1. Area of application
These General Terms and Conditions (hereinafter: “GTC”) are applicable without limitation to all legal transactions concluded between BADTOYS GmbH, Safenwil (hereinafter: “BADTOYS”) and their customers by internet. The customer cannot conclude these transactions without prior confirmation (by clicking the button “Acceptance of General Terms and Conditions”) that he has taken notice of and has accepted the GTC valid at the time of conclusion of the transaction. Agreements diverging from the GTC require written confirmation by BADTOYS. It has to be emphasized that no General Terms and Conditions of the customer are accepted by BADTOYS. Invalidity or incompletion of one of the stipulations of the GTC will not be detrimental to the legal effect of the rest of the GTC. Incomplete or invalid stipulations will be replaced by the stipulation that comes closest to the commercial intention of the parties resp. the trade custom in Switzerland.

2. Legal Qualification / Territorial Limitation
The information given on the webside of BADTOYS do not constitute an offer in terms of Art. 3 of the swiss code of obligation (OR) but solely an invitation to an offer in terms of Art. 7 p. 2 OR. The informations are only directed to people with residence / seat in countries in which the content of the webside does not offend the legal order. Any liability of BADTOYS for this case is explicitly excluded.

3. Order Transaction / Passing of benefit and risk
Prior to any order, the customer confirms by clicking the button “Acceptance of General Terms and Condi-tions” that he has taken notice of and has accepted the GTC. The order is placed by filling the online-order form. The goods are delivered by post. Benefit and risk pass to the customer at the moment that the goods are handed over to the post by BADTOYS.

4. Prices / Payment conditions
The prices indicated on the webside are solely target prices and not binding. In order to receive binding price informations, the customer has to contact BADTOYS directly. The purchase price has to be payed in advance or cash on delivery. In case of delay, the customer has to pay an interest of 10 % beginning on due date. For ordering goods that BADTOYS does not have in stock, the customer has to pay a deposit of 30 % of the pur-chase price at request of BADTOYS. This deposit counts as forfeit money in terms of Art. 158 p. 3 OR. The costs of transport are beared by the customer.

5. Term
BADTOYS grants the customer the delivery of the goods within the term agreed by the parties. If no term has been settled, the goods will be delivered within the term of 6 weeks. The customer binds himself to take de-livery of the goods if delivered within term.

6. Warranty
BADTOYS is not liable for any damages resulting from operation of the webside and its usage by the customer such as transfer of viruses or other damages of the data system of the customer. Within the scope of the transactions between BADTOYS and the customer BADTOYS is denying all liablility as far as legally admissi-ble, including inter alia the liability for auxiliary personnel. The customer is obliged to inspect the goods as soon as delivered and notify possible defects immediately. If the customer fails to do so within 2 days, the goods will be considered as free of defects and accepted by the customer. After notification within the set pe-riod of 2 days, the customer is obliged to follow all instructions given by BADTOYS in order to prevent further damage and remedy the defect. The limitation period for buyers in action for breach of warranty is 14 days after delivery. In case of defects for which BADTOYS is liable, the customer is authorized to demand rescis-sion of sale or reduction of the purchase price. Nevertheless, BADTOYS reserves the right to furnish additional supply of defectless goods. BADTOYS is denying any liabilility for consequential harm caused by a defect.

7. Concluding provisions
For all performances resulting from the legal relationship between BADTOYS and the customer counts the es-tablished place of BADTOYS in Safenwil, district of Aargau (Switzerland), as place of performance. The forum for all disputes between BADTOYS and the customer is the seat of BADTOYS. BADTOYS has the right to re-course to the court at the residence / seat of the customer. Only Swiss law is applicable to all legal transactions between BADTOYS and the customer.