Terms & Conditions

1. Scope
The following T&Cs apply to all orders placed via our online shop. These T&Cs also apply to businesses for future commercial relations without the need for any formal expression thereof. Unless expressly approved by us to the contrary, we cannot accept the contractual validity of any conflicting or complementary general terms and conditions used by any business.
2. Contractual partner, formation of contract
The purchase contract is concluded with Westfalia Digitalservice GmbH. The display of products within the online shop constitutes a binding offer on our part to enter into a contract vis-à-vis the items. You may place our products in your basket without obligation and amend your entries at any time prior to submitting a binding order by using the correction facilities that are provided for this purpose and explained during the ordering process. The contract is formed by clicking on the order button which indicates your acceptance of our offer concerning the goods contained in your basket. Once you have sent your order you will immediately receive a confirmation via e-mail.
3. Contract language, saving of the contract text
The languages available for concluding the contract are English, German, French and Dutch. We save the text of the contract and forward the order data and our T&Cs to you by e-mail. The text of the contract cannot be accessed via the internet for security reasons.
4. Delivery conditions
Delivery costs are added to the product prices as displayed. Delivery charges are explained within individual product offers. We only dispatch goods en route; pick up by the customer is not possible. We do not deliver to packing stations.
5. Payment
The following payment methods are basically available in our online shop.

Advance payment
If you select advance payment we provide you with our bank details in a separate e-mail and deliver the goods on receipt of funds.

PayPal Plus
Within the context of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be forwarded to PayPal's online website. You may enter your payment details there and confirm the use of your data by PayPal and the payment instructions to PayPal.
If you have selected the PayPal payment type, in order to pay the invoice amount, you must be registered there or register first and identify yourself with your access data. The payment transaction will be carried out automatically by PayPal directly after confirmation of the payment instructions. You will receive additional information during the ordering process.
If you have selected the credit card payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. The payment transaction will be carried out by your credit card company upon request by PayPal and debited to your card, directly after confirmation of the payment instructions and after your identification as the legal cardholder. You will receive additional information during the ordering process.
If you have selected the direct debit payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. With the confirmation of the payment instructions, you are granting PayPal a direct debit mandate. PayPal will inform you separately about the date of the account debit in an advance notification (pre-notification). With the submission of the direct debit directly after confirmation of the payment instructions, PayPal will request its bank to initiate the payment transaction. The payment transaction is automatically carried out and your account is debited. You will receive additional information during the ordering process.
If you have selected the invoice payment type, in order to pay the invoice amount, you do not need to be registered with PayPal. After a successful address and creditworthiness check and placement of your order, we will assign our claim to PayPal. In this case, you may only pay to PayPal with a debt-discharging effect. For payment processing via PayPal – in addition to our GTC – the GTC and data protection policy of PayPal shall apply. Additional information and the complete GTC of PayPal for invoice purchase can be found at www.paypal.com.

Invoice
You may pay for your purchase by means of bank transfer after you have received the goods together with the invoice. We reserve the right to allow payment by invoice only after we verify your credit rating.
6. Retention of title
The goods shall remain our property until full payment is made. For businesses, the following additionally applies: We reserve ownership of the goods until complete settlement of all claims from our ongoing business relationship. You are permitted to sell on reserved goods in the ordinary business operation; you shall assign all claims arising from this onward sale - regardless of connecting or mixing of the reserved goods with a new item - in the amount of the invoice amount to us in advance, and we accept this assignment. You remain authorised to collect the claims; however, we are also permitted to collect ourselves, should you fail to fulfil your payment obligations.
7. Damage during delivery
For consumer the following applies:
If the goods are delivered with obvious damage caused during delivery, please report the defect to the carrier and notify us without delay. Failure to make a complaint or to make contact does not in any way affect your legal rights or the enforcement of such rights, notably your warranty rights. However, in doing so you help us to press our own claims against the carrier or transport insurer.

Applicable to businesses:
The risks of accidental loss or deterioration of the goods will transfer to you once we have submitted the item to the haulier, carrier or other contractor for forwarding to the defined person or establishment. "Kaufleute" as defined by the German Commercial Code (HGB) are subject to the inspection and notification requirements set out in § 377 HGB: The purchaser must examine the goods immediately after their delivery by the vendor, as far as this is practicable in the ordinary course of business, and upon the discovery of any defect must immediately give notice thereof to the vendor. Should you fail to comply with the instructions set out therein; the goods will be deemed to have been approved unless the defect was not detectable on inspection. This shall not apply if a given defect has been concealed by us deceitfully.
8. Warranty and guarantees
Unless expressly agreed otherwise below, the law governing liability for defects shall apply. We are under a legal duty to supply products that are in conformity with this contract. For consumers, statutory warranty rights governed by the law of the country where the consumer has his habitual residence apply. For businesses, the limitation period for claims for defects is one year from transfer of risk; the statutory limitation periods for the recourse claim under Section 478 BGB [German Civil Code] remain unaffected. With respect to businesses, only our own information and the manufacturer’s product descriptions, which have been included in the contract, are regarded as the agreement regarding the quality of the goods; we assume no liability for public statements of the manufacturer or other advertising statements. If the delivered item is defective, we may initially choose, with respect to entrepreneurs, whether we will provide supplementary performance by rectifying the defect (repair) or by delivering a non-defective item (replacement delivery), at our discretion.
The aforementioned restrictions and shortened time limit do not apply to claims for damages, which have been caused by us, our legal representatives or legal agents • for injury to life, limb or health
• for deliberate or grossly negligent breach of duty, as well as fraud
• for breach of material contractual obligations, the fulfilment of which make the proper execution of the contract possible at all and which the contracting parties may generally rely on and trust in being complied with
• within the context of a guarantee commitment, where agreed.
Information on any additional guarantees and their precise conditions that may apply can be found next to the product and on specific information pages in the shop, if applicable. Complaints can be submitted by consumers and businesses:
- in writing to:

Westfalia Digitalservice GmbH
Eggertstraße 17
33100 Paderborn
Germany

Phone: +49 5251/18041-408
Fax: +49 5251/18041-410
E-Mail: support@designmymower.com


- by e-mail to the following address: support@designmymower.com
When you exercise your warranty rights and we deem it necessary to receive the goods back in order to examine your complaint, you must send back the goods at our cost to the address given above. We are committed to respond to any complaint immediately, but no later than within 14 days of its submission. Customer service: Our customer service is available for queries, complaints and claims on working days from 8 a.m to 17 p.m. via phone at +49 5251 18041 408 as well as via email at support@designmymower.com.
9. Liability
We shall in any case be liable without limitation for claims due to damages that have been caused by us, our legal representatives or legal agents
• for injury to life, limb or health
• for deliberate or grossly negligent breach of duty
• for guarantee commitments, where agreed
• towards consumer.
Except these cases, our civil law liability is limited to the foreseeable and direct damages at the time of contract conclusion.
9.1 Upload terms

If print data is uploaded for an order placed by the customer, Westfalia Digitalservice GmbH reserves the right to check the print data provided by the customer and subsequently reject the order without giving a detailed reason for doing so. The e-mail conformation sent immediately after submission of the order therefore does not constitute final conclusion of the contact by Westfalia Digitalservice GmbH for orders with personal customer data. The contract is not concluded until delivery of the product made using the customer data.

Claims to customers' personal print data

As stated in the IEC 60 335 standard, robotic lawnmowers should not be shaped like a toy or decorated in such a way as to attract children to the product and/or confuse the mower with a toy. For this reason, the use of cartoon characters, pictures of toys, human faces and depictions of body parts cannot be used as the image for the stickers. The customer guarantees that the data they provide for printing meets the IEC 60 335 standard and does not infringe the rights of third parties or other laws and standards. The kinds of print data that should not be used include images that depict criminal, illegal or unethical scenes, in particular pornographic content, extremist content or content aimed at inciting the public. If the rights of third parties are infringed or laws and standards are violated in any way, the customer bears sole responsibility and liability for the consequences.

By placing an order, the customer agrees to hold Westfalia Digitalservice GmbH and companies of the Bosch Group harmless against all claims by third parties that third parties may bring against Westfalia Digitalservice GmbH or companies of the Bosch Group because the print data uploaded by the customer infringes their rights or breaches statutory regulations or standards.

Should Westfalia Digitalservice have even the slightest suspicion that the print data provided does not meet the requirements for personal customer data outlined above, Westfalia Digitalservice is entitled to withdraw from the contract at any time without being liable to pay compensation.

10. Dispute resolution
The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at http://ec.europa.eu/consumers/odr/. We are ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V., Straßburgerstraße 8, 77694 Kehl am Rhein, Germany, http://www.verbraucher-schlichter.de
11. Final provisions
If you are a business, German law applies, to the exclusion of the UN Sales Convention. If you are a "Kaufmann" within the meaning of the German Commercial Code (HGB), public-law legal entity or special public-law fund, the exclusive legal jurisdiction for all disputes from contractual relationships between us and you is our registered office.