These Terms of Service (hereinafter “Terms”) apply to all contracts concluded between the customer and
BS Commerce Group LLC
Kevin Bolter
30 N Gould St Ste R
Sheridan, WY 82801
USA
Email: info@promptbunker.net
Website: promptbunker.net
(hereinafter “Provider”) via the website promptbunker.net.
These Terms govern the legal relationship between the Provider and the customer in connection with the purchase and use of digital products. Any deviating terms of the customer shall not be recognized unless the Provider expressly agrees to them in writing.
The contract language is English. All contract-related communications will be conducted in English.
The subject matter of these Terms is the acquisition of digital products by the customer. Digital products within the meaning of these Terms are non-physical, electronically provided content such as software, e-books, templates, graphics, audio or video files, or other digital content.
The descriptions of the digital products on the Provider’s website do not constitute binding offers but serve for the submission of a binding offer by the customer. Product descriptions may be changed at any time and without prior notice.
The customer is responsible for ensuring that the technical systems (hardware and software) they use meet the requirements of the digital products. Information on the technical requirements will be provided in the respective product description.
The customer can select digital products from the Provider’s range and collect them in a virtual shopping cart by clicking the “Add to Cart” button. By clicking the “Buy” button or a similar designation, the customer submits a binding offer to purchase the products in the shopping cart.
After receiving the order, the customer will receive an automatically generated email confirming receipt of the order (order confirmation). This order confirmation does not yet constitute acceptance of the contractual offer. A contract is only concluded when the Provider accepts the offer.
The acceptance of the offer occurs through an express declaration of acceptance or through the provision of the digital product for download or use.
The contract text will be stored by the Provider and sent to the customer after conclusion of the contract together with these Terms in text form (e.g., by email).
All prices stated on the Provider’s website include the applicable statutory value-added tax, unless expressly stated otherwise.
The payment methods displayed in the ordering process are available to the customer. The Provider reserves the right to exclude certain payment methods in individual cases.
Payment of the purchase price is due immediately upon conclusion of the contract, unless otherwise agreed in individual cases.
In case of late payment, the Provider is entitled to charge interest on arrears at the statutory rate. The assertion of further damages caused by delay remains reserved.
The provision of digital products occurs depending on the product type through:
The provision occurs immediately after receipt of full payment, unless otherwise stated.
The Provider endeavors to ensure constant availability of the digital products but does not guarantee uninterrupted availability. Temporary restrictions due to maintenance work, technical disruptions, or force majeure are possible.
Upon full payment of the purchase price, the customer receives the non-exclusive, perpetual, non-transferable right to use the acquired digital product for their own private or business purposes, unless expressly stated otherwise in the product description.
The customer is not permitted to:
Special terms of use may apply to certain digital products, which are specified in the respective product description. These special terms of use take precedence over the general provisions of these Terms.
Consumers generally have a statutory right of withdrawal. The details can be found in the withdrawal instructions provided to the customer before submitting their order.
The right of withdrawal expires for a contract for the supply of digital content not supplied on a tangible medium if the Provider has begun the performance of the contract after the consumer has:
The statutory warranty rights apply.
The Provider shall be liable without limitation for damages resulting from injury to life, body, or health that are based on an intentional or negligent breach of duty by the Provider, its legal representatives, or its agents, as well as for other damages that are based on an intentional or grossly negligent breach of duty by the Provider, its legal representatives, or its agents.
For damages based on a slightly negligent breach of essential contractual obligations (cardinal obligations), the Provider shall be liable limited in amount to the foreseeable, contract-typical damage. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the customer may regularly rely.
In all other respects, the Provider’s liability is excluded.
The customer is responsible for the regular backup of their data. In the event of data loss caused by the Provider, the Provider shall therefore only be liable up to the amount of the costs that would have been incurred if the customer had properly backed up the data, in particular the costs of duplicating the data from the backup copies to be created by the customer.
The Provider collects and processes personal data of the customer within the framework of the contractual relationship in accordance with the provisions of the EU General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Further information on data protection can be found in the Provider’s Privacy Policy, which is available on the website at https://promptbunker.net/privacy.
All rights to the digital products, in particular copyrights, trademark rights, and other industrial property rights, belong to the Provider or its licensors, unless expressly stated otherwise.
In the event of violations of the provisions of these Terms, in particular in the event of infringement of copyrights or other industrial property rights, the Provider reserves the right to take legal action.
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has their habitual residence in another country at the time of their order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.
If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider’s place of business. The same applies if the customer has no general place of jurisdiction in Germany or if the customer’s place of residence or habitual abode is unknown at the time the action is filed.
Should individual provisions of this contract be or become invalid, this shall not affect the validity of the contract as a whole. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (BS Commerce Group LLC, Kevin Bolter, 30 N Gould St Ste R, Sheridan, WY 82801, USA, Email: info@promptbunker.net) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Your right of withdrawal expires prematurely if we have begun the performance of the contract after you have expressly consented to us beginning the performance of the contract before the expiry of the withdrawal period, and you have acknowledged that you lose your right of withdrawal by giving your consent to the start of the performance of the contract.
(If you want to withdraw from the contract, please fill out this form and send it back.)
To:
BS Commerce Group LLC
Kevin Bolter
30 N Gould St Ste R
Sheridan, WY 82801
USA
Email: info@promptbunker.net
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
Date
(*) Delete as appropriate.
