The T&C were last updated on November 6th, 2024. In case of any ambiguities between the T&C in different languages, the German version shall prevail.
1. Introduction
These Terms and Conditions (T&C) apply to this website and to transactions related to our products and services. You may be bound by additional agreements that relate to your relationship with us or products or services you receive from us. In the event of any conflict between the provisions of additional agreements and the provisions of these Terms, the provisions of the additional agreements shall prevail.
2. Binding Agreement
By registering, accessing, or otherwise using this website, you agree to be bound by the T&C listed below. The mere use of this website implies that you are aware of and accept these T&C. In certain cases, we may also ask you to explicitly agree.
3. Electronic Communication
By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically through our website or by sending you an email, and you agree that all agreements, notices, disclosures, and other communications we send to you electronically will meet all legal requirements. This includes, but is not limited to, the requirement that such communications should be made in writing.
4. Intellectual Property
We or our licensors own and control all copyrights and other intellectual property rights on the website, as well as the data, information, and other resources displayed or accessible on the website.
4.1 All Rights Reserved
Unless otherwise specified for certain content, no license or other right is granted to you under copyright, trademark, patent, or other intellectual property rights. This means that you may not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form without our prior written consent, except to the extent required by mandatory law (such as the right to quote).
5. Newsletter
Notwithstanding the above, you may forward our newsletter electronically to others who may be interested in visiting our website.
6. Third-Party Ownership
Our website may contain hyperlinks or other references to third-party websites. We do not monitor or review the content of third-party websites linked to this site. Products or services offered by other websites are subject to the T&C of these third parties. Opinions or materials expressed on these websites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or content of these websites. You bear all risks associated with using these websites and any associated third-party services. We accept no responsibility for any losses or damages of any kind resulting from your sharing of personal data with third parties.
7. Responsible Use
By visiting our website, you agree to use it only for purposes intended and permitted by these Terms, additional agreements with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You may not use our website or services to use, post, or distribute material consisting of malicious computer software (or linked to such software). You may not use the data collected on our website for direct marketing activities or conduct systematic or automated data collection activities on or related to our website.
Participation in activities that may cause damage to the website or impair its performance, availability, or accessibility is strictly prohibited.
8. Registration
You can register for an account on our website. During this process, you may be required to select a password. You are responsible for maintaining the confidentiality of your passwords and account information and agree not to share your passwords, account information, or secure access to our website or services with others. You may not allow any other person to use your account to access the website, as you are responsible for all activities conducted through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After your account is terminated, you may not create a new account without our permission.
9. Online Shop Terms
9.1 Conclusion of Contract
The T&C apply to all orders placed through our online store on the website Badgerboard.org. The contract is concluded between the customer (hereinafter "You" or "Customer") and Conscious Climbing by BadgerBoard, owner: Vincent Lami, located at Badstr. 1 , 82008 Unterhaching , Germany.
The presentation of products in the online store does not constitute a legally binding offer, but an invitation to place an order. You can add the desired products to the shopping cart and place a binding order by clicking the "Complete Order" button. The purchase contract is concluded once you receive an order confirmation via email from us.
9.2 Prices and Shipping Costs
All prices stated are final prices and include the statutory value-added tax. Shipping costs will be charged in addition, unless otherwise stated, and depend on the shipping method, destination, and the quantity of goods ordered. The exact shipping costs will be displayed during the ordering process.
9.3 Payment Terms
- Credit Card
- Klarna
- GooglePay
- Prepayment (Bank Transfer)
The payment of the purchase price is due immediately upon conclusion of the contract.
9.4 Delivery Terms
Delivery will be made to the address you provide. We deliver to the following countries:
Locations in Zone 'Europe - Germany':
- DE
Locations in Zone 'Europe - Other':
- AT
- HU
- SK
The delivery time is, unless otherwise agreed, 14 days from receipt of payment. If any items are out of stock, you will be informed.
9.5 Retention of Title
The goods remain our property until full payment is made.
9.6 Warranty
The statutory warranty rights apply. If the delivered goods are defective, you have the right to demand subsequent performance (removal of the defect or delivery of a defect-free item). If the subsequent performance fails, you have the right to withdraw from the contract or reduce the purchase price.
We are fully liable for damages caused by intentional or grossly negligent breach of duty by us, our legal representatives, or vicarious agents. For simple negligence, we are only liable for the violation of essential contractual obligations.
We are liable for material defects according to the applicable legal provisions, particularly §§ 434 et seq. of the German Civil Code.
10. Refund and Return Policy
10.1 Right of Withdrawal
You have the right to withdraw from this contract within 14 days without providing any reason.
The withdrawal period expires 14 days after the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). Our contact details can be found below or in the Imprint.
If you use this option, we will promptly send you an acknowledgment of receipt of such withdrawal on a durable medium (e.g., by email).
To meet the withdrawal deadline, it is sufficient that you send your communication regarding the exercise of the right of withdrawal before the withdrawal period expires.
10.2 Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments received from you (excluding additional costs arising from your choice of a delivery method other than the cheapest standard delivery method offered by us) without undue delay and in any event no later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment as you used for the original transaction, unless you have expressly agreed otherwise. In any case, no fees will be charged for this refund.
You must return the goods or hand them over to us or to a person authorized by us to receive the goods without undue delay and in any event no later than 14 days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you return the goods before the 14-day period expires. We may withhold the refund until we have received the goods or you have provided proof that you have sent the goods back, whichever is earlier.
You must bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from handling them in a manner that is not necessary to establish the nature, characteristics, and functioning of the goods.
Please note that there are some legal exceptions to the right of withdrawal, and some items may therefore not be returned or exchanged. We will inform you if this applies in your specific case.
11. Your Posted Content
We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, reviews, and ratings, as well as various social media services. It may not be possible to review or monitor all content that you or others share or submit on or through our website. However, we reserve the right to review content and monitor the use and activity on our website, as well as to remove or reject content at our discretion. By posting information or otherwise using open communication tools, you agree that your content complies with these Terms and Conditions and is not illegal, unlawful, or infringes the legal rights of any person.
12. Idea Submission
Do not submit ideas, inventions, works of authorship, or other information that may be considered your own intellectual property and which you wish to present to us, unless we have previously signed an intellectual property or confidentiality agreement. If you submit this information to us without such an agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate, and distribute your content in existing or future media.
13. Termination of Use
We may, at our discretion, modify, suspend, or discontinue access to the website or any service on it, either temporarily or permanently. You agree that we will not be liable to you or any third party for any such modification, suspension, or interruption of your access to or use of the website or any content you may have shared on the website. You have no claim to compensation or other payments, even if certain features, settings, and/or content you contributed or relied upon are permanently lost. You may not circumvent or attempt to circumvent any access restriction measures on our website.
14. Warranties and Liability
Nothing in this section limits or excludes any statutory implied warranty whose limitation or exclusion would be illegal. This website and all content on the website are provided "as is" and "as available" and may contain inaccuracies or typographical errors. We expressly disclaim any express or implied warranty of any kind regarding the availability, accuracy, or completeness of the content. We do not guarantee that:
- This website or its content will meet your requirements.
- This website will be uninterrupted, timely, secure, or error-free.
Nothing on this website constitutes legal, financial, or medical advice of any kind, nor is it intended to. If you require advice, you should consult an appropriate professional.
The following provisions of this section apply to the fullest extent permitted by law and do not limit or exclude our liability concerning matters where it would be illegal to limit or exclude our liability. Under no circumstances shall we be liable for direct or indirect damages (including damages for lost profits or revenue, loss or damage of data, software, or databases, or loss or damage of property or data) to you or third parties resulting from your access to or use of our website.
Unless explicitly stated otherwise in a separate agreement, our liability to you shall be limited to the total price you paid us to purchase such products or services or to use the website. This limitation applies in total to all of your claims, actions, and causes of action of any kind.
15. Privacy
In order to access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited emails. Any emails we send to you will relate only to the provision of agreed products or services.
Data required for processing the purchase contract will be stored by us and may be shared with third parties (e.g., shipping companies) in connection with the fulfillment of the order.
We have developed a policy to address any privacy concerns. For more information, please refer to our Privacy Policy and Cookie Policy.
16. Accessibility
We are committed to making the content we provide accessible to people with disabilities. If you have a disability or impairment and are unable to access part of our website due to this, we kindly ask you to send us a message with a detailed description of the issue. If the problem can be easily identified and solved using standard IT tools and techniques, we will address it promptly.
17. Export Restrictions / Compliance with Laws
Access to the website from areas or countries where the content or purchase of products or services sold on the website is illegal is prohibited. You may not use this website in violation of Germany's export laws and regulations.
18. Affiliate Marketing
Through this website, we may engage in affiliate marketing, where we earn a percentage or commission for the sale of services or products on or through this website. We may also accept sponsorship or other forms of advertising compensation from companies. This disclosure is intended to comply with legal requirements regarding marketing and advertising, which may apply, such as the rules of the US Federal Trade Commission.
19. Assignment
Without our prior written consent, you may not assign, transfer, or otherwise pass on your rights and/or obligations under these Terms and Conditions, either in whole or in part, to any third party. Any purported assignment that violates this section will be null and void.
20. Force Majeure
Except for payment obligations, a delay, failure, or omission by a party in fulfilling or complying with any of its obligations under this agreement shall not be considered a breach of these Terms and Conditions if and to the extent such delay, failure, or omission is due to a cause beyond the reasonable control of that party.
21. Violations of These Terms and Conditions
Notwithstanding our other rights under these Terms and Conditions, if you violate any of these Terms and Conditions, we may take appropriate action, including temporarily or permanently suspending your access to the website and contacting your internet service provider to request that your access to the website be blocked, and/or initiating legal proceedings against you.
22. Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, and costs in connection with your violation of these Terms and Conditions and applicable laws, including intellectual property and privacy rights. You will promptly reimburse us for any damages, losses, costs, and expenses related to such claims.
23. Waiver
The failure to enforce any provision of these Terms and Conditions or to exercise any termination option shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any agreements, parts thereof, or our right to enforce each provision thereafter.
24. Language
These Terms and Conditions shall be interpreted and construed exclusively in German. All communications and correspondence shall be conducted either in German or English.
25. Entire Agreement
These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Vincent Lami regarding your use of this website.
26. Updates to These Terms and Conditions
We may update these Terms and Conditions from time to time. You are responsible for reviewing these Terms and Conditions regularly for any changes or updates. The date at the beginning of these Terms and Conditions indicates the last revision date. Any changes to these Terms and Conditions will become effective as soon as such changes are published on this website. Your continued use of this website after the publication of changes or updates constitutes your acceptance of and agreement to be bound by these updated Terms and Conditions.
27. Governing Law, Jurisdiction, and Final Provisions
For all disputes arising in connection with these Terms and Conditions, the courts of Germany shall have jurisdiction. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision will be modified, removed, and/or enforced to achieve the intent of these Terms and Conditions to the maximum extent permissible. The remaining provisions will remain unaffected.
28. Contact Information
This website is owned and operated by Vincent Lami.
You can contact us regarding these Terms and Conditions in writing or by email at the following address:
Vincent Lami
Badstr. 1
82008 Unterhaching
Germany
Email: badgerboard2021@gmail.com
29. Download
You can also download our Terms and Conditions as a PDF file.