General terms and conditions

If there are other contracts or agreements between the provider and sellers, they take precedence over these GTC. In such cases, these GTC shall only apply in addition to and in accordance with the applicable provisions from such contracts and agreements.

This application is offered by:

Bubble Tent Germany FM UG (haftungsbeschränkt)
Am Weinberg 29
77797 Ohlsbach

Provider e-mail address: [email protected]

“This application” refers to

• this website, including its subdomains and any other website through which the Provider makes the Service available;

• the application program interfaces (API);

The following documents, to which express reference is made, are an integral part of these GTC:

The most important at a glance

• It should be noted that individual provisions of these GTC may only be relevant for certain categories of users, for example, only for consumers or only for users who are not acting as consumers. Such limitations of scope shall be expressly referred to in each clause concerned. In the absence of such a reference, the clause shall apply to all users.

How this application works

Notwithstanding its role as a pure technical service provider as described above, the Provider may provide additional services to any party involved in such interactions, such as packaging, shipping or dispute resolution support.

This application is simply a technical infrastructure or platform that enables interaction between users. The provider is not directly involved in such interactions between users.

These GTC refer exclusively to this application and to the described use as a platform.
General terms and conditions and any other provisions specifically applicable to transactions between buyers and sellers will be communicated by the respective seller.

TERMS OF USE

Unless otherwise specified, the conditions listed in this section apply when accessing this application.

Individual or additional terms of use or access may apply in certain circumstances and, in such cases, are expressly identified in this document.

By using the Service, Users confirm to comply with the following conditions:

• Users can be consumers or business customers;

Account creation

In order to use the Service, Users may register or create a User Account by providing all data or information required for this purpose completely and truthfully.
The service can also be used without registering or creating a user account. However, this may result in limited availability of certain functions.

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible through this application.

Upon registration, users agree to be responsible for all actions taken in connection with their username and password.
Users are required to notify the Provider immediately and unambiguously via the contact details provided in this document if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.

Termination of the user account

User accounts can be deleted at any time as follows:

• By contacting the provider directly using the contact details provided in this document.

Blocking and deletion of the user account

The Provider reserves the right, at its sole discretion, to block or delete at any time and without notice any user accounts that it deems to be inappropriate or offensive or that it deems to be in violation of these GTC.

Due to the blocking or deletion of user accounts, the user shall not incur any claims for damages, indemnification or reimbursement.

The blocking or deletion of accounts for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

Content available through this application

Unless otherwise stated or clearly identifiable, all content available through this application is owned and provided by the provider or its licensors.

The Provider shall make every effort to exclude the possibility that the content provided via this application violates applicable legal provisions or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to address their complaint preferably to the contact details provided in this document. The right to enforce any claims (out of) court shall remain unaffected.

Rights to the content available through this application

All rights to the content are reserved by the provider.

Users may only use the content to the extent that this is necessary or – even implicitly – intended for the proper use of the service.

In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, transform, publish, transfer to or license to third parties, or enable third parties – even without the user’s knowledge – to perform said actions via their own device.

Where expressly indicated through this Application, the User may download, reproduce and/or distribute selected Content available through this Application for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the Provider are properly affixed.

Statutory limits or exceptions remain unaffected.

Access to external resources

Users may be able to access external resources provided by third parties through this application. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
The terms and conditions under which such resources provided by third parties are available and under which rights to use such content, if any, are granted are governed by the contractual terms of each third party or, in the alternative, by applicable law.

In particular, this application might contain third-party advertisements. The Provider does not control or moderate the advertisements displayed through this Application. By clicking on such ads, users establish a connection with such third parties who are responsible for the respective advertising.
The provider is therefore not liable for any consequences resulting from interactions with such third parties, esp. from visiting third-party websites or using third-party content.

Permitted use

This application and the service may only be used as intended and in accordance with these GTC as well as in accordance with the respective applicable legal regulations.

Users are responsible for ensuring that their access to this application and/or use of the Service does not violate any laws, regulations or third party rights.

Therefore, the Provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying Users access to this Application or the Service, terminating contracts, reporting objectionable acts taking place through this Application or the Service to the competent authorities – such as judicial or administrative authorities – if Users prove or presumably:

• violate legal regulations, ordinances or these GTC; or
• infringe the rights of third parties; or
• substantially prejudice the legitimate interests of the provider; or
• offend the provider or a third party.

“Invite friends”

Through this application, users have the opportunity to receive benefits when, based on their recommendation, a new user purchases a product offered through this application.
For this purpose, Users may invite third parties to purchase Products through this Application by sending them one of the “Invite Your Friends Codes” issued by the Provider. Each code can only be redeemed once.
If one of the invited persons redeems such a code when purchasing a product through this application, the inviting user will receive the corresponding benefit or advantage (such as: a discount, an additional feature, an upgrade, etc.). For details on the benefits provided, please refer to this application.
Invite-a-friend codes may be limited to the purchase of certain products.

The Provider reserves the right to terminate the Offer at any time and at its sole discretion.

The number of people who can be invited is not limited. The amount of benefit or advantage that each inviting user may receive may be limited.

API Terms of Use

Users can access their data related to this application through the application programming interface (API). Any use of the API, including use of the API by any third party product/service, is subject to these TOS and the following additional terms:

• The User acknowledges and expressly accepts that the Provider shall not be liable for any damages or losses resulting from the User’s use of the API or the use of any third party products/services that access data through the API.

TERMS OF SALE

Chargeable products

Some of the products available through this application as part of the service are subject to a fee.

Prices, terms and other conditions applicable to the purchase of such products are described below. In all other respects, reference is made to this application and to the respective sections provided for it.

Product description

Prices, descriptions and availability of the products can be viewed in the appropriate areas through this application and are subject to change without notice.

Although products are represented through this application with the greatest possible technical care, representations of any kind (including graphic representations, images, colors, sounds) are for reference only and do not constitute a warranty as to the characteristics of the purchased product.

The features of the selected product will be explained during the purchase process.

Purchase process

All steps from choosing a product to placing an order are part of the purchase process.

The purchase process includes the following steps:

• The user selects the desired product from the range and checks his own product selection.
• After checking the details of the product selection, the user can place the order by submitting it to the provider.

Order task

When the user places an order, the following applies:

• With placing the order the contract is concluded. Placing the order therefore creates an obligation for the User to pay the price, taxes and any other fees and expenses as indicated on the order page.
• If the purchased product requires the active input of information, such as personal information or data, specifications or special requests, the placing of the order shall constitute an obligation on the part of the user to cooperate accordingly.
• After placing the order, users will receive a confirmation of receipt.

All notifications related to the described purchase process will be sent to the e-mail address provided by the user for this purpose.

Prices

Users will be informed of all fees, taxes and charges (including any shipping charges) to be paid by them during the checkout process and before placing the order.

The prices are displayed via this application as follows:

• either exclusive or inclusive of all applicable fees, taxes and charges, depending on which section the user is currently in.

Payment methods

Information on accepted payment methods will be provided during the checkout process.

Some payment methods may only be available with additional conditions or fees. In these cases, you can find the relevant information in the corresponding section of the service (this application).

Payment methods that are handled by the provider itself are marked accordingly. In this case, the provider collects and stores the data required for payment processing and fulfillment of the associated legal obligations. The User may read the Privacy Policy of the Service (this Application) to learn more about data processing and their rights regarding their own data.

Other payment methods – if available – are managed via third-party services. In such cases, this application does not collect any payment data – e.g. credit card data – but merely receives a message from the third-party service provider concerned once the payment has been successfully made.

If the payment through the available methods fails the provider is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.

Authorization for future PayPal payments

When users authorize the PayPal feature that enables future purchases, this application stores an identification code that is linked to the users’ PayPal account. This authorizes this application to automatically process payments for future purchases or recurring installments of past purchases.

This authorization can be revoked at any time, either by contacting the provider or by changing the user settings at PayPal.

Maintenance of the rights of use

Users do not acquire any rights to use the purchased product until the full purchase price has been received by the Provider.

Delivery

Provision of services

The purchased service shall be provided or made available within the time period specified via this application, or as notified prior to the placement of the order.

User rights

Right of withdrawal

Unless there are exceptions, the user may revoke the contract within the period specified below (usually 14 days) without giving any reason. In this section, users will learn more about the revocation conditions.

The right of withdrawal does not apply to this application.

Users acknowledge and accept that due to the nature of the offer, the right of withdrawal does not apply to contracts concluded through this application.

Liability and compensation

EU users

Limitation of liability for user activities through this application.

The User acknowledges and accepts that the Provider only provides the User with the technical infrastructure and functions on the Service (this Application).

The provider neither mediates in interactions, agreements or transactions between users, nor moderates or promotes them, nor intervenes in them. He is therefore not liable for such interactions between users. This includes the fulfillment of obligations of users.

Users in Australia

Limitation of liability

Warranties, conditions, guarantees, rights and remedies available to users under the Competition and Consumer Act 2010 (Cth) are not affected in their entirety by the provisions of these TOS. The same applies to any similar mandatory state or territorial laws that confer indispensable rights on users. To the extent permitted by law, our liability to users – including liability for violation of an inalienable right and any other liability not excluded by virtue of these GTC – shall be limited to supplementary performance or reimbursement of the costs incurred for the renewed provision of the services, at the reasonable discretion of the provider.

Users in the USA

Disclaimer of warranty

This Application is provided and made available solely on an “as is” and “as available” basis. The use of the service is at your own risk. Provider expressly disclaims all conditions, representations and warranties – express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement to the extent permitted by law. Any advice or information, whether oral or written, obtained by the User from the Provider or through the Service shall not create any warranty unless expressly stated.

Notwithstanding the foregoing, provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content will be reliable, accurate, or correct; that the service will meet users’ expectations; that the service will be uninterrupted or reliable at any particular time or location; that any defects or errors will be corrected; or that the service will be free of viruses or other harmful components. All content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Users are solely responsible for any damage to the User’s computer system or mobile device or loss of data resulting from such download or use of the Service by the User.

The Provider does not warrant or assume responsibility for, nor endorse, any products or services advertised or offered by third parties through the Service or through any hyperlinked website or service. Transactions between users and third-party providers of products or services are neither mediated nor monitored by the provider.

The service could become inaccessible or stop working properly with the user’s web browser, mobile device and/or operating system. The provider cannot be held liable for perceived or actual damages arising from the content, operation or use of this service.

Federal law, some states, and other jurisdictions do not permit the exclusion or limitation of certain warranties. The above exclusions may not apply to users. This agreement gives users certain rights, while he could have other rights depending on the jurisdiction. The disclaimers, exclusions and limitations of liability under the Agreement shall be ineffective to the extent prohibited by applicable law.

Limitation of liability

• To the fullest extent permitted by law, in no event shall the vendor or its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers or employees be liable for
• Any indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to, damages for lost profits, goodwill, use, data or other intangible losses arising in connection with the service or its unavailability; and
• any damage or loss resulting from hacking, tampering or other unauthorized access or use of the Service or the User Account, and the information contained therein;
• any errors, mistakes or inaccuracies in the content;
• Personal injury or property damage of any kind arising from access to or use of the Service by the User;
• any unauthorized access to the Provider’s backup servers and/or the personal information stored therein;
• any interruption or cessation of transmission to or through the Service;
• any bugs, viruses, Trojans or the like that may be transmitted to or through the Service;
• any errors or omissions in the content or for any loss or damage arising from the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
• the defamatory, offensive or illegal behavior of a user or a third party. Any liability of Provider, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees for any claims, revenues, liabilities, obligations, damages, losses or costs shall be limited in amount to the amount paid under this Agreement by User to Provider during the preceding 12 months or, if less, over the entire term of this Agreement between Provider and User.

This limitation of liability applies to the fullest extent permitted by applicable law, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the provider has been advised of the possibility of such damages.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. These T&Cs confer certain rights on the User, while the User may be entitled to additional rights depending on the legal system. The exclusions and limitations of liability within the framework of the General Terms and Conditions shall be ineffective if prohibited by applicable law.

Compensation

User agrees to indemnify, defend and hold harmless Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debts and expenses, including, but not limited to, legal fees and expenses, arising out of or in connection with

• the access to and use of the Service by the User, including any data or content transmitted or received by the User;
• the User’s breach of these TOS, including but not limited to the User’s breach of any of the representations and warranties contained in these TOS;
• the violation of third party rights by the user, including but not limited to personal rights or intellectual property rights;
• the violation of legal provisions, rules or regulations by the user;
• any content transmitted from the user account, including in case of access by third parties with the user name, password or other security measures of the user – if any – and including misleading, false or inaccurate information;
• the alleged misconduct of the user; or
• the violation of any legal provision by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent permitted by applicable law.

Common provisions

No waiver

Failure by the provider to assert any right under these GTC or to enforce any provision under these GTC shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. He will inform the users appropriately.

Within the limits of the law, the provider may also decide to suspend or terminate the Service entirely. In the event of termination of the service, the provider will cooperate with users to enable them to delete personal data or information in accordance with the applicable law.

In addition, the Service may be unavailable for reasons beyond the control of the Provider, such as “force majeure” (e.g., labor disputes, infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this Application and Service in any way without the express prior written permission of Provider, granted either directly or through a lawful reseller program.

Privacy policy

To learn more about the use of their personal data, users may consult the privacy policy of the Service (this Application).

Intellectual property rights

Notwithstanding any more specific provisions of these TOS, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Service (this Application) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

All trademarks, names or figurative marks – and any other trademarks, trade names, service marks, word marks, illustrations, images or logos – appearing in connection with the Service (this Application) are and shall remain the exclusive property of Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

Changes to these GTC

The Provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will inform the user appropriately about these changes.

Such changes affect the relationship with the user only for the future.

By continuing to use the service, the user accepts the amended GTC. If users do not want to be bound by the changes, they must stop using the service. If the revised terms are not accepted, either party may terminate the contract.

For the relationship prior to the acceptance of the changes by the User, the respective valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.

If required by the applicable law, the Provider shall specify the date from which the amended GTC shall apply.

Assignment of rights and obligations

The Provider reserves the right, taking into account the legitimate interests of the User, to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC.
The provisions on amendments to the GTC shall apply accordingly.

Users may not assign or transfer their rights or obligations under the GTC in any way without the Provider’s written consent.

Contacts

All communications related to the use of the Service (this Application) must be sent to the contact information provided in this document.

Severability clause

If any provision of these TOS is or becomes invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any such invalid or unenforceable provisions shall be construed and amended to the extent necessary to make them valid, enforceable and consistent with their original intent. These GTC constitute the entire agreement between Users and the Provider on the subject matter of the Contract and shall prevail over any further communications between the Parties on the same subject matter of the Contract, including any prior agreements.
These GTC will be enforced to the extent permitted by law.

EU users

If any provision of these GTC is or is deemed to be invalid, or invalid or deemed to be invalid, the parties shall do their best to reach an agreement on valid and enforceable provisions in an amicable manner, thus replacing the invalid, void or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if this is permissible or provided for under the applicable law.

Notwithstanding the foregoing, the invalidity, voidness or unenforceability of any provision of these GTC shall not invalidate the entire agreement unless such provision is material to the contract or is of such importance that the parties would not have entered into the contract had they known of the invalidity of the provision. If the remaining terms would result in undue hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.

Applicable law

These GTC shall be governed by the laws of the place where the Provider has its registered office, with the exception of conflict of laws provisions. Users can find the specification of the seat in the corresponding section of this document.

Exception for European consumers

Notwithstanding the foregoing, users who act as European consumers and have their habitual residence in a country where the law provides for a higher standard of consumer protection shall be subject to that higher standard.

Jurisdiction

The courts of the place where the Provider has its registered office – as indicated in this document – shall have exclusive jurisdiction over any disputes arising out of or in connection with these GTC.

Exception for European consumers

This does not apply to users who act as European consumers nor to users who act as consumers and have their (residential) domicile in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable settlement of disputes

Users may address any disputes to the Provider, who will try to settle them amicably.

The user’s right to take legal action shall always remain unaffected. However, in case of any dispute regarding the use of the Service (this Application) or the Service, the User is requested to contact the Provider using the contact details provided in this document.

The User may submit the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the Provider’s e-mail address specified in this document.

The provider will process the request immediately within 21 days of receipt.

Online dispute resolution for consumers

The European Commission has established an online Alternative Dispute Resolution platform that provides an out-of-court procedure for resolving disputes related to online contracts with consumers.

As a result, consumers in the EU, Norway, Iceland or Liechtstein can use this platform to resolve disputes arising from contracts concluded online. The platform can be accessed at the following link.