Terms of Service
§ 1 Scope of Application
(1) PHENOM ECOSYSTEM – FZCO, represented by the Company Manager Mariia Venherska, DSO-IFZA-9022, Dubai Digital Park – Office A2, Dubai Silicon Oasis, UAE, email: email@example.com (hereinafter also: „Bonusking“, „Provider“ or „Seller“) offers via its website https://bonusking.shop/ („Bonusking Website“) the sale of vouchers („MASTER VOUCHER“), which can be redeemed for service or product vouchers at the product partners (such as Zalando). The GTC apply regardless of whether you (hereinafter also: the Customer) are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the Purchase Agreement result in particular from these GTC, our written order confirmation and our declaration of acceptance.
(3) The version of the GTC valid at the time of conclusion of the Agreement shall apply.
(4) We do not accept any deviating conditions of the Customer. This shall also apply if we do not expressly object to the inclusion.
(5) We reserve the right to make changes to the Bonusking Website and the GTC at any time. The order and redemption of MASTER VOUCHERS shall be governed in each case by the GTC as amended from time to time and in force at the time of the order.
§ 2 Conclusion of the Agreement; subject matter of the Agreement; goods Partners
(1) The presentation and advertising of items in our online store does not constitute a binding offer to conclude a Purchase Agreement.
(2) By submitting an order via the online store by clicking the button „Order subject to payment,“ you place a legally binding order. You shall be bound by the order for a period of two (2) weeks after placing the order; your right to revoke your order under § 3, if any, shall remain unaffected.
(3) We shall immediately confirm the receipt of your order placed via our online store by email. Such an email does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance is declared at the same time.
(4) A contract is only concluded when we accept your order by a declaration of acceptance or by delivery of the ordered items.
(5) Upon conclusion of the contract, a claim to the handover of a MASTER VOUCHER shall be established in accordance with these GTC (and furthermore, in the case of registration/voucher activation there, in accordance with the GTC of the product partner). The MASTER VOUCHERS are activated using the QR code provided in accordance with the technical requirements on our IT platform and can thereafter be redeemed in individual purchase vouchers/service vouchers, the total amount of which corresponds to the nominal value of the MASTER VOUCHER, at the product partners (such as Zalando) and these can then be used freely.
(6) When an order is placed, a contract is concluded exclusively with the Provider, but not with our product partners, with whom an independent free-of-charge usage contract may have to be concluded.
(7) We are not obligated to permanently cooperate with a certain product partner. If our previous product partner leaves, purchased MASTER VOUCHERS can be returned to the Provider for a refund of the purchase price.
§ 3 Withdrawal Right
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal according to section 1, you must bear the regular costs of the return shipment.
(3) In all other respects, the right of withdrawal shall be governed by the provisions set forth in detail in the following
You have the right to withdraw from this Agreement within fourteen days for any reason.
The withdrawal period shall be fourteen days from the day on which you or a third party designated by you that is not a shipper take possession of the last goods.
To exercise your right of withdrawal, you must notify us, PHENOM ECOSYSTEM – FZCO, DSO-IFZA-9022, Dubai Digital Park – Office A2, Dubai Silicon Oasis, UAE, email: firstname.lastname@example.org, by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this Agreement. For this purpose you may use the attached sample withdrawal form, which is however not mandatory.
Dispatching the notification regarding your exercise of the withdrawal right prior to the expiration of the withdrawal period suffices for compliance with the withdrawal period.
Consequences of withdrawal
If you withdraw from this Agreement, then we are obligated to repay to you all payments which we received from you, including delivery costs (excluding additional costs arising from you choosing a different type of delivery than the most economical standard delivery offered by us) immediately and no later than within 14 days as of the date on which the notification regarding your withdrawal from this Agreement was received by us. For this refund we will use the same payment means used by you in the original transaction unless explicitly agreed to with you otherwise; you will not owe any fees in connection with this refund. We may refuse a refund until we are in possession of the returned goods or until you are able to prove that you have returned the goods, whichever is the earlier date.
You must send back or return the goods to us immediately and in any case no later than within fourteen days as of the day on which you notify us of the withdrawal from this contract. The deadline is considered met if you dispatch the goods prior to the expiry of the fourteen-day period.
You must bear the immediate costs of the return of the goods.
You are responsible for any loss in value of the goods only if the loss in value is due to the fact that you handled the goods in a way that was not necessary for checking the quality, properties, and functionalities of the goods.
– End of the withdrawal information –
Sample withdrawal form
(If you wish to cancel the contract, please complete and return this form.)
To PHENOM ECOSYSTEM – FZCO, DSO-IFZA-9022, Dubai Digital Park – Office A2, Dubai Silicon Oasis, UAE, email: email@example.com:
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following services (*)
Ordered on (*)/received on (*)
Name(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only in case of paper notification)
(4) The right of withdrawal does not apply to distance selling contracts
(a) for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, if you have unsealed the delivered data carriers.
§ 4 Delivery Terms
(1) We or our affiliated product partner as our vicarious agent are entitled to make partial deliveries insofar as contractually agreed or this is otherwise reasonable for you.
(2) The delivery period is approximately fourteen (14) business days, unless otherwise agreed. It begins with the conclusion of the Agreement.
§ 5 Prices
(1) All price quotations in our online store are gross prices including the statutory value-added tax.
(2) The price including value-added tax is also displayed in the order mask before you submit the order.
§ 6 Terms of Payment for the Activation of Master Vouchers; Set-Off and Right of Retention
(1) You can choose to transfer the purchase price to our account indicated in the online store, give us a direct debit authorization or pay by EC/Maestro or credit card. In the case of an issued direct debit authorization or payment by EC/Maestro or credit card, we will initiate the debit of your account at the earliest upon receipt of our invoice. A granted direct debit authorization is also valid for further orders until revoked.
(2) Your MASTER VOUCHERS will be activated only after receipt of payment according to § 2 paragraph (5). You will be informed by email about the dispatch of your MASTER VOUCHER. A confirmation link is included in this email. Once you have received your MASTER VOUCHER, follow this link to confirm receipt of the MASTER VOUCHER. Only with this confirmation is the MASTER VOUCHER pre-activated and can be used for redemption as a single purchase voucher/service voucher after final activation. Activation can take up to 24 hours.
(3) You are not entitled to offset against our claims unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same Purchase Agreement.
(4) As the purchaser, you may only exercise a right of retention if your counterclaim arises from the same Purchase Agreement.
§ 7 Redemption of Master Vouchers
(1) Our MASTER VOUCHERS entitle you to redeem them for single purchase vouchers/service vouchers of the product partners (such as Zalando) in the same amount (voucher nominal value). The issuer and debtor of the individual purchase vouchers/service vouchers ordered by you in the course of redemption is the respective product partner (such as Zalando), which provides its services on the basis of its own contracts subject to its own contractual terms and conditions. We owe you only the sending of the MASTER VOUCHER(S).
(2) The credit balance of a MASTER VOUCHER cannot be paid out and does not bear interest.
(3) To redeem your MASTER VOUCHER, please use the QR code you received as part of the activation of your MASTER VOUCHER; this allows you to redeem your MASTER VOUCHER for a voucher from the selected product partner (such as Zalando).
(4) To complete the redemption process, you must acknowledge and accept the general terms and conditions as well as any special terms and conditions for voucher redemption of our product partner (such as Zalando). At this moment you make the offer to redeem your MASTER VOUCHER.
(5) The acceptance of your offer takes place by sending the voucher code. Depending on which vouchers you have ordered, you will receive them by mail or email and can then redeem them at the product partner (such as Zalando). The Provider’s performance shall be deemed fulfilled upon successful delivery of the MASTER VOUCHER.
(6) The MASTER VOUCHER can only be redeemed once. An exchange is no longer possible with the completion of the redemption process. The MASTER VOUCHER must be redeemed in your own name and for your own account. Redemption in another’s name is not permitted.
(7) The purchase of the MASTER VOUCHER for the purpose of resale is only permitted with the prior written consent of the Provider. This also includes the use of the MASTER VOUCHER for the purchase of goods or services acquired for the purpose of resale by redeeming the credit on one or more MASTER VOUCHERS.
§ 8 Warranty
(1) We shall be liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions, in particular Sections 434 et seqq. of the German Civil Code (BGB). The limitation period for statutory claims for defects is two years and begins with delivery of the goods.
(2) Any seller’s warranties given by us for specific items or manufacturer’s warranties granted by the manufacturers of specific items shall be in addition to any claims based on material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties shall be set out in the warranty conditions which may be enclosed with the items.
§ 9 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall be liable – unless otherwise stipulated in para. 3 – only in the event of a breach of a contractual obligation, the fulfillment of which makes the proper performance of the Agreement possible in the first place and on the observance of which you as the Customer may regularly rely (so-called cardinal duty), and limited to compensation for the foreseeable and typical damage. In all other cases, our liability shall be excluded subject to the provision in para. 3.
(3) Our liability for damages resulting from injury to life, body or health and under the German Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 10 Copyrights
We have copyrights on all pictures, films and texts published in our online store. A use of the pictures, films and texts is not permitted without our express agreement.
§ 11 Applicable Law and Jurisdiction; Dispute Resolution
(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of goods. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the Customer as a consumer has their habitual residence, shall remain unaffected.
(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office.
(3) Dispute Resolution: The EU Commission has created an Internet platform for online dispute resolution. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase agreements. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor required to participate in dispute resolution proceedings before any consumer mediation body.
Status of the GTC: 10/20/2022