Terms and conditions

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of BugBell GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods displayed in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3 Depending on the Seller's product description, the subject of the contract can be either the purchase of goods by way of a one-time delivery or the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract term at the contractually owed time intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. coatthermore, the Customer can also submit the offer to the Seller by telephone or email.

2.3 The Seller can accept the Customer's offer within five days,

• by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting the Customer to pay after placing their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting the "PayPal Express" payment method, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects "PayPal Express" as the payment method during the online ordering process, they also issue a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that concludes the ordering process.

2.5 When an offer is submitted via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in text form (e.g., email, fax or letter) after their order has been sent. The contract text will not be made accessible by the Seller beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which magnifies the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German language is exclusively available for the conclusion of the contract.

2.8 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller with order processing can be delivered.

2.9 When selecting the "Amazon Payments" payment method, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, viewable at https://payments.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the time the Customer initiates the payment process by clicking the button that concludes the ordering process.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 coatther information on the right of withdrawal can be found in the Seller's cancellation policy.

3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of concluding the contract and whose sole residence and delivery address are outside the European Union at the time of concluding the contract.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory value-added tax. Any additional delivery and Shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers even if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made using a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal User Agreement, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the terms and conditions for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 When selecting "SOFORT" as the payment method, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", identify themselves accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. coatther information on the "SOFORT" payment method can be found on the Internet at https://www.klarna.com/sofort/

4.7 When selecting a payment method offered via the payment service "Shopify Payments", payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Seller's online shop. For processing payments, Stripe may use additional payment services, for which special payment conditions may apply, to which the Customer may be separately informed. coatther information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de

4.8 When choosing SEPA direct debit as the payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification of payment has expired. The direct debit will be collected when the ordered goods leave the Seller's warehouse, but not before the deadline for the pre-notification has expired. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the Seller to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit even though they are not entitled to do so, the Customer shall bear the fees incurred by the respective credit institution due to the chargeback if they are responsible for this.

4.9 When selecting the direct debit payment method via Stripe, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe collects the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification has expired. Pre-notification ("Pre-Notification") is any communication (e.g., invoice, policy, contract) to the Customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit even though they are not entitled to do so, the Customer shall bear the fees incurred by the respective credit institution due to the chargeback if they are responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.

4.10 If bank transfer is agreed as the payment method, the purchase price is to be paid within 10 (ten) days of receipt of the order confirmation, unless otherwise agreed. The Seller reserves the right to offer the bank transfer payment method only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.

4.11 In our online shop, you have several direct payment options. Your payment will be processed by Mollie B.V., Keizersgracht 126, 1015CW Amsterdam, Netherlands. The personal data required for payment processing will first be transmitted to Mollie B.V., which will then forward your data to the respective financial service provider selected by you for payment purposes. Your data will be transmitted to the payment service provider Mollie B.V. exclusively for the purpose of payment processing in accordance with Art. 6 Para. 1 lit. b GDPR. The transmission of your data will only take place to the extent that it is actually necessary for payment processing. The details of the selected payment method can be found below. The applicable Privacy policy regulations of Mollie B.V. can be viewed at https://www.mollie.com/de/privacy.

5) Delivery and Shipping Conditions

5.1 The delivery of goods takes place by Shipping to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 If the Shipping company returns the dispatched goods to the Seller because delivery to the Customer was not possible, the Customer shall bear the costs for the unsuccessful Shipping. This does not apply if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had notified them of the service a reasonable time in advance. coatthermore, this does not apply to the costs for the Shipping if the Customer effectively exercises their right of withdrawal. For the return costs, the provision made in the Seller's cancellation policy applies if the Customer effectively exercises their right of withdrawal.

5.3 Self-collection is not possible for logistical reasons.

6) Contract Duration and Termination for Subscription Contracts (Savings Plan)

6.1 Subscription contracts are concluded indefinitely and can be terminated by the Customer at any time without observing a notice period.
6.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected.
6.3 Terminations must be made in writing, in the Savings Plan Dashboard of the customer portal, or in text form (e.g., by email).

7) 30-Day Money-Back Guarantee

7.1 These General Terms and Conditions (GTC) apply to the 30-day money-back guarantee for all first orders up to a value of €50 placed through our online shop.

7.2 The 30-day money-back guarantee applies exclusively to the first order of a new customer.

7.3 The Customer has the right to return the ordered goods within 30 days of receipt without stating reasons and to receive a full refund of the purchase price (excl. Shipping fees).

7.4 To claim the money-back guarantee, the Customer must inform us of their wish to return the goods within 30 days of receipt. This can be done by email, phone, or via the return form on our website.

7.5 Upon receipt of the return notification, we will review the request and decide at our discretion whether a return label for unopened goods will be provided. In cases where a return label is issued, we will send the label to the Customer by email or another suitable method.

7.6 The Customer is obliged to return the goods in their original condition and in their original packaging. Signs of use that go beyond a customary inspection of the goods may lead to a reduction in the refund.

7.7 The return of the goods must take place within 14 days of receiving the return label or the return confirmation.

7.8 After receipt and inspection of the returned goods, the purchase price will be fully refunded – even for already opened goods, excluding Shipping fees.

7.9 The refund will be made via the originally chosen payment method. The processing time for the refund is usually 7 to 14 days after receipt of the return.

8) Retention of Title

If the Seller makes advance performance, it retains ownership of the delivered goods until the purchase price owed has been paid in full.

9) Redemption of Discount Vouchers in the Form of Referral URLs and Referral Codes

9.1 Discounts (hereinafter "new customer discount") granted to the buyer by entering a referral code can only be redeemed in the Seller's online shop.

9.2 Individual products may be excluded from the new customer discount.

9.3 New customer discounts can only be redeemed before the order process is completed. Subsequent crediting is not possible.

9.4 To enter a new customer discount in the form of a referral code, prior registration as a customer is required. Only one new customer discount can be redeemed per customer.

9.5 The new customer discount will not be refunded if the customer returns goods paid for entirely or in part with the promotional voucher within the scope of their statutory right of withdrawal.

Affiliate Program Terms and Conditions

By generating your own discount code, you confirm that you have read, understood, and agreed to these General Terms and Conditions.

Program Participation

By generating your own discount code, you are bound by the terms of this agreement. Participation in the program serves solely this purpose: to legally promote our website, distribute discount codes, and receive a commission for products purchased by the individuals you refer.

Community Responsibilities

It goes without saying that you will comply with all laws, as well as email marketing and anti-spam laws, for All products you present to current and potential customers. BugBell reserves the right to accept or reject potential customers. BugBell will pay you a commission per customer referred using your discount code according to the agreed payment schedule.

Either you or BugBell can terminate the relationship at any time. You are only eligible to receive thank-you credits during your time as an approved affiliate. BugBell may change the program or service policies and operating procedures at any time. BugBell reserves the right to terminate the partner relationship of current customers at any time if there is an important reason that would justify their exclusion.

Partner Relationship

This affiliate relationship is one with independent contractors. BugBell is not liable for indirect, special, or consequential damages arising in connection with this program. Our total liability arising in connection with this program will not exceed the sum of referral fees paid or payable to you. Interspire makes no express or implied warranties or representations regarding the program. coatthermore, BugBell makes no representation that the operation of the service will be uninterrupted or error-free, and BugBell is not liable for the consequences of interruptions or errors. The partner is permitted to promote the program operator's products with the BugBell advertising materials (banners/flyers/text links, etc.) in any number.

Credits/Commission

The partner's remuneration is on a "pay-per-sale" basis, meaning an ongoing commission is allocated for every successfully completed order and paid invoice from a third party. The partner promotes the partner program operator's offers by integrating self-created discount codes. Changes to the discount code link are permitted by BugBell. The partner is entitled to payment of the commission amount if an order is placed on BugBell's website and correctly confirmed by email by the ordering party. The claim for commission is forfeited if the calculation of the ordering party's services is not possible, e.g., due to non-payment of the invoice amount, chargebacks, or incorrect orders, etc. In such cases, a commission release will only occur if the calculation of the referred qualified transaction is successfully carried out later.

The partner's payout is made at the partner's request by activating the payout in the partner interface.

Partner Obligations

a) The partner assures that:

✓ they are a natural person with full legal capacity who has reached the age of 18 or has the consent of a legal guardian and the guardianship court.

✓ their partnership relationship does not violate applicable law of the Federal Republic of Germany (especially regarding the trade regulations - paragraph 15 section 2 of the Income Tax Act (EStG)).

✓ the materials used for promotion do not contain violence, discriminatory or defamatory statements against individuals, or violate public decency.

✓ they do not promote the partner program using unfair means (e.g., spamming).

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The credit of a promotional voucher will neither be paid out in cash nor bear interest.

10.8 The promotional voucher will not be refunded if the customer returns goods paid for entirely or in part with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is intended only for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

10.10 Promotional vouchers can only be redeemed by consumers.

11) Liability for defects (warranty)

11.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

11.2 The customer is requested to report delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. Failure to do so has no effect on his statutory or contractual claims for defects.

12) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

13) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's registered office. If the customer has its seat outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the aforementioned cases, however, the seller is always entitled to appeal to the court at the customer's domicile.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

14.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.