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Terms of service
TERMS OF SERVICE / OVERVIEW
Welcome to BLOONYX! The terms "we", "us" and "our" refer to BLOONYX. BLOONYX operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the "Services"). BLOONYX is powered by Shopify, which allows us to provide the Services to you.
The following terms and conditions, as well as any policies referenced herein (these "General Terms and Conditions" or "Terms"), outline your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting or using our Services, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age or that you have the consent of your legal representative to use the Services and to place orders.
To use the Services, including accessing or browsing our online shops or purchasing the
products and services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you possess all necessary rights to provide this information.
You are solely responsible for maintaining the security of your login credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online shops. However, please note that the colors or appearance of the products may differ from how they appear on your screen, depending on the type of device you use to access the shop, as well as your device's settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or match the images or representations in our online shops.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of the products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. BLOONYX reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not accepted until BLOONYX confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as BLOONYX may not be able to accommodate cancellation requests once the order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time the order was placed.
The return or exchange of your purchases is governed exclusively by the provisions of our Cancellation Policy [LINK].
You represent and warrant that your purchases are for your personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping costs, handling fees, customs duties, or import charges.
Prices listed in our online shops may differ from prices in our physical stores or in online shops and other stores operated by third parties. We may offer promotions from time to time in connection with our Services, which may affect pricing and are subject to separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
Delivery will be made to the delivery address specified by the customer.
The risk of accidental loss and accidental deterioration of the goods passes to the customer only upon delivery of the goods to the customer or an authorized recipient.
Delivery times are non-binding estimates unless a binding delivery date has been expressly agreed upon.
We are not liable for delays beyond our control (e.g., force majeure, strikes, delays caused by shipping service providers).
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, texts, advertisements, images, graphics, product reviews, videos, and audio files, as well as their design, selection, and arrangement, are the property of BLOONYX, its affiliates, or licensors and are protected by US and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you must not reproduce, distribute, modify, publicly display, publicly perform, republish, download, store, transmit, or create derivative works of any of the materials on the Services. Except as expressly provided herein, nothing in these Terms grants you a license or any other rights under any patent, trademark, copyright, or other intellectual property of BLOONYX, Shopify, or any third party, or can be construed as granting any such license or right. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by BLOONYX.
The names, logos, product and service names, designs, and slogans of BLOONYX are trademarks of BLOONYX or its affiliates or licensors. You must not use such marks without the prior written permission of BLOONYX. The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any harm or damages related to your access to external websites or your purchase or use of goods, services, resources, or content made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
BLOONYX is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our shop are directly with BLOONYX. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and BLOONYX, including any injuries, damages, or losses resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or in connection with your purchases and transactions with BLOONYX.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here, and certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services will be transmitted and shared with Shopify, as well as third-party providers who may be located in a country other than your country of residence, to provide services to you. For more information on how we, Shopify, and our partners use your personal data, please refer to our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you send, upload, post, email, or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or possess all necessary rights to any Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against our employees or any other individuals; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including junk mail, chain letters, spam, or similar unsolicited messages; (h) to impersonate or attempt to impersonate another natural or legal person, or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm BLOONYX, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or otherwise exploit any portion of the Services; (c) collect or track the personal information of others; (d) abuse the Services with spam, phish, pharm, or pretext; (e) use any robot, spider, scraping tools, data gathering and extraction tools, automatic device or process, AI tools (e.g., agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or manipulate the security or authorization features, the robot exclusion header, or any other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause an Agent to access, use, or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of or at the direction of a natural or legal person and that can be executed on behalf of or using a person's device without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in Section 14.4 below. Furthermore, no Agent is permitted to access, use, or interact with the Services if we have requested it to refrain from accessing, using, or interacting with a Service.
14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses, and interacts with the Services.
14.4 Agents: (i) must specify in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the User-Agent string of the request: "Agent/[Agent Name]". (ii) must not conceal or obscure that access, use, or interactions originate from an Agent, for example by (a) mimicking human behaviors and interaction patterns or (b) completing or bypassing CAPTCHAs or measures designed to distinguish computer use from human use; (iii) must truthfully answer questions or prompts designed to determine whether interactions originate from a human or a computer; (iv) must not circumvent or otherwise avoid measures intended to prevent, restrict, modify, or control whether and how Agents access, use, or interact with Shopify Consumer Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
Statutory warranty rights apply.
In the event of defects in the delivered goods, you are entitled to supplementary performance (rectification or replacement delivery). If the supplementary performance fails, you may reduce the purchase price or withdraw from the contract in accordance with statutory regulations.
Any additional warranties apply only if they are expressly stated in connection with the respective product.
SECTION 17 – LIMITATION OF LIABILITY
We are liable without limitation for damages resulting from injury to life, body, or health, as well as for damages based on intent or gross negligence.
In the event of a slightly negligent breach of material contractual obligations (cardinal obligations), our liability is limited to the contractually typical, foreseeable damage.
Any further liability is excluded.
The provisions of the Product Liability Act remain unaffected.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BLOONYX, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of applicable law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a delay in notification does not relieve you of your obligations unless it causes you material prejudice. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of any indemnification claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and predictability of any other remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
Without our prior written consent, you may not delegate, assign, or transfer this contract or your rights and obligations under these Terms; any such attempt shall be void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
If you are a consumer and have your habitual residence in another country within the European Union, mandatory consumer protection regulations of that country remain unaffected.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
The most current version of the Terms of Service can be reviewed at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at office@bloonyx.de.
Our contact information can be found below:
BLOONYX - Sebastian Drobe
contact@bloonyx.de
Hohenweidener Weg 55
06128 Halle (Saale)
+49 345 963 904 88
European Commission Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/