General Terms and Conditions
The following General Terms and Conditions shall apply exclusively for participation in the Bonsum reward scheme operated by Bonsum UG (limited liability) (hereinafter referred to as "Bonsum").
2. Participation in the Scheme
2.1 Participation in the scheme is open to anyone who has registered directly with Bonsum for this purpose. Persons entitled to register include natural persons having at least limited legal capacity and juridical persons. Registration takes place online and involves registration and confirmation of the Participant's email address and the sending of the registration form to Bonsum.
2.2 Bonsum will set up an account for the Participant as soon as their registration has taken place. The contract between the Participant and Bonsum is hereby concluded and the Participant's participation in the Bonsum reward scheme is deemed to have begun.
2.3 The Participation is to provide current and correct information during the registration process. Any changes to information given are to be shared with Bonsum without undue delay. If the Participant fails to fulfil this obligation, they must bear all costs and damages resulting herefrom.
2.4 Participation in the scheme is free and may be terminated at any time.
2.5 A Bonsum account may only be used (for collecting reward points, etc.) by the registered individual. Multiple participants are not permitted to log in usng the same account. No participant may have more than one Bonsum account. If a single participant registers for multiple accounts, Bonsum is entitled to close all wrongfully opened accounts as well as the initial account of the participant responsible. The participant will forfeit all points collected on the accounts.
2.6 Bonsum reserves the right to refuse a participant's registration without giving reason.
Right of cancellation: The Participant may cancel the declaration of agreement for their registration in the Bonsum scheme without giving reason within a period of one month. This cancellation must be made in writing (e.g. email, letter). The cancellation period begins following the Participant's receipt of this policy in written form, but not before the conclusion of the contract and not before we have fulfilled our duties to inform in compliance with Article 246 § 2 in connection with § 1 Para. 1 and 2 EGBGB and our duties pursuant to § 312g Para. 1 Sentence 1 BGB in connection with Article 246 § 3 EGBGB. The cancellation period will be deemed to have been adhered to if the notice of cancellation is sent before the period expires. The cancellation notice is to be addressed to: Bonsum UG (limited liability), Gartenstrasse 3a, 10115 Berlin / Email: . Consequences of cancellation: In the event of a valid cancellation of this agreement, each party shall return to the respective other party the benefits received (e.g. interest).
If the Participant is unable to return some or all of the service and benefits received (e.g. benefits from use), or is able to return them only in an impaired condition, they must compensate Bonsum accordingly. This may mean that the Participant is nevertheless required to satisfy their contractual payment obligations for the period until the revocation. Obligations to reimburse payments must be satisfied within 30 days. For the Participant, this period begins with the sending of the cancellation notice; for Bonsum, the period begins with receipt of this notice. Special note: the Participant's right of cancellation shall expire prematurely if the agreement, at the Paricipant's express request, has been executed in full by both parties prior to the right of cancellation being exercised. - End of cancellation instrutions -
4. Collecting Bonets (Reward Points)
4.1 In registering with Bonsum, Bonsum participants gain the opportunity to collect so-called "Bonets" (reward points). Bonets collected are credited to the Paricipant's Bonsum account.
4.2 Bonets can be collected on partners' websites and on Bonsum's own website.
4.3 Once a transaction facilitated by Bonsum is complete, the Bonets will be provisionally credited to the Participant's account. Pending reward points are identified as such on the Bonsum account. The subsequent actual crediting of Bonets is dependent on the fulfillment of conditions set by Bonsum and its partner companies. Bonets are only available to the Participant one they have been definitively credited. Bonets may be cancelled if the Participant violates these General Terms and Conditions or if the requirements for receiving Bonets have not been fulfilled. Furthermore, Bonsum reserves the right to cancel Bonets if the transaction on the basis of which the Bonets were awarded is partially or fully reversed. Bonets can also be cancelled due to accounting errors or to a misue of the reward scheme, in particular the carrying out of bogus transactions. If the Participant misuses the Bonsum scheme, their account will be blocked from the time at which the misuse becomes evident. Bonets that were rightfully earned by the Participant before the incidence of misuse may no longer be redeemed.
4.4 Bonets collected are valid for four (4) years from the time they are successfully credited, so long as the Participant remains signed up to the Bonsum scheme. If Bonets are not redeemed within this time, they will expire at the end of the next quarter.
4.5 Communication and Sending of Information
The sending of advertising material by email newsletter will occur only once the Participant has consented specifically for this to occur. Users may subscribe or unsubscribe from the newsletter or from special Bonsum services at any time under the menu item "My Data" - My Account.
5. Redeeming Points
Participants can choose whether to convert Bonets to credit or vouchers. It is not possible for Bonets to be converted into monetary value and paid out or offset against purchases. This also applies in the case that the Participant cancels their membership of the scheme.
6. Account Access
6.1 If the Participant has registered on the website, they can access their account once they have verified their identity to Bonsum via their email address and password or through another process specified by Bonsum.
6.2 The Participant is obligated to keep their password and email address safe and to protect them from access by third parties. The password can be changed by the Participant at any time. All instances authorised and non-authorised access attempts made with the Participant's password shall be deemed to have been carried out by the Participant.
6.3 If the Participant fails to object to a balance notification within four weeks of receiving or requesting the notification, the account balance contained within will be deemed to have been approved.
7.1 Claims for damages against Bonsum are excluded irrespective of legal grounds unless Bonsum, its legal representatives or vicarious agents have breached material contractual obligations or an injury to life, body or health has occurred. This applies whether the breach/injury was caused through wilful intent or was a result of gross negligence.
7.2 Insofar as Bonsum is liable as a result of slight negligence, the claim for damages will be limited to damages that are predictable and typical for agreements of this kind.
7.3 Insofar as liability on the part of Bonsum is excluded, this also applies for the personal liability of Bonsum's employees, representatives and vicarious agents.
7.4 Bonsum is not liable for damages caused by partner companies. In particular, warranty claims relating to services rendered by Bonsum's partner companies may only be raised against the companies in question. Furthermore, Bonsum is not obligated to reimburse the Participant for Bonets that have not been credited due to parter companies' negligence.
7.5 The Participant must reimburse to Bonsum for any credit or donations spent or made with Bonets collected in an improper manner. Furthermore, the Participant must compensate Bonsum for damage caused by misuse of this reward scheme or violation of these General Terms and Conditions by the Participant. Claims for damages for improperly acquired credit or donations includes the purchase price of items obtained (or the amount of donations made) and adequate compensation for the processing expenses paid out by Bonsum. Damages also include Bonsum's legal defence and prosecution costs. The Participant and Bonsum retain the right to prove and claim damages of a lower and greater magnitude respectively.
8. Cancellation, Terminating Participation in the Scheme
8.1 The Participant may cancel their participation in the Bonsum scheme at any time without giving notice.
8.2 Cancellation of a participant's membership in the Bonsum scheme by Bonsum will always be made with a reasonable period of notice. The right to immediate termination for good cause shall hereby remain unaffected. In particular, good cause shall be deemed to exist if the Participant violates these General Terms and Conditions or misuses the scheme. The latter is the case in the event that the Participants carries out a bogus transaction in order to obtain Bonets, concludes a transaction that is not eligible for authorisation with a partner company or unreasonably delays settling a payment with a partner company.
8.3 Cancellation must be made in writing or by email.
9. Changes to the Bonsum Terms and Conditions
Bonsum is entitled to change these General Terms and Conditions. In the event that the new terms and conditions should be disadvantageous to the Participant, they shall only come into effect once Bonsum has notified the Participant of the changes and the Participant has not raised a complaint to Bonsum within a month of learning of the change. Notification of the change can also take the form of a special notice on Bonsum's website. Furthermore, changes will be deemed to have been accepted by the Participant if they continue to collect Bonets once a month or more has passed since being notified of the change. If the Participant does not accept the new terms and conditions in accordance with the above, this shall be deemed as a termination of the Participant's membership in the scheme by the Participant. Bonsum will also advise the Participant of the above at the time of sending the new terms and conditions.
10. Court of Jurisdiction, Applicability of German Law
10.1 These General Terms and Condition shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 If the Participant is a merchant, the court of jurisdiction shall be Berlin. Berlin shall also be agreed as the court of jurisdiction in the event that the Participant does not have a general court of jurisdiction within Germany. This also applies in the event that the Participant transfers their place of residence abroad following registration or if the Participant's place of residence is not known at the commencement of proceedings.