sales Convention) and reference standards is excluded.
If you are not a customer, the exclusive place of jurisdiction is in Graz, Austria.
Arbitration Board and Online Dispute Resolution
We subject consumers to an alternative dispute resolution procedure at the following alternative dispute resolution body: https://www.ombudsstelle.at
Consumers also have the option of contacting the EU's online dispute resolution platform: https://ec.europa.eu/odr
You can also submit your complaint directly to us at: firstname.lastname@example.org.