General terms and conditions with customer information

1) Scope

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") has with the Seller with regard to the terms and conditions agreed by the Seller in his the goods presented in the 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 General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding 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 both the purchase of goods by way of a one-off delivery and 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 agreed time intervals.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but rather serve to make a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also make 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 asking the customer to pay after placing their order.

If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 If you select the payment method “PayPal Express”, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method as part of the online ordering process, he also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking on the button that completes the ordering process.

2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login details.

2.6 Before bindingly submitting the 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 of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.7 Only the German language is available for concluding 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 he provided to process the order 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 to process the order can be delivered.

2.9 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https ://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking on the button that completes the ordering process.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further 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 the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated 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 must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place 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 via bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When paying using a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the jurisdiction of PayPal -Terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order 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 will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find further information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.7 If you select a payment method offered via the payment service “Shopify Payments”, payment is processed via 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 are communicated to the customer in the seller's online shop. To process payments, Stripe may use other payment services to which special payment conditions may apply, to which the customer may be notified separately. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.8 If you select the SEPA direct debit payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not authorized to do so, the customer must bear the fees resulting from the chargeback from the respective credit institution if he is responsible for this .

4.9 If you select the direct debit payment method via Stripe, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe will collect 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 advance information has expired. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer that announces a debit using SEPA direct debit. If the direct debit is not honored due to insufficient account funds or due to incorrect bank details being provided, or if the customer objects to the debit even though he is not authorized to do so, the customer must bear the fees resulting from the chargeback from the respective credit institution if he is 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 has been agreed as the payment method, the purchase price must be paid within 10 (ten) days of receipt of the order confirmation, unless otherwise agreed. The seller reserves the right to only offer the bank transfer payment method 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 his payment information in the online shop.

4.11 In our online shop you have several immediate payment options. Your payment will be processed via Mollie BV Keizersgracht 126, 1015CW Amsterdam, Netherlands. The personal data required for payment processing is first transmitted to Mollie BV, which then forwards your data to the respective financial service provider you have selected for payment. In accordance with Article 6 Paragraph 1 Letter b GDPR, your data will be passed on to the payment service provider Mollie BV exclusively for the purpose of payment processing. Your data will only be passed on to the extent that this is actually necessary to process the payment. The details of the selected payment method can be found below. Mollie BV’s applicable data protection regulations can be found at https://www.mollie.com/de/privacy .

5) Delivery and shipping conditions

5.1 Goods are delivered 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, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.

5.3 Self-collection is not possible for logistical reasons.

6) Contract duration and contract termination for subscription contracts

6.1 Subscription contracts are concluded for an indefinite period 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. An important reason exists if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Terminations must be made in writing or in text form (e.g. by email).

7) Retention of title

If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.

8) Redeeming discount vouchers in the form of referral URLs and referral codes

8.1 Discounts (hereinafter “new customer discount”) that are guaranteed to the buyer by entering a referral code can only be redeemed in the seller’s online shop.

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

8.3 New customer discounts can only be redeemed before the ordering process is completed. Subsequent billing is not possible.

8.4 In order to be able to enter a new customer discount in the form of a referral code, you must first register as a customer. A new customer discount can only be redeemed once.

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

Terms and Conditions Affiliate Program

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

Participation in the program

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

Community Responsibilities

It goes without saying that you will comply with all laws, 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 established payment plan.

Either you or BugBell may 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 an independent contractor relationship. BugBell shall not be liable for any indirect, special or consequential damages arising in connection with this program. Our aggregate liability arising in connection with this Program will not exceed the sum of the referral fees paid or payable to you. Interspire makes no express or implied warranties or representations regarding the Program. Furthermore, BugBell makes no representation that the operation of the Service will be uninterrupted or error-free, and BugBell will not be liable for the consequences of any interruptions or errors. The partner is permitted to advertise the program operator's products using BugBell advertising materials (banners/flyers/text links, etc.) in any number.

Credits/Commission

The partner is remunerated as “Pay-Per-Sale”, which means that an ongoing commission is allocated for every successfully completed order and paid invoice from a third party. The partner promotes the offers of the partner program operator by integrating discount codes that they create themselves. BugBell is permitted to change the discount code link. The partner is entitled to a payment of the commission amount if an order has been placed on the BugBell website and has been correctly confirmed by email by the person placing the order. The right to commission is forfeited if it is not possible to calculate the orderer's services, e.g. due to non-payment of the invoice amount, return direct debits or incorrect orders, etc. In such cases, a commission will only be released if the calculation of the brokered qualified transaction is later successfully carried out.

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

Partner's obligations

a) The partner assures that

✓ that he is a fully legally competent natural person who has reached the age of 18 or has a declaration of consent from the legal guardian and the guardianship court.

✓ that his partnership relationship does not violate the applicable law of the Federal Republic of Germany (especially with regard to the trade regulations - paragraph 15 paragraph 2 of Income Tax Act (EStG)) .

✓ that the materials used for advertising do not contain any depictions of violence, discriminatory or defamatory statements against people or violate common decency.

✓ that he does not advertise the partner program using unfair means (e.g. sending spam).

9) Redeeming promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions 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 during the specified period.

9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

9.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.

9.4 Only one promotional voucher can be redeemed per order.

9.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

9.6 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 pay the difference.

9.7 The balance of a promotional voucher will neither be paid out in cash nor interest.

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

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

9.10 Promotional vouchers can only be redeemed by consumers.

10) Liability for defects (warranty)

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

10.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

11) Applicable Law

The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

12) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is 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 above cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.

13) Alternative Dispute Resolution

12.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.