Terms & Conditions

1. Definitions

In these Terms & Conditions, the following definitions apply:

• “We”, “Us”, “Our”, “Seller” refers to BOOSTER28 ADS S.R.L., the operator of habymart.shop.
• “You”, “Your”, “Customer”, “Buyer” refers to the natural person placing an order on our website.
• “Consumer” refers to any natural person acting for purposes outside their trade, business, craft, or profession, as defined by EU Directive 2011/83/EU.
• “Website” refers to habymart.shop and all its subpages.
• “Products” or “Goods” refers to the physical products available for purchase on our website.
• “Order” refers to a request by the Customer to purchase one or more Products through our website.
• “Contract” refers to the legally binding agreement between the Seller and the Customer for the sale and purchase of Products.
• “Business Day” refers to Monday through Friday, excluding public holidays in Romania.
• “GDPR” refers to the General Data Protection Regulation (EU) 2016/679.

2. Company Information

This website is owned and operated by:

BOOSTER28 ADS S.R.L. is a company registered in Romania under the Romanian Companies Act, operating as an online retailer of garden tools and equipment across the European Union.

3. Scope and Applicability

3.1 Application

These Terms & Conditions apply to all offers, orders, and contracts for the sale of Products through our website. By accessing our website and/or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms & Conditions.

3.2 Consumer Protection

If you are a Consumer within the European Union, nothing in these Terms & Conditions shall affect your statutory rights under:

• EU Consumer Rights Directive 2011/83/EU
• EU Sale of Goods Directive 2019/771
• The national consumer protection laws of your country of residence

In the event of any conflict between these Terms & Conditions and mandatory consumer protection laws applicable in your country, the mandatory laws shall prevail.

3.3 Eligibility

To place an order on our website, you must be at least 18 years of age or the age of majority in your country of residence, whichever is higher. By placing an order, you confirm that you meet this requirement.

3.4 Language

These Terms & Conditions are provided in English. In the event that translated versions are made available, the English version shall prevail in case of any inconsistency.

4. Product Descriptions and Availability

4.1 Product Information

We make every effort to ensure that the product descriptions, images, specifications, and prices on our website are accurate and up to date. However:

• Product images are for illustrative purposes and may vary slightly from the actual product (e.g., colour variations due to screen settings)
• Product specifications, dimensions, and weights are approximate and may vary slightly
• We reserve the right to correct any errors or inaccuracies in product descriptions at any time without prior notice

4.2 Availability

All Products are subject to availability. If a Product becomes unavailable after you have placed an order, we will:

1. Notify you by email as soon as possible
2. Offer you the choice of waiting for the Product to become available, selecting an alternative product, or cancelling the order for a full refund
3. Process any refund within 14 days using the same payment method you used for the original order

4.3 Product Use

Our Products (including cordless grass trimmers, mini chainsaws, and other garden tools) are designed for domestic and personal use. Always read and follow the product instructions and safety guidelines provided with each Product. We are not liable for any damage or injury resulting from misuse or failure to follow the product instructions.

5. Ordering Process

5.1 Placing an Order

Ordering from our website follows these steps:

1. Product selection: Browse our website and add desired Products to your shopping cart
2. Cart review: Review the contents of your cart, adjust quantities if needed
3. Checkout: Provide your delivery address, contact details, and select a payment method
4. Order review: Review your complete order, including Products, prices, shipping costs, and total amount
5. Order submission: Confirm and submit your order by clicking “Place Order”
6. Order confirmation: Receive an automated email confirming your order details and order number

5.2 Contract Formation

The display of Products on our website constitutes an invitation to treat, not a binding offer. Your order submission constitutes an offer to purchase. A legally binding Contract is formed only when we send you an order confirmation email or when we dispatch the Products, whichever occurs first.

5.3 Order Cancellation by Us

We reserve the right to refuse or cancel an order for any legitimate reason, including but not limited to:

• Product unavailability
• Errors in pricing or product description
• Suspected fraudulent activity
• Inability to verify your identity or payment information
• Delivery restrictions to your area

If we cancel your order, we will notify you promptly and issue a full refund.

6. Prices and Payment

6.1 Prices

• All prices on our website are displayed in the applicable currency for your delivery country
• Prices include VAT where applicable, in accordance with EU VAT rules for cross-border sales
• Shipping costs are calculated and displayed during checkout before you confirm your order
• The total price including all taxes and shipping charges is clearly shown before order submission

6.2 Price Changes

We reserve the right to change prices at any time. Price changes do not affect orders that have already been confirmed. If a pricing error occurs, we will contact you before processing the order and give you the option to proceed at the correct price or cancel.

6.3 Payment Methods

We currently accept the following payment methods:

6.4 Payment Security

All payment transactions are processed securely. For bank transfers, your payment details are transmitted via encrypted connections. We do not store your full bank account details on our servers.

7. Shipping and Delivery

7.1 Delivery Areas

We deliver to 14+ countries across the European Union. The specific countries and any delivery restrictions are listed on our Shipping Policy page. We do not currently deliver outside the EU.

7.2 Delivery Times

Estimated delivery times are as follows:

• Order processing: 1–3 Business Days
• Standard delivery: 5–15 Business Days from dispatch, depending on the destination country

Delivery times are estimates and are not guaranteed. Delays may occur due to customs clearance, high demand periods (e.g., holidays), carrier issues, or force majeure events. We will make reasonable efforts to keep you informed of any significant delays.

7.3 Shipping Costs

Shipping costs vary depending on the delivery country, the weight and dimensions of the Products, and the selected delivery method. All shipping costs are clearly displayed during checkout before you confirm your order.

7.4 Risk of Loss

For Consumer purchases, the risk of loss or damage to the Products passes to you when you (or a person designated by you) physically receive the Products, in accordance with EU Consumer Rights Directive 2011/83/EU (Article 20).

7.5 Failed Delivery

If delivery is unsuccessful because:

• No one was available to accept delivery and the carrier left a notice
• You provided an incorrect or incomplete delivery address
• You refused to accept the delivery (except when exercising your right of withdrawal)

We will attempt to arrange redelivery. If the Products are returned to us due to failed delivery, we will contact you to arrange a new delivery (additional shipping charges may apply) or a refund minus the original shipping costs.

7.6 Damaged or Missing Items

If your order arrives damaged or with missing items, please contact us within 48 hours of delivery at info@habymart.shop with your order number and photographs of the damage. We will arrange a replacement or refund at no additional cost to you.

8. Right of Withdrawal

8.1 Withdrawal Period

The withdrawal period expires 14 days after the day on which you (or a person designated by you, other than the carrier) physically receive the Products. If you ordered multiple Products in one order that are delivered separately, the withdrawal period expires 14 days after the day on which you receive the last Product.

8.2 How to Withdraw

To exercise your right of withdrawal, you must inform us of your decision by means of a clear, unambiguous statement. You may:

• Use the model withdrawal form available on our Right of Withdrawal page
• Send an email to info@habymart.shop stating your intention to withdraw
• Send a written notice by post to our registered address

To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

8.3 Effects of Withdrawal

If you withdraw from the Contract:

• We will reimburse all payments received from you, including the cost of standard delivery (but not any supplementary costs if you chose a type of delivery other than the least expensive standard delivery offered by us)
• We will make the reimbursement within 14 days of receiving the returned Products (or proof that you have sent them back, whichever is earlier)
• We will use the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise
• We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products

8.4 Return of Products

You must send back the Products without undue delay and in any event no later than 14 days from the day on which you communicate your withdrawal to us. The deadline is met if you send back the Products before the 14-day period has expired. You bear the direct cost of returning the Products.

Products must be returned in their original condition, unused, and with all original packaging and accessories. You are liable for any diminished value of the Products resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Products.

8.5 Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to:

• Products that have been personalised or custom-made to your specifications
• Sealed Products that are not suitable for return due to health or hygiene reasons, if they have been opened after delivery
• Products that have been inseparably mixed with other items after delivery

For full details, including the model withdrawal form, please visit our Right of Withdrawal page.

9. Returns and Refunds

9.1 Extended Return Policy

In addition to the 14-day statutory right of withdrawal, we offer an extended 30-day return policy from the date of delivery. This means you may return Products within 30 days of receiving them, provided that:

• The Products are unused and in their original condition
• All original packaging, labels, and accessories are included
• You contact us first at info@habymart.shop to request a return

9.2 Refund Process

• Once we receive and inspect the returned Products, we will notify you of the approval or rejection of your refund
• Approved refunds will be processed within 14 days of receiving the returned Products
• Refunds are issued using the original payment method: bank transfer refund for bank transfer payments, cash refund or bank transfer for COD orders
• Original shipping costs are refunded only if the return is due to our error (wrong Product, defective Product) or if it falls within the 14-day statutory withdrawal period

9.3 Defective Products

If you receive a defective Product, please contact us immediately. We will arrange for a replacement or full refund (including return shipping costs) at no charge to you. This is without prejudice to your rights under the legal warranty (Section 10).

10. Legal Warranty

10.1 Two-Year Legal Warranty

Under the EU Sale of Goods Directive 2019/771 (which replaced Directive 1999/44/EC), all Products sold to Consumers benefit from a minimum two-year legal warranty (guarantee of conformity) from the date of delivery.

10.2 Conformity

Products must conform to the Contract, meaning they must:

• Match the description, type, quantity, quality, and functionality as stated on our website
• Be fit for the purposes for which goods of the same type would normally be used
• Possess the qualities and features normal for goods of the same type and that you may reasonably expect given the nature of the goods and any public statements made by us
• Be delivered with all accessories and instructions

10.3 Presumption of Non-Conformity

Any lack of conformity that becomes apparent within one year of delivery is presumed to have existed at the time of delivery, unless we can prove otherwise or this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.

10.4 Remedies

If a Product does not conform to the Contract, you are entitled to:

1. First remedy: Repair or replacement of the Product, free of charge, within a reasonable time and without significant inconvenience to you
2. Second remedy: If repair or replacement is not possible, disproportionate, or not carried out within a reasonable time, you are entitled to a proportionate reduction of the price or termination of the Contract (full refund)

10.5 National Variations

Some EU Member States provide longer warranty periods or additional consumer protections. Nothing in these Terms limits any additional rights you may have under your national legislation.

11. Limitation of Liability

11.1 General Limitations

To the maximum extent permitted by applicable law:

• Our total aggregate liability arising out of or in connection with any order shall not exceed the total amount paid by you for that order
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill
• We shall not be liable for any damage or injury resulting from misuse of our Products or failure to follow product instructions and safety guidelines

11.2 Exclusions

11.3 Website Availability

We do not guarantee that our website will be available at all times or free from errors, viruses, or other harmful components. We are not liable for any losses resulting from the temporary unavailability of our website.

12. Intellectual Property

12.1 Ownership

All content on our website — including but not limited to text, graphics, logos, images, product photographs, video content, icons, page layout, and software — is the property of BOOSTER28 ADS S.R.L. or its content suppliers and is protected by international copyright, trademark, and intellectual property laws.

12.2 Permitted Use

You may view, download, and print content from our website for your personal, non-commercial use only, provided that you:

• Do not modify or alter the content in any way
• Do not remove any copyright, trademark, or other proprietary notices
• Do not use the content for any commercial purpose without our prior written consent

12.3 Prohibited Use

Without our prior written permission, you may not:

• Reproduce, distribute, or publicly display any content from our website
• Use any data mining, robots, scraping, or similar data-gathering tools on our website
• Use our trademarks, trade names, or logos in any manner that may cause confusion
• Frame or mirror any part of our website on another website

13. User Conduct

When using our website, you agree not to:

• Use the website for any unlawful purpose or in violation of any applicable laws
• Provide false, misleading, or inaccurate information during the ordering process
• Attempt to gain unauthorised access to any part of our website, servers, or databases
• Interfere with or disrupt the operation of our website or the servers and networks connected to it
• Transmit any viruses, malware, or other harmful code
• Engage in any activity that could damage, disable, or impair our website
• Use the website to collect personal data of other users

We reserve the right to suspend or terminate your access to our website if we believe you are in breach of these provisions.

14. Privacy and Data Protection

We take the protection of your personal data seriously. The collection, use, and storage of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms & Conditions.

By using our website and placing an order, you acknowledge that you have read and understood our Privacy Policy and our Cookie Policy.

Key points:

• We process your personal data in accordance with the GDPR and applicable Romanian data protection legislation
• We only collect data that is necessary for order fulfilment and legitimate business purposes
• You have the right to access, rectify, erase, and port your personal data at any time
• We do not sell your personal data to third parties

15. Governing Law and Jurisdiction

15.1 Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.

15.2 Consumer Protection

15.3 Jurisdiction

Any disputes arising from these Terms & Conditions shall be subject to the jurisdiction of the competent courts of Brașov, Romania. However, if you are a Consumer in the EU, you may also bring proceedings in the courts of the EU Member State in which you are domiciled.

16. Online Dispute Resolution

In accordance with Regulation (EU) No 524/2013, the European Commission provides an Online Dispute Resolution (ODR) platform to help consumers resolve disputes related to online purchases without going to court.

You may use the ODR platform to submit a complaint about a Product or service purchased on our website. Our email address for the purposes of the ODR platform is: info@habymart.shop.

We are committed to resolving disputes amicably. Before initiating formal proceedings, we encourage you to contact us first so that we can attempt to find a satisfactory resolution.

17. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under the Contract if such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, pandemics, epidemics
• War, terrorism, civil unrest, or government actions
• Strikes, industrial disputes, or labour shortages
• Power failures, internet or telecommunications failures
• Supplier failures or shipping disruptions
• Import/export restrictions or customs delays

In the event of a force majeure lasting more than 30 days, either party may cancel the affected orders. If we cancel due to force majeure, we will issue a full refund.

18. Amendments

We reserve the right to modify these Terms & Conditions at any time. Changes will be effective upon publication on our website with an updated “Last Updated” date.

Changes do not apply retroactively. Orders placed before the effective date of any change are governed by the Terms & Conditions in effect at the time the order was placed.

We recommend that you review these Terms & Conditions each time you visit our website or place an order.

19. Severability

If any provision of these Terms & Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these Terms & Conditions without affecting the validity and enforceability of the remaining provisions.

20. Entire Agreement

These Terms & Conditions, together with our Privacy Policy, Cookie Policy, Right of Withdrawal page, and any applicable Shipping Policy, constitute the entire agreement between you and BOOSTER28 ADS S.R.L. in relation to your use of our website and the purchase of Products.

These Terms supersede all prior agreements, negotiations, representations, and proposals, whether written or oral, relating to the same subject matter.

21. Contact Information

If you have any questions, concerns, or complaints regarding these Terms & Conditions, please do not hesitate to contact us: