Terms of service
1. Scope
1.1. Boum AG, headquartered in Bern (Canton of Bern / Switzerland), operates an online shop for products and services at www.boum.garden (hereinafter "Online Shop" or "Seller").
1.2. Your contractual partner is:
Boum AG
Gewerbestrasse 12
3012 Bern
Email: hello@boum.garden
2. Conclusion of Contract
2.1. The offer to conclude a purchase agreement comes from the customer by clicking the "Pay" button after fully completing the order page. The customer remains bound by the order for 7 business days. The contract becomes binding when the Seller accepts the order within this period in accordance with clause 2.3.
2.2. After submitting the order, the customer receives an (automated) email confirming receipt of the order (order confirmation). The order confirmation serves solely to inform the customer that the Seller has received the order.
2.3. A contract is only validly concluded when the Seller declares acceptance of the contract as described below. Acceptance of the contract occurs when:
- the Seller issues an invoice to the customer, or
- the Seller confirms receipt of payment and delivery date to the customer, or
- by delivery of the ordered goods.
3. Availability, Delivery Time + Shipping
3.1. The Seller places great importance on providing up-to-date information on availability and delivery times in the online shop. However, due in particular to production or supply bottlenecks, delivery delays may occur both at the Seller itself and at third-party suppliers and/or retailers.
All information on availability and delivery times is therefore without guarantee and may change at any time.
3.2. The Seller may also agree on an individual delivery date with the customer.
3.3. We ship our items with our shipping partners Swiss Post and Planzer Transport AG.
4. Price (incl. Shipping Costs)
4.1. Visitors accessing the website from Switzerland, Liechtenstein, Austria or Germany will see prices including VAT based on their IP address. Delivery and freight charges are billed separately and are not included in the sale price.
4.2. Changes to the prices, conditions and vintages stated on the website are reserved, whereby the date of the order shall be the decisive date.
4.3. Any chargeable additional services at the Seller's discretion are offered separately. Such additional services are listed separately in the shopping cart and on the invoice.
4.3. The Seller reserves the right to cancel orders or pre-orders at any time at its own discretion. In the event of such a cancellation of your order by the Seller, the Seller will not charge your credit card or carry out any other payment method, as long as the device has not yet been delivered to you at the time of cancellation.
5. Payment & Retention of Title
5.1. The customer has access to the payment methods offered as means of payment in the online shop or on the website under "Payment Options". The current payment method fees, which may be charged by the Seller, are shown under "Payment Options" and are detailed during the order process. Payments in our online shop are possible via credit card (Stripe) and Google Pay.
5.2. All banking transactions in connection with credit card payments are processed through the payment provider Stripe. Boum AG does not process credit card numbers. The customer is obliged to provide complete, current and accurate billing and payment information. In certain cases, the credit card issuer or bank is entitled to charge a transaction fee or related surcharges, which the customer is obliged to pay.
5.3. Orders are payable immediately, subject to the provisions below.
5.4. The invoice amount when paying by invoice is due within 10 days from the invoice date. In the event of default, the Seller will charge default interest of 5% on the outstanding amount. In addition, the Seller will charge a reminder fee of CHF 20 or EUR 20 for each reminder, which is added to the outstanding amount plus default interest.
5.5. The customer is only entitled to rights of set-off or retention insofar as the claim has been legally established or is undisputed.
5.6. Payment by invoice (POWERPAY) — When purchasing by invoice through our partner MF Group / POWERPAY, the end customer information and terms and conditions of POWERPAY apply in addition to our terms and conditions. These can be found here: https://terms.mfgroup.ch/agbfiles/Endkundeninformationen_AGB_de.pdf
6. Delivery & Transfer of Risk
6.1. The Seller restricts deliveries to Switzerland. Delivery is made directly to the delivery address and contact person provided by the customer.
6.2. Delivery is subject to timely and proper self-delivery by our suppliers. In cases of force majeure such as strikes and other industrial action, riots, war, natural disasters, or delivery restrictions by the manufacturer or upstream supplier, no delivery delay shall occur. The Seller is not liable for delivery delays caused by manufacturers or third parties (see also clause 3 above).
6.3. Should not all ordered goods be in stock, the Seller is entitled to make partial deliveries. Should it emerge after conclusion of the contract that goods cannot be delivered in part or in full for reasons not attributable to the Seller, the customer is entitled to withdraw from the contract.
6.4. The Seller's obligation is a dispatch obligation and is fulfilled upon handover to the carrier. After dispatch, the risk of accidental deterioration and accidental loss of the goods passes to the customer. The Seller is not liable for any fault on the part of the transport company used.
7. Tax, Customs Duties and Additional Costs
7.1. Visitors accessing the website from Switzerland, Liechtenstein, Austria or Germany will see prices including VAT based on their IP address. The VAT to be borne by the customer in each case is determined by the respective place of delivery: Switzerland, EU or other countries.
7.2. The Seller organises the logistical handling and all costs for delivery to Switzerland, Liechtenstein, Austria and Germany.
7.3. For orders from all other countries, additional delivery costs, as well as any local VAT and/or other customs duties, will be incurred upon delivery of the products to their place of delivery. The corresponding amount will be shown during the checkout process.
7.4. In addition to the costs shown for delivery to countries outside Switzerland, additional costs/duties may be levied by local customs authorities, which must be paid by the customer directly to the relevant authority or the courier.
8. Pre-Sale
8.1. Products purchased in pre-sale are either not yet produced or are in production. As the Seller relies on external partners for production, the delivery date cannot be guaranteed.
8.2. Customers who purchase products in pre-sale will be regularly informed about the status of production via newsletter or updates on the website.
8.3. The pre-order can be cancelled by the customer without giving reasons up to 30 days before the delivery date specified at the time of purchase. The customer will receive a full refund of the purchase amount.
8.4. For later cancellations, the General Terms and Conditions apply, in particular clauses 7 and 8.
9. Duty to Inspect and Give Notice of Defects, Liability for Defects
9.1. The customer is obliged to inspect the delivered products as soon as practicable in the ordinary course of business and to report any identified defects immediately in the app. If the customer fails to do so, the products shall be deemed approved. Approval shall be deemed to have occurred in any case if the customer has not filed a complaint of defects with the Seller by email within 8 days of delivery.
9.2. Defects that were not identifiable during proper inspection pursuant to the preceding paragraph must be reported to the Seller by email immediately in the app upon discovery; otherwise the ordered products shall also be deemed approved with regard to these defects.
9.3. Normal wear and tear, as well as consequences of improper handling or damage by the customer or third parties, and defects attributable to external circumstances are not covered by the warranty.
9.4. The customer does not receive any guarantees in the legal sense from the Seller. Manufacturer warranties remain unaffected. The Seller accepts no liability for descriptions by third parties, in particular customer reviews published in the online shop or on our social media presences.
10. Limited Product Warranty
10.1. The warranty granted herein by the Seller gives the customer specific rights, in addition to rights as a consumer, which may vary depending on the jurisdiction of the customer's country of residence. To the extent permitted by law, these warranty provisions and specified remedies shall apply exclusively and in lieu of all other warranty terms, remedies or conditions, whether oral, written, statutory, express or implied. The Seller excludes all statutory and implied warranties, including warranties of general fitness for use or fitness for a particular purpose, and warranties against latent or hidden defects.
10.2. To the extent these warranty claims cannot be excluded, the Seller limits the duration of these express warranty claims and remedies (to the extent permitted by law) to the duration of these provisions and the repair or replacement of the products under the conditions described below. The legal systems of some countries do not permit limitations on implied warranty periods (or warranty conditions), so the above limitations may not apply to you.
11. Right of Withdrawal
11.1. The customer has the right to withdraw from this contract within 120 days without giving reasons. The withdrawal period is 120 days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the last goods.
11.2. To exercise the right of withdrawal, the customer must inform the Seller (Boum AG, Gewerbestrasse 12, 3012 Bern, Switzerland, hello@boum.garden, +41 (0)78 440 99 08) by means of a clear declaration (e.g. a letter sent by post or email) of the decision to withdraw from this contract. The Seller's contact details are listed in clause 1 of these Terms and Conditions. Please use our withdrawal form.
11.3. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
11.4. If the customer withdraws from this contract, the Seller shall reimburse all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer having chosen a type of delivery other than the cheapest standard delivery offered by the Seller), without undue delay and no later than 30 days from the day on which the notification of withdrawal from this contract was received by the Seller. For this repayment, the Seller will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no event will the customer be charged fees for this repayment. The Seller may refuse repayment until it has received the goods back or until the customer has provided evidence that the goods have been returned, whichever is the earlier.
Return address:
Boum AG
c/o Returns
Gewerbestrasse 12
3012 Bern
hello@boum.garden
+41 (0)78 259 24 17
11.6. The customer must return or hand over the goods to the Seller without undue delay and in any event no later than 14 days from the day on which the customer notifies the Seller of the withdrawal from this contract. The deadline is met if the customer sends the goods before the 120-day period has expired. The customer bears the costs of returning the goods. The customer is only liable for any diminished value of the goods resulting from handling that is not necessary to ascertain the nature, characteristics and functioning of the goods.
12. Liability
12.1. All cases of breach of contract and their legal consequences, as well as all claims of the customer, regardless of the legal basis on which they are made, are conclusively regulated in these Terms and Conditions.
12.2. Other claims of the customer — regardless of the legal basis — are, to the extent permitted by law, excluded. EXCEPT AS (I) OTHERWISE SET FORTH IN THESE TERMS AND CONDITIONS AND (II) TO THE EXTENT PERMITTED BY LAW, THE SELLER DOES NOT PROVIDE ANY FURTHER IMPLIED OR EXPRESS WARRANTIES FOR THE PRODUCTS AND DISCLAIMS ALL WARRANTIES (IMPLIED OR EXPRESS), INCLUDING BUT NOT LIMITED TO INDEMNITIES AND WARRANTIES RELATING TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE SELLER DOES NOT CLAIM OR GUARANTEE THAT THE PRODUCTS WILL MEET ALL YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE PRODUCTS WILL BE PROVIDED SAFELY OR WITHOUT ERRORS.
12.3. Furthermore, the Seller, its auxiliary persons and any vicarious agents are not liable for damages that have not occurred to the goods themselves, in particular not for consequential damages, loss of profit or other financial losses of the customer. In addition, the Seller is not liable for minor negligence.
13. Data Protection
13.1. Otherwise, the provisions of the Privacy Policy apply. The Privacy Policy can be accessed here.
14. Use of the AI Chatbot
The operator provides an AI-powered chatbot on the website/in the app. This serves for automated interaction and is based on machine learning processes. The content generated by the chatbot is provided without human review.
The chatbot does not provide individual advice (in particular no medical, legal or financial advice) and does not replace professional assessment. Use is at the user's own risk.
Users undertake not to enter any unlawful, discriminatory, offensive or confidential content. In particular, the entry of personal data (e.g. names, email addresses, health data) is prohibited.
The operator accepts no warranty for the accuracy, completeness or usability of the content provided by the chatbot. Liability for damages arising from the use of the generated content is — to the extent permitted by law — excluded.
The operator reserves the right to technically store and evaluate chat histories if this is necessary for improving the service or for troubleshooting.
Further information on data processing can be found in our Privacy Policy.
15. Final Provisions
15.1. Should individual provisions of these Terms and Conditions be invalid or incomplete, or should performance become impossible, the validity of the remaining provisions shall not be affected. The contracting parties undertake to replace the invalid provision with a permissible, valid regulation that comes closest to the original intention and the economic purpose pursued by it.
15.2. All changes or additions to these Terms and Conditions require a form that allows proof by text, such as email. This also applies to changes to the written form requirement. As soon as the customer makes use of the Seller's services after the change, they impliedly agree to the new Terms and Conditions.
15.3. If you are resident in the European Union, an EFTA state or Switzerland, this agreement is subject to substantive Swiss law. The courts of Bern shall have jurisdiction, regardless of the choice of legal remedies. The otherwise applicable United Nations Convention on Contracts for the International Sale of Goods does not govern the sale of these products.
In disputes arising from consumer contracts, the court at the domicile or registered office of either party shall have jurisdiction for claims by the customer, and the court at the customer's domicile shall have jurisdiction for claims by the Seller.
Additional Information and Consumer Regulations for Customers Resident in Germany (pursuant to §§ 312 ff. BGB and Art. 246a EGBGB)
Provider identification under German law:
Boum AG
Gewerbestrasse 12
3012 Bern
Switzerland
Telephone: +41 (0)78 440 99 08
Email: hello@boum.garden
Authorised representatives: Ludwig Auer (CEO)
VAT identification number pursuant to § 27a UStG: DE367349995
Right of Withdrawal
Consumers resident in Germany have the following statutory right of withdrawal:
Withdrawal Policy
You have the right to withdraw from this contract within 120 days without giving reasons. The withdrawal period is 120 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods. To exercise your right of withdrawal, you must inform us (Boum AG, Gewerbestrasse 12, 3012 Bern, Switzerland, hello@boum.garden, Telephone: +41 (0)78 440 99 08) by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the sample withdrawal form below, although this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your having chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than 14 days from the day on which notification of your withdrawal from this contract was received by us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the 14-day period has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from handling that is not necessary to ascertain the nature, characteristics and functioning of the goods.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to the following contracts (§ 312g para. 2 BGB):
- Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer
- Contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery
- Contracts for the supply of audio or video recordings or computer software in sealed packaging, if the seal has been removed after delivery
- Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts
Link to withdrawal form