Terms of Service

wunderbon enables you to digitally receive, archive and manage receipts, other invoices or statements for individual sales transactions via the Internet and on your smartphone.

This offer is provided by wunderbon, ℅ Factory Campus GmbH & Co. KG, Erkrather Str. 401, 40231 Düsseldorf, Germany (hereinafter “wunderbon”). These wunderbon Terms of Service apply to the relationship between you and wunderbon if you have registered as a user (hereinafter “wunderbon user”) online via the wunderbon Platform under the domain wunderbon.app (hereinafter “wunderbon Platform”).

1. Subject of the Contract

1.1

If you register as a wunderbon user via the wunderbon Platform (see point 2.),

  • wunderbon assigns you a personal identification number (hereinafter “wunderbon-ID”) and a personal bar or QR code (hereinafter “wunderbon-Code”), and
  • sets up a data folder for you in digital form (hereinafter “wunderbon account”) in which you can store general and personal data, billing data for the individual sales transactions between you and the providers of goods or services that use wunderbon (hereinafter “wunderbon partners”), as well as other information (collectively “wunderbon information”) from wunderbon, if applicable.

1.2

As a wunderbon user, you can download a special wunderbon app (hereinafter “wunderbon app”) to your smartphone (currently running iOS or Android) via the Internet. When you launch the wunderbon app on your smartphone, your wunderbon ID and code will appear on the smartphone screen. In order for a wunderbon partner to be able to send the billing data for a single sales transaction between you and that wunderbon partner to your wunderbon account on the wunderbon Platform, so that the billing data can be stored in your wunderbon account, please tell the wunderbon partner your wunderbon ID or call the wunderbon app on your smartphone and have the wunderbon partner read the wunderbon code that appears on the smartphone screen.

1.3

By entering your wunderbon-ID at the checkout of a wunderbon-partner or by calling the wunderbon-app on your smartphone (currently with operating system iOS or Android) at the checkout of a wunderbon-partner and letting the wunderbon-partner read the wunderbon-code from the screen of your smartphone, you agree to the respective wunderbon partner’s electronic billing of the respective sales transaction via the wunderbon Internet Platform, to the transfer of invoice data by the wunderbon partner to the wunderbon Platform and to the storage of invoice data in your wunderbon account, and renounce to the wunderbon partner’s billing of the sales transaction in paper form.

1.4

As a wunderbon user, you can retrieve, manage and print the wunderbon information via your wunderbon account and – if you have an Internet connection – via the wunderbon app on a smartphone (currently running iOS or Android).

1.5

In addition, the content and scope of wunderbon’s services were determined by the functionalities currently available on the wunderbon Platform.

2. Registration as wunderbon User

2.1

wunderbon user can be any natural or legal person.

2.2

Registration as a wunderbon user and the wunderbon account are free of charge for you.

2.3

You can register as a wunderbon user online via the wunderbon Platform under the domain wunderbon.app. When you register, you choose a password (hereinafter “wunderbon password”). By entering your wunderbon password, you will gain access to your wunderbon account on the wunderbon Platform.

3. Revocation

If you are a consumer, you have a right of withdrawal.

3.1 Cancellation Policy

You can cancel your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and also not before fulfilment of our duties to inform according to article 246 § 2 in connection with § 1 paragraph 1 and 2 EGBGB as well as our duties according to § 312g paragraph 1 sentence 1 BGB in connection with article 246 § 3 EGBGB.

The timely dispatch of the revocation is sufficient to comply with the revocation period. The revocation is to be addressed to:

wunderbon
℅ Factory Campus GmbH & Co. KG
Erkrather St. 401
40231 Düsseldorf
E-mail: hello[replace this with an at]wunderbon.app
Fax: +49 (0)211 942 598-1

3.2 Consequences of Revocation

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received services or benefits (e.g. benefits of use) to us, or if you are unable to return or surrender them in full or in part, or only in a deteriorated condition, you must pay us compensation for the value of the goods. This can lead to the fact that you must nevertheless fulfil the contractual payment obligations for the period until revocation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation, for us with its receipt.

3.3 Special Notes

The right of withdrawal expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.

4. Duties and Obligations of the wunderbon User

4.1

Your wunderbon password must be kept secret and must not be made accessible to unauthorized third parties. It is your responsibility to ensure that your access to your wunderbon account is restricted to you or persons authorized by you. If you become aware that your wunderbon password is known to unauthorized third parties, you must change your password immediately.

4.2

You are obliged to keep the e-mail address you have stored in your wunderbon account up to date so that we can send you relevant information.

4.3

You agree not to transmit to wunderbon any content in your wunderbon account and/or on the wunderbon app of your smartphone whose provision, distribution, publication or use violates applicable law, in particular criminal law, intellectual or industrial property rights or personal rights of third parties. In particular, the transmission of the following content is not permitted:

  • Insulting, defamatory, libellous, threatening, obscene, vulgar, harassing, racist, national socialist, extremist, pornographic or otherwise immoral or illegal contents
  • Content that impairs or endangers the development of children or adolescents
  • Content that violates human dignity or other protected legal interests
    Propaganda for anti-constitutional organizations
    trivialisation and/or glorification of war, violence or drugs
  • Contents which offend against good morals, good tone/handling forms or are grossly offensive
  • Content containing party or political advertising
  • Content that may cause others to commit criminal or otherwise immoral acts
  • Content that may violate the right of informational self-determination of third parties;
    Copied content in which you do not have all rights
  • Content that poses a security risk, such as viruses
  • Links to websites with illegal content
  • Private data (e.g. e-mail address) outside the profile
  • Unauthorized advertising on your own behalf, e.g. for discount promotions or lotteries

4.4

In the event of a transmission of content whose provision, distribution, publication or use violates applicable law, wunderbon is entitled to delete this content and in particular to ensure that it is no longer available in your wunderbon account and/or on your smartphone equipped with the wunderbon app and also otherwise via the Internet.

5. Contract Term, Termination of the Contract

5.1

You can cancel your wunderbon account at any time without notice by sending an e-mail to: customer-care[replace this with an at]wunderbon.app or by closing your wunderbon account on the wunderbon Platform.

5.2

wunderbon can cancel your wunderbon account at any time by sending an e-mail to the last e-mail address you entered in your wunderbon account with a notice period of three months.

5.3

wunderbon’s right to extraordinary termination for good cause remains unaffected.

5.4

wunderbon’s right to extraordinary termination for good cause remains unaffected.

5.5

wunderbon will make the information stored in your wunderbon account available for download for a period of three months after the end of the contractual relationship.

5.6

wunderbon reserves the right to delete the information stored in your wunderbon account three months after the end of the contractual relationship.

6. Availability

6.1

Basically, your wunderbon account is available seven days a week for 24 hours a day.

6.2

However, this does not apply if the availability of your wunderbon account is restricted or interrupted due to circumstances beyond wunderbon’s control.

6.3

wunderbon may restrict access to your wunderbon account if the security of the network operation, the maintenance of network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require this.

6.4

wunderbon is entitled to temporarily restrict access to your wunderbon account for maintenance work. wunderbon will announce scheduled maintenance work in good time. If possible, wunderbon will perform maintenance at times when the majority of wunderbon users are not using their wunderbon account.

7. Liability

7.1

wunderbon expressly distances itself from the content of all websites linked to the wunderbon Platform and accepts no responsibility or liability for their content. For these and for the accessibility and security of their websites, the providers of the respective websites themselves are responsible.

7.2

wunderbon expressly distances itself from content stored by wunderbon partners in your wunderbon account or elsewhere on the wunderbon Platform and assumes no responsibility or liability for such content. These are the responsibility of the wunderbon partners themselves.

7.3

wunderbon is liable

  • in cases of malice, intent and gross negligence,
  • in cases of injury to life, limb or health, and
  • in cases where the conditions for liability under the Product Liability Act are met, in accordance with the statutory provisions

7.4

Furthermore, wunderbon is liable for the violation of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation). In this respect, the liability is limited to the amount of the foreseeable, typically occurring damage.

7.5

There is no further liability on the part of wunderbon.

7.6

The above provisions on limitation of liability also apply to breaches of duty by wunderbon’s legal representatives and vicarious agents as well as to the personal liability of wunderbon’s employees, representatives and organs.

8. Privacy Policy

8.1

wunderbon uses your personal data within the framework of data protection regulations and within the framework of the consent you have given.

8.2

Further information on the collection and processing of your data can be found in the privacy policy.

9. Change of the Terms of Service

9.1

wunderbon reserves the right to change these wunderbon Terms of Service at any time with effect for the future.

9.2

wunderbon will notify you of such changes at least six weeks before the changes take effect by sending an e-mail to the e-mail address you last provided (hereinafter “change notification”).

9.3

Unless you object to the changes by sending an email to customer-care[replace with an at]wunderbon.app within six weeks of receiving the change notice, the changes will be deemed to have been accepted by you from the deadline. In the event of your objection, wunderbon may properly terminate your wunderbon account.

9.4

wunderbon will point out the right of objection, the consequences of an objection and the meaning of your silence separately in the notice of change.

10. Transfer of Contract

10.1

wunderbon is entitled to transfer these wunderbon Terms of Service to another, with wunderbon in the sense of §§ 15 ff. of the German Civil Code, by making a one-sided declaration to you. AktG (German Stock Corporation Act).

10.2

In this case you are entitled to an extraordinary right of termination.

11. General Regulations

11.1

This contract is governed exclusively by substantive German law. The application of the international UN Convention on Contracts for the International Sale of Goods is excluded.

11.2

Exclusive place of jurisdiction is Düsseldorf if you are a merchant, a legal entity under public law or a special fund under public law. wunderbon is, however, entitled to take action against you at your general place of jurisdiction.

11.3

These wunderbon Terms of Service apply exclusively. wunderbon does not accept any conflicting or deviating terms and conditions. These wunderbon Terms of Service shall also apply if wunderbon enters into a contract without reservation despite being aware of conflicting or deviating terms.

11.4

The invalidity or unenforceability of individual provisions of these wunderbon Terms of Service shall not affect the validity of the remaining provisions and the validity of the wunderbon Terms of Service in their entirety. The invalid or unenforceable provision shall be deemed replaced with retroactive effect by a valid and enforceable provision that comes as close as possible to the economic sense and purpose of the invalid or unenforceable provision.

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