§1 General, Scope
(1) The following General Terms and Conditions (GTC) govern the contractual relationship between Backyard Design and the consumers and entrepreneurs who use the Backyard Design website (hereinafter referred to as the “Buyer”). The terms and conditions concern the use of the website www.backyarddesignusa.com as well as all sub domains belonging to this domain. In each case, the valid version at the time of the conclusion of the contract is decisive.
(2) Consumers within the meaning of these Terms and Conditions are natural persons who enter into business relations with Backyard Design without this being attributable to their commercial or independent professional activity.
Entrepreneurs within the meaning of these terms and conditions are natural persons and legal entities or partnerships with legal capacity who enter into a business relationship with Backyard Design in the course of their commercial or independent professional activity.
§2 conclusion of contract
(1) The offers of Backyard Design on the Internet are a non-binding invitation to the buyer to order goods from Backyard Design.
(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 brands are incorporated on customer request, the customer must be able to demonstrate the rights of use upon request.
(3) Backyard Design is entitled to accept this offer within 1-2 business days by sending an order confirmation. The order confirmation will be sent to [email protected] After fruitless expiry of the period mentioned in sentence 1, the offer is considered rejected.
§3 Payment, due date, late payment
(1) The payment of the goods takes place in advance. We reserve the right to accept or exclude certain payment methods in individual cases.
(2) When paying in advance, the buyer agrees to immediately pay the purchase price after conclusion of the contract and it begins the production of individualized products.
(3) If the buyer is in default of payment, he is responsible for any negligence. He is also liable for the performance because of the performance, unless the damage would have occurred even if timely performance.
(4) The purchase price is subject to interest during the delay. The default interest rate for the year is five percentage points above the base rate. In legal 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.
(6) Payment by invoice and financing
In cooperation with Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the purchase of the invoice and installment purchase as a payment option. Please note that purchase on account and installment purchase are only available to consumers and that payment must be made to Klarna.
When buying on account with Klarna you always get the goods first and you always have a payment period of 14 days. You can find the complete terms and conditions for the purchase of invoices for deliveries to Germany here and the complete terms and conditions for the purchase of invoices for deliveries to Austria can be found here. The online shop levies a charge of € 5.00 per order when purchasing a bill with Klarna.
With the Klarna financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (or at least € 6.95) or under the conditions otherwise specified in the cash register. For more information on installment purchase, including terms and conditions and European standard consumer credit information, click here. Installment is only offered for Germany.
Klarna examines and evaluates your data and maintains a legitimate interest and cause a data exchange with other companies and credit reference agencies. Your personal information will be treated in accordance with the applicable data protection regulations and according to the information in Klarnas data protection regulations for Germany / Austria.
(1) The delivery takes place by sending the purchase object to the address communicated by the buyer.
(2) Depending on the weight and shipping method, the costs for shipping the object of purchase amount to € 3.99 to € 19.99 and are to be borne by the buyer. For foreign deliveries, unless otherwise stated, the price of packaging and shipping will be charged separately by weight. If the buyer desires a special type of shipment, incurring higher costs, he also has to bear these additional costs.
(3) If the buyer acquires the object of purchase for his commercial or professional activity, the risk of accidental loss and accidental deterioration of the object of purchase shall pass to him as soon as Backyard Design the object of purchase the freight forwarder, the carrier or the other person to carry out the shipment or institution has delivered.
§5 Retention of title
The purchased item remains the property of Backyard Design until full payment is made. Prior to transfer of ownership, pledging, assignment, processing or transformation is not permitted without the express permission of Backyard Design.
The price stated in the respective offer for the object of sale is understood to be the final price including any applicable VAT and other price components. The price does not include the delivery and shipping costs.
(1) Backyard Design is entitled to withdraw from the contract also with regard to an outstanding part of the delivery or service, if false information about the creditworthiness of the buyer has been made or if objective reasons regarding the insolvency of the buyer have arisen, for example the opening of insolvency proceedings the property of the buyer or the rejection of such a procedure for lack of cost-covering assets. The buyer is given the opportunity to make an advance payment or to provide a suitable security before resignation.
(2) Without prejudice to any claims for damages, any partial services already provided shall be invoiced and paid in accordance with the contract in the event of partial withdrawal. (For Bike Designs and Helmet Wraps with 50 €, with Backgrounds 25 €)
(1) Guarantee to consumers
a) Backyard Design warrants that the purchased item is faultless upon delivery. If, within two months of delivery of the object of purchase, a defect in quality arises, it is presumed that the defect was already defective at the time of delivery, unless this assumption is incompatible with the nature of the object of purchase or the defect. If the material defect does not appear until after two months, the buyer must prove that the material defect already existed when handing over the object of purchase.
b) If the object of purchase is defective upon delivery, the buyer has the choice whether the supplementary performance shall be effected by repair or replacement. Backyard Design is entitled to refuse the chosen remedy if it is only possible with disproportionate costs and the other type of remedy remains without significant disadvantages for the buyer.
c) If the supplementary performance fails, the purchaser can in principle demand, at his option, a reduction in the purchase price (reduction) or cancellation of the contract (withdrawal) as well as damages. For only minor defects, the buyer has no right of withdrawal.
(2) Guarantee to entrepreneurs
a) If the purchase for Backyard Design and the buyer is a commercial transaction, the buyer must inspect the delivered goods immediately for quality and quantity deviation and notify Backyard Design in writing within a period of 5 days from receipt of the goods; Otherwise the assertion of warranty claims is excluded. Hidden defects are Backyard Design within a period of 5 days, from discovery in writing. Deadline is sufficient for the timely dispatch. In this case, the buyer bears 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 timeliness of the complaint.
b) In the event of defects, Backyard Design shall, at its option, warrant repair or replacement.
(3) The claims of the buyer due to defects expire in one year.
(4) If Backyard Design delivers a defect-free object of purchase for the purpose of supplementary performance, Backyard Design may require the Buyer to return the defective object of purchase.
(5) Damage caused by improper or non-conforming measures of the purchaser during installation, connection, operation or storage, do not constitute a claim against Backyard Design.
§9 Limitation of Liability
(1) For damages other than injuries to life, body and health, Backyard Design shall only be liable insofar as these damages are based on intentional or grossly negligent acts or on culpable violation of a material contractual obligation by Backyard Design or its vicarious agents. Essential to the contract is a duty, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose observance the buyer may regularly rely. Any further liability for damages is excluded. Claims arising from a warranty given by Backyard Design for the nature of the object of purchase and the Product Liability Act remain unaffected.
(2) According to the current state of the art, the data communication over the Internet can not be guaranteed error-free and / or available at all times. 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 are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
(2) If the buyer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Backyard Design. The same applies if the purchaser does not have a general place of jurisdiction in Germany or if his domicile or habitual residence is unknown at the time the complaint is filed.
§11 Severability clause
Should any provision of these terms and conditions be or become invalid or unenforceable, the remaining provisions of these terms and conditions shall remain unaffected, unless the termination of individual clauses would disadvantage one party so unreasonably that it could no longer reasonably be expected of the contract ,
§12 Logo rights
(1) If the customer submits his own motif / logo or has any other influence on the product (text personalization), the customer assures Backyard Design that the text and motif / logo are free from third-party rights. Any infringement of copyrights, personal rights or name rights shall be fully borne by the customer in this case. The customer also assures that he does not violate any other rights of third parties due to the individualization of the product.
Logos like KTM, Husqvarna, Red Bull or Monster Energy may not be uploaded under any circumstances.
(2) The customer shall indemnify Backyard Design against all claims and claims asserted for infringement of such rights of third parties, as far as the customer is responsible for the breach of duty. The customer will reimburse Backyard Design for all costs of defense and other damages.
End of the terms and conditions
Alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides an online dispute resolution (OS) platform available at https://ec.europa.eu/consumers/odr. We are not obligated and unwilling to participate in a dispute settlement procedure before a consumer arbitration board.